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3230 Oak Street
i CITY OF WHEAT RIDGE Building Inspection Division r (303) 235-2855 Office INSPECTION NOTICE Inspection Type: t Job Address:' Permit Number: r < ❑ No one available for inspection: Time MIPM Re -Inspection required: Yes Flo{ When corrections are complete, schea(u/ere asp n online. D 'Inspector DO NOTLRFA4M Inspection Type: Job Address: Permit Number: CITY OF WHEAT RIDGE Building Inspection Division (303) 235-2855 Office INSPECTION NOTICE J No one available for inspection: Time AM/PM Re -Inspection required: Yes No -When corrections are complete, schedule re -inspection online. Date: Inspector: DO NOT REMOVE THIS NOTICE i CITY OF WHEAT RIDGE Building Inspection Division r (303) 235-2855 Office INSPECTION NOTICE Inspection Type: 1M Job Address: Permit Number: ❑ No one available for inspection: Time ' 1 AM/PM Re -Inspection required: Yes No When corrections have been made, schedule for re -inspection online at: http✓/www.ci. wheatridge.co.usrinspection Date: 'k -inspector:-> DO NOT REMOVE THIS NOTICE i CITY OF WHEAT RIDGE Building Inspection Division r (303) 235-2855 Office INSPECTION NOTICE Inspection Type: f9 , � Job Address: 2 3 L Permit Number: ) OA L ,2401 ❑ No one available for inspection: Time AM/PM Re -Inspection required: Yes No *When corrections are complete, schedule re -inspection online. Date:1 � )3 , Inspector: DO NOT REMOVE THIS NOTICE PERMIT NO: JOB ADDRESS: JOB DESCRIPTION: City of Wheat Ridge Residential Remodel PERMIT - 202002409 202002409 3230 Oak St Basement remodel - 513 sq ft total ISSUED: 12/18/2020 EXPIRES: 12/18/2021 *** CONTACTS *** OWNER (720) 633-2249 SMITH KEVIN C & CLAUDIA SUB (303)421-8711 GERARD/JAMES NEALON 019764 CRESS KITCHEN & BATH SUB (303)949-6939 JOSEPH E. ARNOLD 110261 GREEN MOUNTAIN PLUMBING LLC SUB (720)989-3857 DOUG WRIGHT/LUKE MORRISSETTE 150139 DISCOVERY ELECTRIC *** PARCEL INFO *** ZONE CODE: UA / Unassigned USE: UA / Unassigned SUBDIVISION CODE: 2403 / APPLEWOOD VILLAGES, PROSPECT V BLOCK/LOT#: 0 / *** FEE SUMMARY *** ESTIMATED PROJECT VALUATION: 42,324.04 FEES Total Valuation 0.00 Plan Review Fee 421.88 Use Tax 888.80 Permit Fee 649.05 ** TOTAL ** 11959.73 *** COMMENTS *** *** CONDITIONS *** All roughs to be done at Framing Inspection. A printed copy of the permit and city stamped on-site plans must be available on-site for the first inspection. Approved per plans and red -line notes on plans. Must comply with 2018 IRC, 2020 NEC and all applicable City of Wheat Ridge Municipal Codes. Work is subject to field inspections. 1* � 4 41' PERMIT NO: JOB ADDRESS: JOB DESCRIPTION: City of Wheat Ridge Residential Remodel PERMIT - 202002409 202002409 3230 Oak St Basement remodel - 513 sq ft total ISSUED: 12/18/2020 EXPIRES: 12/18/2021 I, by my signature, do hereby attest that the work to be performed shall comply with all accompanying approved plans and specifications, applicable building codes, and all applicable municipal codes, policies and procedures, and that I am the legal owner or have been authorized by the legal owner of the property and am authorized to obtain this permit and perform the work described and approved in conjunction with this�permrt. I further attest that I am leg ally authorized to include al entities entities named within this document as parties to the work to be performed and that all work to be performed is disclosed in this document and/or its' accompanying approved plans and specifications. Signature of OWNER or CONTRACTOR (Circle one) Date 1, This permit was issued based on the information provided in the permit application and accompanying plans and specifications and is subject to the compliance with those documents, and all applicable statutes, ordinances, regulations, policies and procedures. 2. This.permit shall expire 365 days after the date of issuance regardless of activity. Requests for extension must be made in writing and received prior to the date of expiration. An extension of no more than 180, days made be granted at the discretion of the Chief Building Official and may be subject to a fee equal to one-half of the original permit fee. 3. If this permit expires, a new permit may be required to be obtained. Issuance of a new permit shall be subject to the standard requirements, fees and��procedures for approval of any new permit. Re -issuance or extension of expired permits is at the sole discretion of the Chief Building Official and is not guaranteed. 4. No work of any manner shall be performed that shall results in a change of the natural flow of water without prior and specific approval. 5. The permit holder shall notify the Building and Inspection Services Division in accordance with established policy of all requ�ired inspections and shall not proceed or conceal work without written approval of such work from the Building and Inspection Services Division. 6. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, anviolation of any provision of any applicable code or any ordinance or regulation of this jurisdiction. Approval of work is subject to field inspection. Signature of Chief Building Official Date REQUESTS MUST BE MADE BY 11:59PM ANY BUSINESS DAY FOR INSPECTION THE FOLLOWING BUSINESS DAY. no change to valuation From: no-reolv(alci.wheatridae.m. us To: CommDev Perm is Subject: Online Frohn Submittal: Residential Interior Remodel Date: Tuesday, November 17, 2020 3:47:26 PM Residential Interior Remodel This application is exclusively for Residential Interior Remodels and other scopes of work which do not have a specific form already available. YOU MUST ATTACH A VALID CREDIT CARD AUTHORIZATION FORM IN ORDER FOR THE PERMIT TO BE PROCESSED. Your Permit will be emailed to the email address provided below once it is processed. THIS APPLICATION DOES NOT CONSTITUTE A PERMIT. DO NOT BEGIN WORK UNTIL PERMIT HAS BEEN ISSUED. PROPERTY INFORMATION Property Address 3230 Oak street Property Owner Name Claudia smith Property Owner Phone Number (enter WITH dashes, eg 303-123- 4567) Property Owner Email Address Attach City of Wheat Ridge Electronic Payment Form - "DO NOT ATTACH A PICTURE OF A CREDIT CARD" 720-633-2249 Field not completed. City of Wheat Ridae E-Check.odf APPLICANT INFORMATION Applicant Name Cress Kitchen and Bath What is your role in the project? Wheat Ridge Contractor's License Number (This is a 5 or 6 digit number for the General Contractor 019764 City of Wheat Ridge) Contact Phone Number 303-421-8711 (enter WITH dashes, eg 303-123-4567) Contact Email Address for Plan Review Comments rhonda@cresskitchenbath.com Retype Contractor Email Address rhonda@cresskitchenbath.com DESCRIPTION OF WORK Detailed Scope of Basement remodel - 1. FRAME IN a. NEW WALLS AS PE Work - In the space DRAWING b. DOOR OPENING FOR UTILITY ROOM 2. FRAME below (not as an IN FOR THE NEW FIREPLACE BOX- PLEASE HAVE attachment), Provide a FIREPLACE COMPANY INSTALL APPLIANCE 3. FRAME IN detailed description of AND INSTALL THE NEW RECESSED MED CAB IN THE work including BATHROOM. Basement Demo -Demo out the existing can mechanical, electrical, lighting located in the new Kitchen area. -Demo all the electrical in the wall adjacen to where the new door will be installed in the plumbing work kitchen area. -Demo out all electrical in the walls where the new occurring, kitchen cabinets will be installed -Demo out the ceiling box and adding/removing walls, conductors feeding the old pool table light fixture -Demo out the etc old ceiling fixture located in the area in the ceiling located outside the basement bath (replacing with new fixture. -Demo out the light fixture in the basement bedroom -Demo out the power in the wall where the ne entertainment/ Fireplace will be installed - Demo out the existing Vanity light in the basement bathroom - Demo out the 4" can light that is in the soffit that will be in front of the TV ( due to possible glare) Job Scope: Kitchen Area Power - Provide 1 new 20 AFCI/GFCI protected circui to feed the new microwave being installed in the new peninsula -Provide 2 new AFCI/GFCI protected receptacles to be located in the new backslash area of the kitchen. -Provide 1 new receptacle for the fridge -Provide 3 new receptacles in the new peninsula area. - Provide Power for the garbage disposal AFCI/GFCI Job Scope: Kitchen Lighting -Provide 2 new AFCI/GFCI protected receptacles to be located in the new backslash area of the kitchen. -Provide 1 new receptacle for the fridge -Provide 3 new receptacles in the new peninsula area. -Provide Power for the garbage disposal AFCI/GFCI Job Scope: Entertainment / Fireplace Area Electrical -Provide AFCI/GFCI protection for the entertainment/FP area -Install 4 new receptacles on the entertainment wall ( 1 high for TV) -Provide new dedicated twenty amp circuit to feed the electric fire place. -Provide Data chase from TV wall to closet located directly behind the entertainment wall. -Provide 1 Quad in the closet directly behin the entertainment wall for power for components. -Install 1 new 4" can to right side of the Fireplace located in the soffit area to match the left side existing 4" can. Install four inch colo changing led trims. Job Scope: Basement Lighting -Replace 4 @ 4" trims with new LED trims -Replace 18 @ 5,6 " can trims with new 6" LE trims -Replace the existing ceiling fixture in the ceiling located outside the bathroom area with new owner provided fixture. - Replace the vanity light in the downstairs bathroom with new fixture located in the same location. -Provide new dimmers to be installed throughout the basement open area Job Scope: Downstairs Bedroom -Rough in and install 6 new can lights in th basement bedroom, provide LED trims. -Provide 1 new dimmer to control the new can -Provide AFCI protection for the can Iights.Seventy amp sub panel to be installed near the existing panel. Existing panel is full and does not have efficient space for new circuits and AFCI breakers required during theremodel. ROUGH IN FOR THE NEW KITCHEN SINK AS PER DRAWING. INSTALL NEW DRYWALL AS NEEDED ON THE NEW WALLS. REPAIRS WALLS AND CEILINGS IN BASEMENT AFTER ROUGH PLUMBING AND ELECTRICAL IS COMPLETE. I, the applicant, I have entered a detailed scope of work. understand my application will be rejected if I do not include a Detailed Scope of Work. Location of Work Basement Square Footage Area 513 of Work Being Performed Asbestos Report City of Wheat Ridae - Smith.odf Upload letter size City of Wheat Ridae -Smith 1.odf documents here Construction Plans City of Wheat Ridge - Smith 2 ndf scanned on 11'x17" or larger Project Value (contract 42324.04 ok bf 12/6/2020 value or cost of ALL materials and labor) SIGNATURE OF UNDERSTANDING AND AGREEMENT I assume full Yes responsibility for compliance with applicable City of Wheat Ridge codes and ordinances for work under any permit issued based on this application. I understand that work Yes may not begin on this property until a permit has been issued and posted on the property. I certify that I have Yes been authorized by the legal owner of the property to submit this application and to perform the work described above. Person Applying for Rhonda ochko Permit I attest that everything Yes stated in this application is true and correct and that falsifying information in this application is an act of fraud and may be punishable by fine, imprisonment, or both. Email not displaying correctly? View it in your browser. City of W heat P,jdge COMMUNITY DEVELOPMENT SUBCONTRACTOR AUTHORIZATION FORM Plumbing Subcontractor This form must be completed & signed by the PLUMBING SUBCONTRACTOR performing plumbing work on site. Subcontractor's insurance and license must be up to date prior to permit issuance. Project Address: .3,::�•5o c is-^ 4, • General Contractor: CA � 6t-1LCf FORM WILL NOT BE ACCEPTED WITH MISSING INFORMATION i1 hjag'1 Plumb ZL Company Name: �ontact Phone #: 3�3c/t G 9 "0 5t7 Wheat Ridge Contractor License #: 1102- d (required field) State License #:_0()b 2b80 Master License #: nd itb�)671 V _Ja se_o) q, hf- l ld_o Printed Name of Authorized Agent VL ftnature of Authorized Agent I Z- li_l- ?02-0 Date Ai City of W heat idge COMMUNITY DEVELOPMENT SUBCONTRACTOR AUTHORIZATION FORM Electrical Subcontractor This form must be completed & signed by the ELECTRICAL SUBCONTRACTOR performing electrical work on site. Subcontractor's insurance and license must be up to date prior to permit issuance. Project Address: 301W Do— S4 - li- lt C 1 ` General Contractor: AIA/6 K- +C�- h /1.�C[-�"-k FORM WILL NOT BE ACCEPTED WITH MISSING INFORMATION Company Name: hW OVA -K q&iU- Contact Phone #: 92b - 4 7J-1 -30 Wheat Ridge Contractor License #: (required field) State License #: D 100 a% tb Master License #:_0to 0 b !ZJ Printed Name of Authorized Agent 12 t4 Zb2b Signature of Authorized Agent Date TRUSTED ENVIRONMENTAL SPECIALISTS 303-257-$994 AEC@SCOREAEC.COM CtWW.SCOREAEC.COM LIMITED SCOPE ASBESTOS INSPECTION REPORT Project Detail Proja•t Ilwation::3230Oak Sthmt in N'beat Ridge, (blorado 80033 Perl'o�7unl 13,N: /,achary Stubbs ❑is1wetion Date: Norendwr (i, 2020 Relxul Date:.Novrndwr 10, 2020 Presented To: .11s. Claudia. Smith Prepared By. .ldvraircd Consulting, LIT ('olorado Consulting Firm#: 20874 .x800 Franklin St. Suite 101 Ikorer, CO 8021(; TABLE OF CONTENTS 1.0 IN'►'RODUTION 2.0 HPik 1,1:n7) REGULr1TIONS 8.0 INSPE TION PRO'PMOL 4.0 SlkMPLING1 PIRWIM,LIES 5.0 nSSESSNLI:NTOP'MnTERMLS 6.0 SITE DESCRII' I'ION kND PRO.IE(T DETn►► S 7.0 Ln130Rn'►'O►3T ntMLTSIS AND 11HSUL S &0 CONCLUSIONS 0.0 RECOM31ENDn'l'IONS 10.0 nSBESTOS SPILL. RESPONSES 11.0 OSIIn GUIDELINES 12.0 COId)11:11x) DEMOLITION MTIVITIES 13.0 LBIIT MONS L*t of Attachments Mbleluueat n: Picto ,%ttachaxrot 13: RolkSample` I.Og llttaelulleat C: Laboratory Relxllt Mbleluu(at D: ('eltil'ieations 11terii 118: WA R%Sbvstos 111amixIIISeasitiVitt/Reslxnlse,(ct:..........._......................_.................................................................................... 1111':8.\ Re](M DO(Ttioa LPVeI R:1S K18 :.................................................................................................. o o:h>slxwh>s 3ui1ling Insp[toc Colora101)(paltmeutof PublicIlealtil and E..u..c..i..m...o...l.o..p..u..t..:.................................................................................................................................................................... CAI . .........()PI ('ubic I+'(rt:..................................................................................................................................................................................... IL 1+ill\'Ilblllll(llta► h1Y)teet1011 ng(91('\':........................................................................................................................................ CI. EffieieaeY Pllltictaate nil:.............................................................................................................................................III+II'A 1+, 3 Ilk Lihigh lle:ll• Flo l ................................................................................................................................................................................... Nxtiouxl I+.missions Standarel for Ilaiaurbws nir Polllitan... llf ......................................................................................... NolleDOvet(vl:.............................................................................................................................................................................. N'L+7SIIAI' (keupation:d S:lfeh' au(l II(altb A(Ioliuistrati0n:...............................................................................................................(STIA NI) 1)(1-8(111:11 P1Tlt(Y•tiveE(I111pIDellt:.............................................................................................................................................. Ligbt Nliclns(•opV:..................................................................................................................................................... PPE RPo►ariv(ll Repair, and Paiatiu PLNI SeuoVatioll, ......................................................................................................................................... [Iltal•(` I+'(rt:.................................................................................................................................................................................. IIRP SI' DFFINPI'IONS Colorado Ilecaulation Number 8'Pri+ger Levels"* 0.) 11nsidrlatial - 32 SF., 50 LF., m1uhalont of it 55 -gallon drain (2) ('onmuvrinl or D iuvolifimi- 160 square feet (I60 SF), 260 linear feet (?,till Lh), or the (4luicalent of it .55 -gallon drilla). Uiunagel Condition (D): Materials aur ill damaged eouditiou i1' thec Lave it surface which is crombling, blistemd, water - stained, gouged, marred, or otherwise abraded over Tess than one-teutb of the surface if the damage is evenly- distribotel or less than twenty five p>ereent of' the surface if the damage is localized. AIYA I. ild'PriEgef IRPPIs An inspxctiou nulstoeevr if nlarthau OSFof interiorsurfaces; 20 SF of exterior surfaces will be disturbed; or ANY window is bring mplaeeb. Friable (N): Friable materials ai, materials that can be crumbled, pulverizel, or reduced to powder by hand pmssure when Good Condition (Ib): Materials am in good condition if they have a surface with no visible damage or deterioration; or showing only vele limited damage or deterioraltiou. IIonlo eneous Area IIA : Al terials can be classified its the same 11A il'tbey cchibit simila pinsical characteristics; andthe application of the sampled material call be eorwhitcd to the application of un-sangded materials. Miscellanells Materials .IIIZ These materials ar other suspect materials, including flooring, ceiling tiles, insolatioly and finishing materials. Each honlogeneoas arca/diffelrnt MM aloterial replims a. minimum of two (2) samples; or enough samples sufficient to determine the asli stns coutellt. Son -Friable (NIO: Non -Friable nmterials aur materials that cannot be crumbled, pulverized, or reduced to powder beby hand plsum when ill•)-. A NF material elan' come F i I' its condition had deteriorated or il' it had been ilnpletel by fonts that rs have Irmdeml it F. OSIIA'Pri + cer I.ewels": 10 SF, 25 SF, or 35 CP; however, OSTIA states "no amount of asbestos is sllfe ". significantly 1)auuapel Condition ( :Uaterials a,m in significantly daumged condition if they blive it surface that is crumbling, blistemd, water-staii sled, goaded, annexed, or other iso abraded over at least om-teutb of the surface it' the daaullge i5 eyed)' dlstrlbatell or twenty five pelxrllt of theee` sol'falIf the dalmige is localimil; of a surface that is Imllging from the cud, deteriorated, or showing adhesive fnihi r. Surfacing Materials (SND: Tbese materials ale sprayed or timvelel onto strocturill building member. Materials of up to 1,000 SF of material regnims it minimum of tbme (3) samples; between 1,000 Sle and 5),000 SF of materiel reluims it nlininulm of five (5)) samples; over r,I[M SF of material requires a mimiuuuu of' se vein (i) semlpbs; at least one (1) sample of each patch. 'Pherulal Systems lusmlatiolSl SIX 'These mlaterilds am am -type of pille, boiler, took, orduct insnlaltion. Each houlogenems aril/diffemnt'Dil material repuilxs it ulininumu of mi -e (3) samples; tit least one (1) sample nest be collected Dela each patch; and collect enough saulples sufficient to adequately asses; the material and detelauine the asli stos content for TSI fittings such its pipe chane or Vs. m LO INPRODUMON Advance] Pnvirmnuental Consulting, LIT (AHO was rehlioed to rollert snluples of suspect asbestos -containing nlaterial(s) (ACM) that would be disturbed at the above-refereurod property on the xboce referouced date(s); and provide au asbestus building inspection report including laboratory analysis. t"olorndo lligillation No. H- Part B Sprtiorr. A./, %'rine to 11,111. rrunritinu nrdemolition nlrich msec disturb grpnter than the trigger lerpls n/' rrrntrri;1.l irlrutifhrrl us 1a a11spprt I t'J/ P11rxunnt to the EA4, tl1,e faacilitr courlao11p11t(s) to he uffpr•ted In- the rvvrorntio11 or &.11101itio11 .Shull he inspprted to r10trrmi11e if uhatr11rr11t is 1-mi11invl" see below for further information oil identifying trigger levels, sampling protocol, and materials rlassifieations per the regulaltious. 2.0 EPA LEAD REGULATIONS \sol' April 22, 2111Q the h:PA instituhrl guidelines and rrgulatians for the rrruovxtion and/or mnunh•I of hmues built prior to 1978, the ye:u• that the manufacturing of Mad -based paint was pl-ollibihvl. If loud is present Nithiu paint on building components allove the action level, anv artivith' inlpax•ting these components nalst Is, conducted using "lead safe" words practices and IMP Certified contrartols. As of :March 26, )014, the HILA has iustihntel new guidelines and regulations for the fa.ihue of firms to follow RRP engineering eontmis, or when remodeling pritjeets tier done by individuals or firms that do not have proper IM13 training and certification. When it is suspected that it lead 11:17alld has been emated, MPA will inquire an inspection, including wipe samples. If tile, Imultn of the illspNctiml deteI'll iue that it lead Ilaz:ud has been (• Mated the follow steps N ill Ie eondocted: • The site will be eonsidelld lead-cmrttimiu:lhll and RRP sbunlanls Ilod practiem will no longer apply; • Both the Je A and the ('DPIII. I egad I'nit IIlnedeterminel thatcleu)-up is now del'iIlel as it Iead abaMunent projoct; Regulation Bl stand:lyds Nill be l"111invl to be followed in Order to lead hazards: - .A state certified abatement firm and individuals will Ie nl4lI,i1111 to rondurt the clean -1,p - The firm will need to apple furl p eralit and follow all llquilpuleuts of IMgaL•Ition No. 19, Part A, Section V, Abatement - A state-eertified firm and individual will be replired to conduct pinj(ct clealraures, sampling and provide the CIMMI, Lead Unit will, espies of those reports. Colorado Air (nudity Couhnl Connuission Regulation 19, part A, states: IN l.c`ad-based paint 1111%11111 mealls an)- (condition that causes expN surf. to lead flnnl lead-e•o.m.Tnillilted dlnst, lead - contaminated soil, or lead-Ixlsel paint. Lead-based paint henull also me11ns hazardous lead-based paint, dustlead hazard or soil-leld hazalll. &0 INSPECTION PROTOCOL The inspection and assessment were perfornlel is aceonlanee with ElPAhkIIF]RA proeedum, These procedures call for the visual inspection of all auras of elncern iuehuliug eulle tion :rod anufl sis of rpprlseutldive balls samples of suspect material. Ilandonl bulk samples, representative of the suslsct AC)l of elicit IIA, were rolletel arconling to the guidelines publishel as IAWA Final INI(v Title 11 of the Toxic Sobstances Control Act, 15 CSC, Sections 2641 thlvugh 2)654 and in coulplianep with 40 (Tit, Peet 71;8. liepmsentntive sampling is based oil the folloNing criteria: • The distribution of the cusp e t material thllmghoot the Ilk, • The sospee•t nlaterial's physical eh.n•acteristic•sflnd application, • Ilandomsamplinglxlttecvsdeterolinelfoo- eaellllA. LO SAnfvr"GPROCEDURES suspect materials alike in appearauce and application wee sampled as flits. Those Sampled suspect materials are then subcategorized into one of three e111ssifir11tious: SM 71S1or JL1/. I U9(' colhctMl surl'au ing amlerias by types of tcstuir. Not evert lYenu with var.h teshur ❑ial bare been ttstcd; honrvor, it is assumed to ley positive if it has the snore texture as the alove-rel'ere'need types. ALC uses drvwaIIscliml.clm /texturiffi to determine the teztutr label compariums. Fbr'ISI materials, ANXI uses inmges thnmgh (]cogle for cowpxrison whoa naming material types. 1111s arc ninned based oil the material they air as seen by the aecroilited inspector during the on-site inspection. it VC eollechd nt least the nrininumu nunil)(w or samples Prean eaeh IIA uarssan to meet ill wgulator.N. rmpei renienh for the. ( iantityofmatorialtobedistuiheil.Thegmurtities1istdinthismportaarapprvisiaiateoralon-siteveriI'icationoftheosact quantitvorcath materiel is requirevl. 5.0 A99ESS]MMM OF MATERIALS Condition assessments were lvi-formyl by the accredited AFX' inspectors) at the time of inspection. Condition assessments include ratings of "ti", '7)", or `sw per each IIA and are meant to indicate the overall condition of each material. Acenmuelation of powder, dust or debris simiilar ill appearance to the suspect material on surfaces beneath the material can be userl as confirmatory evidence when determining the material condition assessments of G, Dor A72 All suspect materials were divided into For NFcatigories at time of sampling as conducted by hand touch and feel when performed by' the inspeKlm(s) during the on-site inspection. %'ter classircing each le A01(s), the AEC inspectors) gives each 1IA material a ha✓wd rating (IIl1). Their are seven (7) different Alts that eaeh nurterial is suleat(gm•iied into if the Material is deenial F. The following seven (7) numbers are assceiand with each 1111: 1.) Af or"sD" thermal sYshems iusilation ACM Z.) Ay, friable surfacing A01 3.) "sU friable surfacing ACM 4.) D" or "Sl)" friable iniseellanvns AC1I ii.) ACM with potential for "ll, (i.) ACM with lwtentinl for `sD" 7.) Arc remaining friable A01 or friable suspect A01 The certified asli shas inspector(s) nest prewide it Written asses'snneut of the condition of alp known or arssumeel AC11. These assssnreuts are to include specil'ving: the teles of damage, the severity' of damage, the extent of the spewed of the damage over each material, the materials potential for disturbance, the known or suspected encases of the damage, any preventive uneasti s thatnrav elinlivate the likelihood or the dauungevl material front leconing a significanth dauiagevl material, and whether the material is accessible; all over the I IA. if au :%1I is sD and greater than Coloraido Ilegulatiou No. H trigger levels, them the a.era(s) are deenuxl irmajor spill. If the materials air less than the trimmer levels bill greater than 3 sF or 3 LF', then the area(s) are deemetl it minor spill. see the spill response sections as outlined below (section IILO). 0.0 SITE DESCRIP'T'ION AND PROJECT DETAILS The above iefeenced pigel-tv is it simgle-f miil� residential dwelling. Destructive sampling Has eondueteel on the materials planned to le disturbed at the alove irferenced pmpeerty. The asbestos survey was conducted by the aleme referenced CDPII E and AIII91lA certified asbestos building inspector. Samples were subunitteel to Reserwnins 1911virrrmnentol Incorporated laboratory for Polarizal Light 1licroseopyN (13I -A1) analysis to identill. asbestos content. The sampler; were w(pusted on it standard tummmund time for i-(%Ilts. 7.0 LABORATORY ANALYSIS AND Bffil7M Bulk samples collected were auah'zeil utilizing the 19PA's Method Io" the Determination of Asbestos in hulk Buildiny Materials (EPA (1110/11/11(1, .lulu, 1993) and the 1[cCreme I3eseare•h Institutes 'Flee Asbestos Pmliele Atlas as methods references ,Auarheis of the bulls aawplcs was perfornud on the "date reported," as listeel in the belle -sample mradcsis re+poll. l tdnrndo UP911146011 -Vi) N — P,•nt B .Srrtion IIL,I. /.r, ':I butcmrnt, Ilenolation ;nil /k-mo/ition Yrnjrvty -Of (t1,/nr;ulo /lrhrrrhrt/on H rrvlrrirr;v that all s rmp/1,s of fr•/alr/e aslxntov is mt/umtrvl to be /" rad )rwtres or• MSF, bI1t hrrratrr than 0' Lr ki nrrthalothrrthanfxrintr»rmtirr thedetrrmivationshalllxmlxntrrlus/u tGc/xiintrnnntingrtrvhuignrwithPLD/." (I)MIE(irnrpl/arrrel3nllrtirl.April ` A97 7)rl oullunrldi;rn.rlluurr7nniI roat,•iinaslxastra� Tlralxrrrnutofnslxwtevrrnrttrincvl in thedrt nn//aml itvamochihv/raatrviu/.g /nrlarlinr rnurlcurltzlx; m;rrlx rTrkvruiurvllxmrr/on a re/nrvnnhrtiav rrougxrsitr wuupl/u /ungrr:un.-Ifjointr ulpoll div rrrifirvlfih'npplirvlorrlrolvrd�rnullswuus;tml/ncorurra;itrmivhr'rmnposihvl ;rt a Iahor;ttorr. ONI1I Arrow not aarrvurt rnngxrsitr.v mrple;nurll sis of joint rnn[/xmrrrl, and thrrrfrrrr nu r material that is nlxnr R A(M111,1 r Dot be ('0111poxitrvl at the hdrorntm;a; /mrOS11.1 AwMeminsL Please find attachcxl the laboratol7 mlxat of 111,1I results. AMC olxx47•cd two (2) honi%k�uckms auras that N% oil be d isturlxvl daring the plmrucxl plxrjcv+t as outlined alxwe. Tho sasjwt aslxstcn containing building material(s) were smuplcd in five O) locatjous. Basckl on the site obsemations and, bulk sample 111,11 laboratory araall is 1rSults eollo< krl b} AEC, iero (0) suslxxrt, rmllorials coutaincd aslxstos. The following Sampled materials in nd 1111, 't the lx cnlatory limit of 1° aaad ill -box are as xstos-containin Dl;rffirldTirx' /wxution (burl/tion hriahilitr' ///1 /at.(Jountitr /hnult N/A The folio inySampled materi•ds • nd •ur•1s 1111 \(Yr astx sto c ont liujnc luteri;d TiroI mvitiou SAI — Knoekdo%n Tvxtmxd D1;vwall Basement Walls 1111— Joint (nmlxnmd With Knockdown Texta re The CDPI1191rqIli lxs pcl naitting for aun'rrulovaI 11eticiti(s iu a eonuuely ial as piroject ('(sign in with the amount of ACM to Ix� abadxd esrmds 1,000 LF oil pipes, or 3,000 SF oil other surfaces and an asb(stos projM•t manager i f Hae aumunt of F AC11 to Ix' abated excreds 1,000 LF m1 pilxs or 3,000 SF on other to rfaccs AMC is able to develop a paxrj(,ct deSigu and/a• ]xvforni plxaja•t m:ua11ger n•icxs for this 1)1x)jet•t for an additional foe. 9.0 RMOMMENDATIONg AMC mconmlends that n -hen .1('11 is Iruiovcd/abated, that in tonly a licensed aslxastos abatement e�outraetol' using lxaironnol h 11iuckl he hauulliug of .A('.VI be al lowcxl to conduct such artivitics using appixrpriute methods (I II,PA-fi Iterexl vaoumaing wet cleaning methods, respirahny plxrtectiou, p1»tn�tive ('lothing, persouuel deeonhrmjnation, uegatjvaair enclosures, air uaouitoring, etc.). For call spills, AMC Ixrouunends Flint all Soft goods (empet, pad, cloth s, couches, etc.) and any ecjling and/or wall Surfacing lxska•atioaactiviticslxlruun•crlfixmitheinhriorofthelnaiklingaasaas►xstc>Su;aste• Al"Cidsoadviwsthat onl).hard Surfaces (plastic, ulefil, wool, concrete, etc.) air adlowal to lx, left in place befom the final visual and final air cicarance hats are completed. -UT urg(s that ehrtixnrics and appliances (mfrigcratols air conditioners, DVD players, microwaves, toasters, etc.) aw mnmval dile to the nxrhauieal olxvings and working lints that umlce it difficult to clean thoroughly. m 10.0 ASBESTOS SPILL Bl19PON9ES Major SpiuRespoamPmfmora 11' AOf is significantly dauaged and the total (Inaatit;N-exr(vvls the regulatory trigger Icvels, the area is drema it `bhyior Asbestos Spill." The aril is conziquentl' s ll;iect to the fix] uiirnlents is Reg. 8, Rection III.T.1.–114orrlslH. WsSPRA; as outlined below. Additional asbestos air or dust sampling should also be cond])oted eithin the reuulilling vases not directly imparted by the .Major Asbestos Spill to determine i1' nslxstos-colrtaining dustilebris has spread to adjacent areas. II' aslishos fibers s are found within any other areas or oil building contents, they should he included in tbo scope of professional abatement and deco Italll l l la t loll. The following rcsloonse actions umst lac followed per Colol-ado Reg. 8 wheo a .11a,jor Asliistos spill occurs: • Restrict accss to the area and last warning signs to prevent eutr;y to the arenby lxvsons other than those necessary to resloond to the incident. • shat off or temporarily nlodifY the air handling Ikystem to prevent the distribution of asbestos Pileus to other alms. lnonediately contact the Dilisiou by telephone, submit a notification in cm opliance with subsI11.h octio1 , (Notifications) and, if in au area of public cress, apph for a larinit in aceonlanre with subsmtiou IILU. (Permits). Be exempted from the requirrulents to haven certified Suli,nvisor ou-site at all times, mmtil sneh tinge as the immediate danger 11118 passed. Ann cleanup or asbestos abatement that ])last occur after the imnnvlinte danger lifts passed shall be super iced by a per'MHI Certified by the Division. 1'siug certified Sup(v-isms and certified \Porkers in accordance with section II. (Certification Re(lain+])lents) ofthis Regolatiu' seal all planings Ix�tn'e�u the eonh'miuxkvl -fall umantaulilistd arcus and establish none -detect air pressure within the contaunifailed aura in nerolvlance nvith paragraph 111.3. (kir Cleaning and None -detect Pressure Re(isirrmeats).This istolxeaeon'plishelusiuglahethvleursheetingtorocerarrau suchasdoorways,windows,elevator olxenings, corridor entrances, grills, drains, grades, dirrusers and skylights. • HERk vacuum or steam clean all ealryats, dial v, upholstel;y, cold other non -clothing fabrics in the rontanuinated a,rc 1, or discalxl these materials. Launder or discard contaminated clothing in acemvlmlre with subsection fil.R. (Waste Ilandling). • 1114TA vacmnn or wet c11vnl all surfaces in the contlouivatel lora. Discarel all materials in acrmdanee with suhs'Mtiou Ill -R. (Waste handling). • Following completion of subliaagraph ❑I.T.I.a. through IILT.I.i. above, eomlply with air monitoring rrgnirciueats as described in subm-tion III.R (Clearing Abatement eProjects); air samples slot ll be collected 1'ggmssivoll as d(rerrilad in 11 directed Part iris, Appendix ,k to subpart 1, (19P.A 199G), except that the air stream of the leaf blower shall not be dircred at any friable :1C. I that remains in the lora ,fill Comply Comply with any other aleasurs deviled umessaa;r by the Division to protect public. health. Ancor spi u Response pmli"i's If .U'31 is significantly damaged rend the total (loantity is less than the rr 1111"0 ;y trigger levels, however, more than threw squlur feet (3 Rh) or they e linear feet (3 1,F), the arae is deenad a "M i nor Ashestos sl)m." ,rhe aarais rouse,luentdy subjexIt to the milli'rnnents in Reg. 8, Rection III.T.2.– ;llinorAgxstns Spiry as o Cline d bx'low. :Additional asbestos air or dust sampling should also be conducted within the renlaining arras notdirectly impact(il by the NI i line Asbestos spill todetermine i I' aslxstos-containing dust/debris Naas spread to adjacent lorars. If aslxstos fibersare found within any other arras or ore building contents, tlley should be included in the scope of profoa;ional abatement slid dealltan'inatlon. The following Response actions mast be follow(d lar Colorado Reg. 8 wheu a ;♦floor Aslx,stos Rpill occurs • Restrict acess to the arra, and lint warning signs to plereat entry to the aroa by linsous other than those nearsslo•y to rrslxnul to the incident. • shut off or tengooraril Modify the air handling systom to o prevent tho distribution of asb(stc>s fibers to other aroae • Using certifier sulwn isons and certified Workers in aeeorchnce will' section It. (Certification Re(lnireulents) of this Regulation, sea all olanings between the contaminated and uncontanlioat(A areas and establish none-dote;t air prcssum within the contaminated area ill aecondlotee with paragraph 11I.d. (Air (leaning amt None-detert I)IINslnr levpnireuxents). This is to be accomplished using lalyetllylene sheeting to coyer arras such :is doorways, windows, elevatorolionings, rorridorentrancrs, grills, drains, gratay diffusers and skylights. • 11HPA vacuum or steam clean all carpets, drapxs, npbolstel;v, Incl other mon-Clothing fabrics in the contaaninatrd aeell, ordiseaul there materials. • Launder or discavl contunpnat it clothing in accoribloce wide subsmtion 11I.11. (Waste Il andIing). ■ MUM vaeuaa or wet clelw 811 surfrevs in the contanrimated area. • Discarvl all materials ill accolvlaoee with subsection 111.11. (Waste Ilaudl ing). • P'ollowpngeonnpletiouofsobpun'agrap11111.'IlLa.tbrooghlll.111.i.above,eonlplywithail.mmnitoringlrgoironlents AS demeribell in sulseTtion III.R (Clearing Abatement Projects); air sangdes shall be vollected aggressively IIS d(serilxvl in 40 C.KIt. Parti A, Appendix A to Subpart E (MPA 109.1), except that the air stream of the leaf blower shall not be dimet(vl at an) friable ACNI tirtrt rel hills in the turn and • Conlpl)' with ap otber measulvs deenxrl nnrssarr bS the Division to prvtei't public bealtll. I 1 1.I: 1111W IUD. Ala sangd(s containing trace amounts of aslxshx reiloim following tlIQSP feileral guidelines: federal worker protei4ion rel;olations (29 Cleit 1926.1101 and 40 Cleit 763); the National blmlissions Standtuels for lhuailons Air Pollatants (NESIIA), 40 Cleft (if Sobpiut Bl); the U.S. I+luviromilental ProtectionlIgene* (EP.A) Guidance for OnItrolling Asbestos - Containing 3loterials in Iloildings ("Purple Book, EPA .560 /ir85-(14); anal the Asb(stos 11i'MI•d Eillergenm' Response Act (,U ❑.RA, 40 CP91 i i Snbport I.). CbmphanoeSpecifirs— OSHA RqulatfoBs99CFR19ir .UVI Class I asbestos work — defineel by (ISIIA as activities involving tate willoval of Asbestos Containing Materials which aro 'I'SI or surfacing material. (lass 11 asb(sten wore: — defined br OSII.A as activities involving the mlnovaI of ACM which is not TS1 or SM. Class Irl asbestos wort: —defined b) OSTIA as repair and noliut(vancc opeleltions, where ACM 'I'll or SM is likely to be disturbed. OSIM re(uives the following (ata illiuinumn, the contmetorshonld tboronghl' review regulation): L Establishment of aregulated work area: miniulizes aee<ss to onatitborize(1 personnel, protpets persons outside Elmo aili)orIle asbestos exposo e and ir(priles the Ilse of Iv'spirntor5 inside of the W911 it(A 7nell (essentially it I ERk ri beir(i negative air plessn r e costa illment n eral). 2. gnpervision of the removal work by a competent person an pe'A trvl.i mel asbestos abatenneut sapemisor. 3. Workershandfing ACK shall be properly trained: training re(Iniivinents its stiplibiteil ill OSIlik regillations sp(x.ir.% n nlininumn of eight toms (8 Lc) training of regilim(l topics. �Interial tool Lauds -on training more closer} fits tbo EPA Operations and'laintouancc \Corkersixt(rll-tom (10 hr.) class. 4. Exposure monitoring of personnel: both eight - Lour (8 hc) TNCA (time weightevl average) and S'l'P.L (short term exposulr limit). This monitoring will eusoro that personnel tar wearing adeiloate respirator)- protection. 5. Properuse of engineering controls: nanivIN wet methods to control airborne aslxstos I'iltela, prompt clean up and disposal of debris in leak tight conhliuers, removal of material in au inhlet state (probibitvxl ase of liigL spee(l abrasive disc sines withont llEPA filtered exhlrust, prollibiteil Ilse of eonlpIlvssea air on MAN, probibit(sl by dr) sweeping, sbovelirng orother dre clean -lip uetbods). 0. Removal of ACM in an intact state to the extent feasible. i. If using wattling machines, they shall be eontinnomsly misted: daring Ilse, o n less n coulpetent person dcterm inns that misting decreases worker safety. Dost geuerat(vl by it power eath•r shall be enlla•ted by a I EPA vaennnt. 8. Asbestos containing material from a roof must be either hand can ud: or lowervil to the ground b% crane, hoist or in it dost -tight (.lute. 1). All waste shall be either wrapped and/or placed into a closed receptacle: in sock manner so as to prerlude the dispvndou of dnst 10. If working ou aroof. rvxd' level heating and ventilation air intake soulvvs shall be isolated (wnlexl) or the ventilation system slrut down. Other Requirements • Other appropriate PPPI as uec(ssttrv- • Inlplenlentation of it Respin itor;v Prot(Ttion Progrann (if mi -elan • Respirator pLvsienl exiuu for per'smnel (if iss"Cd negative puss liv respirator) AEC Itecouuuends a final visual and final air clearance nnonitoring alter the mnterinl hos been renewed. MWWI 19.0 CIOLORADO DEMOLITION AvrlvlTt 9 Section III.A.3 — Any asheshrs-containing material that is friable or will be made friable during demolition activitim ill I]]) e area of public access or non-public access area "'lust he mmocal prior to demolition. biemoyal, in acconlance with Regulation No. 8, is mquireil if the amount of asbestos-cot]tait]img material that is friable or will become friable during demolition exceeds the trigger levels. Per Cll11111A. Demolition Permit: Demolition of at building that has nom -friable asbestos -containing materials remaining must be eomplehnl without causing the aslxstos-eontaiait]g materials to 1M[•e111(' friable. Burning a building with any asbestos -containing materials is prorhibihd. Concrete 11)01s ('oyelYd With floor tie shall be removed in as large unctions as possible. 011erations such as ('cashing, faeunmtie jacking, etc. of materials eomtainiag asboste>h are not lieramitted. Recycling of materials, such as concrete or woad, that are lwndeol or eontaauinate ll with asbestos -containing materials Koch as their tile or mastic, is not lxe•mittenl. 13.0 LIMITATIONS This relourt describes the data collected and observations mole by AP]C during the visual inspection and bulk sampling in the above rel'emneed building. ABT represents that its serviees were lwrformcnl within the limits prosnribcrl by applicable irgulatiot]s, within scope of work as approyerl by the EPA and the State of (Morale and in It rnaamor consistent with the level of eam and skill oolinarilyexemis d brother professional consultants nmlersimilaa cireunastanees AEC accepts no mspxrnsibility for data collected, the recommendations made or to the eliout, and/or other counuitalents wade by liersms or firms other that] ANTI \o other representation is made to the client, expressed or implied, and no warranty or guarantee is included or intendevl. Thant: ,Noll for the oplxn•tunity to provide industrial hygiene servic<4;, if there are any tluestioas on this limited scope asbestos building it]spoctiot],Please contactANTb. phone or ennui. R(sli ctfull) Subaitted, AIDVARCSD MUOMIOTArL COBSMTMG %mchary Stubbs CABI - 96356 ATTACAMTM A PICTURES 2 Y - i A . i �¥ LU \ 2 )f 99 LL z U. a$ )0 § tJ 7 / I) u ¥§ C ak § / & ) co) cu 2 o } �§ \ { f \ D 2 $ 0 % § \ [ ) j ) \ ) 2| /)= 3 / \/ )) ± 0 tcN n-0 = G N 8 2 G 2 � < @ Reervoirs Environ mortal, he Reservoirs EnvimnmenmlOq Manu& E9 tw Otlober09,2= ptOApCILablReservgra Envlronm.Wl I Manual.Va RE� Reservoirs Environmental, inc. T November 16, 2020 Seth Kisselman Advanced Environmental Consulting 5800 Franklin St., Suite 101 Denver CO 80216 Dear Seth, Subcontractor Number: Laboratory Report: Project #/P.O. #: Project Description: RES 477859-1 Claudia Smith 3230 Oak St Reservoirs Environmental, Inc. is an analytical laboratory accredited for the analysis of Industrial Hygiene and Environmental matrices by the National Voluntary Laboratory Accreditation Program (NVLAP), Lab Code 101896-0 for Transmission Electron Microscopy (TEM) and Polarized Light Microscopy (PLM) analysis and the American Industrial Hygiene Association (AIHA), Lab ID 101533 - Accreditation Certificate #480 for Phase Contrast Microscopy (PCM) analysis. This laboratory is currently proficient in both Proficiency Testing and PAT programs respectively. Reservoirs Environmental, Inc. has analyzed the following samples for asbestos content as per your request. The analysis has been completed in general accordance with the appropriate methodology as stated in the attached analysis table. The results have been submitted to your office. RES 477859-1 is the job number assigned to this study. This report is considered highly confidential and the sole property of the customer. Reservoirs Environmental, Inc. will not discuss any part of this study with personnel other than those of the client. The results described in this report only apply to the samples analyzed. This report must not be used to claim endorsement of products or analytical results by NVLAP or any agency of the U.S. Government. This report shall not be reproduced except in full, without written approval from Reservoirs Environmental, Inc. Samples will be disposed of after sixty days unless longer storage is requested. If you have any questions about this report, please feel free to call 303-964-1986. Sincerely, by Piper-Lerwre Murphy Jeanne Spencer President �900�9W-t996 BB6�RE54ENV Not Logan SI, Sulle too, U., co WHte (wyµ•.,Nlab.com MIP,,erbs Wwm 9 U _Z J Q F Z o W 6 g Z O 0 O U Z F W to a O z Q' W N W W O N O g O W N 7 O O N J O N Z O s W O 'O m CO O s m d) m O M Z N O `o O F U K U) o d y s g c y O o C N v) o N V N N LU C« 0 M (� w W Eyom r m o z n u m D E 0 E a E Uuj a n ro m m y K Q z W U M W U) z IL vi O N O fA O N O O O J O N Q 2 O N c U U �p g zoo J a E m Z a c a oo � a a N a oE o E y o p U m U F X U U U F D CO O c O N O N O W N O O O N O O N Z O O W O OJ O CO O O d) O O M m c L O. E 0 U 0 0 3 c c O N O N O N O O O O O N Z w o m N c Qi E E O U =m 10 ° Z T' Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z N E .d. � C W O w N d Q � � Q c g ar a U) c O U a C_ d m n n a n a ❑ T � .O. � N f0 3 3 3 3 0 '0 3 a n 'o 00 t0 00 3 ' O 3 00 o _ m '� o `0 En E 'o E a E 0 3 a c -0 a E U N UU anzad ... 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W '(p!n6!l-4PN'P!n,!,) Ha'(WZbnI bHSO'aempo^ d'+eleM alL N y 'EOEL)IalaW!p^W'(aempma yaleM alaeM'OZOL'Z90L)FIUO Peal ZROL)AIUOPeW � WIs)alFleuy�sltli3W S [ [ t O ................................................................................................. ................... alPwpsaa tel^.....:.....:.....:.....:..... rasnm ....................................................................................................................... .....:..... ......:..... :..... VHso'EODVL'bppne-WOd ....................................................................................................................... e+a4tl Pa!IIPOW BatlO''P Nlna'+aleM 6ul9uyn'+aleM alaeM'Plagle, '96LEl 'ZLEOL N O f •••••>•....i.....:.....v..... i ' OSI OSI'Il lanai aleweA'Z06C HSOIN'IPaplryenO+o q.)atllM '(Pal4uanO+oyd>anomryy'(Pa9!luenO+o-NI'V83HV W31 ........................................................................................................................ W t SEeaaV9'VPaaa 6u^l' u,.,v-4S -Wla m Q ........................ x j x x x i x o o m a c a o u m LL g Ci p 10 M W p m T �a o w O i L F O m i a N o ❑ o o c m p Z a E= E Y^ p m m L 9 Z Z E Y W ¢ ¢ ¢ u O < O ll y ¢ m T M a F F y Z K Y m N rr m 2 ami O O g w a rc rc > a!! x p x rc rc h p a rc rc d¢' K K ¢ w d K w m m J E l0 W m Q >> 0 Z O U K = f. b E 2 a C OF a F N OJ C ❑ m F _ E m U N m m¢ O c m x c m 6 Q 6 m mm N J °• 2 d U N y O m Q U O i O g j i 2 H U S ro a n i 0 EE �m -. DBWLllryumm NlydiaNeAh' - Neemmm:m. . ASBESTOS CONSULTING FIRM Advanced Environmental Conxulnng, LLC Wvia:r.:Juv M:.: ACG-.J6aJ A 1%mu�ln.':1n Y Inns c stiow. ple.o-e. Coplm.dd. cv:mlPr Certificate of CompCetion Zachary Stubbs hn nivmalWlYwmple Idl:.wnufuuxu.J.WNv,miviremnhN W:Jv.vanm ]OJNJC Tuxm 6uklvm<ConneIMITIV:Aj, ii@II aDUILDING RYFPF(TGY' a..xa�a Jrwy a.2mo 4rW::nM px: NA [mlAv ttw: [O.nl3}la� Y.ryln, In:nla nuy..Nl.nnY L.MI A7TA(�[! E CERT FICATIONS Inpn�x urr(^-M�ltdael4hlu1e:4urL M91MnJ9ip,iy:: .VmiJu ASBESTOS LABORATORY- 'n.rt:mirxvY¢ Advanced Environmental Comultm&LLC a,1W Ill. II, AL -211974 1Iv'rcJ7CwX:w ltl'I J u ca". lxeenkrlX 9N - �� J waadalk;rxrmunt aON,WicF 9ndem;mma., ASBESTOS CERTIFICATION* this ceniEa dut ' 7.ach Stubbs Cerfilu'atioa No.: 35336 hen InIt th, ne,i mme of 2S7-50$ C.R.. ad AwQmllly Cooml Canclaiw Reyalulinn No. O,PJn B, and iaheely W:difiW by Wa uae orcolomen ;,, me rosowmg ai9�;r,Ru: TduBding InspcctDr° leei Pamine' an. 2W. Cxpia. Pe6ra.12% 2031 .nvumn�ryam:nwWmxmw. rtvmymuw: 1 ' Ems�rvanEnnoo� - . ON SITE PLANS ""°` W heat Ridge all work shall comply, MUST BE ON SITE FOR INSPECTION eOMMOMnY urveree•merrr with 2018 irc, 2018 — gLLprol.csaare + { APPROVED lecc, 2020 nec, Subleat to Fleltl lnaoectl Reviewetl(tlr Code Compliance Colorado plumbing 259 BRANDON F 12/7/2020 code and wheat "'r�� '°''� Plans Examiner Date vxum,ors mm nmu,w..al rpmmXm ggoMa/P�sw«/�uXen ridge city 1297 Xm a�mXo me oo»mmmm� .or.« maoX MY a me NO A"s a m. anmy Body am and�a. recons am endments�� atWm"vmtuttmmmrmwmr xpoumreJrMwWp t, r• mar annwanaensWmrurvswu.wa.tu AREA OF REMODEL LING ROOM FREEGWITCHING TOTALAQUARE FOOTAGE OF REMODELS13 GO FT TOALAUAR FOOTAGE BEEN BEEcmcnKoseCLALANAGMITEco®mKITCHEN c Er�Ewnrvr 1774 REGIDENCEh aP4 v#gVicess*gseED ucnnrv*crvs-4 I LED wnE 0 E,.RIoseBEEF W FELL CRACKER0 PErvna,. LIGHTING All dimensions _size designations given are subject to verification on job site and adjustment to fitjob conditions. CLAUDIA BASEMENT This is an original design and must not be an or copied unless 20 20 applicable fee has been paid or job L order placed. All Designed: 11/18/2020 Printed: 11/18/2020 #: 1 No Scale. r AREA OF REMODEL LING ROOM AREAGWITCHING TOCALGOUARE FOOTAGE OF REMODELS13 GO FT UARFOOTAGE 3230 wncmcnKoseEco®mKITCHEN c Er�Ewnrvr 1774h aP4 v#gVicess*gseED ucnnrv*crvs-4 I LED wnE,.nIose co®m,DEEP W FELL AVE 0 PENDANT LIGHTING All dimensions _size designations given are subject to verification on job site and adjustment to fitjob conditions. CLAUDIA BASEMENT This is an original design and must not be released or copied unless 20 20 applicable fee has been paid or job L order placed. All Wheat Ridge Designed: 11/18/2020 Printed: 11/18/2020 #: 1 No Scale. X Dimplex@ IgniteXLTM 50" Linear Electric Fireplace XLF50 IgniteXLTM stands apart as more lifelike and visually stunning than anything that came before it. With new, patented flame and heat technology, IgniteXL transforms the look and feel of any room. Installation is simpler and more flexible than ever, making the possibilities almost endless. Enjoy flawless panoramic views that ignite the senses from any angle. Building Divisor isnirL xr X Dimplexa igniteXLTM 50" Linear Electric Fireplace Built-in display and touch controls 12 - Color Themes Accessories IsnITEXE XLF50 Features ohMulti -Fire XD'" Flame Effect Vivid flames that are brighter and more lifelike day or night. © Less Frame, More Flame Clean front face with minimal trim makes the dazzling flames the focal point. fl Comfor4aver'" Heating System 1s-srs^ U Safe ceramic heat, plus 11 % energy 39.6 cm savings, warms up to 1,000 sq. ft. Media Accent Colors Choose from a variety of brilliant color themes or cycle through a range of colors using the custom mode, freezing on the hue of your choice. 5-7/e° 14.7 cm L: 50" Driftwood and River Rock Accessory Package (LF50DWS-KIT) 120 Volts 1,500 Watts 5,118 BTU 240 Volts 2,500 Watts 8,530 BTU �F50 50' lgnfteXL Linear 73.4/33.3 781062098725 2yr. ' aecbn nreplace 563/8x21 -0/4z12 143.2x54.0 z30.5 8.3 0.2 LF501DW5-KIT Rock Accessory ge 7.0/3.17 781052102842 34 -1/4x5 -7/8x8-1/8 87.2 x 14.96 x 20.57 0.94 0.02 Rock Accessory ftwow d River XLFfAIM50 Linear Electric L1gNtexLer Kit 7.7/3.5 7810521079M 563/4 x 3.5/8 x 63/4 140.0 x 9.3x 17.5 0.83 0.02 FJe specifications, finishes and dimensions are subject to change. United warranty. 02017 Dimplex North Amenca Limited. 1+.q Edgeless Design Installs without trim to stone, brick and other solid finish materials; includes trim for drywall and tile surfaces. �Precision Thermostat — Electronic thermostat maintains room temperature within 1/2°C (1 °F) for perfect comfort and increased energy efficiency. J, Built-in Touch Controls Settings and temperature display are hidden when not in use. Heat Boost Quickly warms a room by delivering maximum heat output for a pre -determined amount of time. OMood -maker Remote Customize the light color and intensity for a fireplace that reflects your personality. Flush Installation Fully recess in 2x6 wall and direct wire for a seamless installation. Use optional trim kit for installtions in 2x4 wall. 0 Cool -touch Glass V Glass remains nnnl makinn it caf. fnr children and Dimplex North America Limited 1 1367 Industrial Rd., Cambridge ON, Canada N3H 4W3 1 1-800-668-666 City of Wheat Ridge X Dimplex" igniteXLTM 50" Linear Electric Fireplace Product Dimensions: 50.1/4" (127.7 cm) City of Wheat Ridge FRONT 15-5/8, 5-7/8" (14.7 cm) SIDE XLF50 Framing NOTE: The bottom sill needs to be a minimum of 4" (10.2 cm) deep. The sill can be constructed to support the front of the unit to allow the power supply wires to easily be run behind or flush with the Dimensions back of the unit and a pass through hole drilled for electrical wire routing. It is recommended that the bottom of the unit be mounted between 30' (76.2 cm) and 40" (102 cm) from the ground to maintain an optimized viewing angle of the flame. ;m m Dimplex North America Limited 1 1367 Industrial Rd., Cambridge ON, Canada N31-1 4W3 1 1-800-668-6663 1 www.dimplex.com City of Wheat Ridge E -Res. Furnace Replacement PERMIT - 202001849 PERMIT NO: 202001849 ISSUED: 09/16/2020 JOB ADDRESS: 3230 Oak St EXPIRES: 09/16/2021 JOB DESCRIPTION: Installing 110k BTU, 96a efficiency gas furnace in basement and 4 ton, 16 seer A/C in backyard. *** CONTACTS *** OWNER (300)237-3419 SMITH KEVIN C SUB (303)466-4209 ROSALIE COOPER 018111 COOPER HEATING & COOLING *** PARCEL INFO *** ZONE CODE: UA / Unassigned USE: UA / Unassigned SUBDIVISION CODE: 2403 / APPLEWOOD VILLAGES, PROSPECT V BLOCK/LOT#: 0 / *** FEE SUMMARY *** ESTIMATED PROJECT VALUATION: 11,383.00 FEES A/C Replacement 60.00 Furnace Replacement 0.00 Total Valuation 0.00 Use Tax 239.04 ** TOTAL ** 299.04 *** COMMENTS *** *** CONDITIONS *** Both the front and back of this permit are required to be posted on the job site at all times. If the complete permit is not present, inspections WILL NOT be performed. Work shall comply with 2018 IRC & 2020 NEC. Smoke alarms shall comply with 2018 IRC Section 134. Interior alterations, repairs, fuel -fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes. � 4 r City of Wheat Ridge E -Res. Furnace Replacement PERMIT - 202001849 PERMIT NO: 202001849 ISSUED: 09/16/2020 JOB ADDRESS: 3230 Oak St EXPIRES: 09/16/2021 JOB DESCRIPTION: Installing 110k BTU, 9696 efficiency gas furnace in basement and 4 ton, 16 seer A/C in backyard. I, by my signature, do hereby attest that the work to be performed shall comply with all accompanying approved plans and specifications, applicable building codes, and all applicable municipal codes, policies and procedures, and that I am the legal owner or have been authorized by the legal owner of the property and am authorized to obtain this permit and perform the work described and approved in conjunction with this ermit. I further attest that I am legally authorized to include all entities named within this document as parties to the work to be performed and that all work to be performed is disclosed in this document and/or its' accompanying approved plans and specifications. Signature of OWNER or CONTRACTOR (Circle one) Date 1. This permit was issued based on the information provided in thepermit application and accompanying plans and specifications and is subject to the compliance with those documents, and all applicable statutes, ordinances, regulations, policies and procedures. 2. This. permit shall expire 365 days after the date of issuance regardless of activity. Requests for extension must be made in writing and received prior to the date of expiration. An extension of no more than 180 days made be granted at the discretion of the Chief Building Official and may be subject to a fee equal to one-half of the originalpermit fee. 3. If this permit expires, a new permit may be required to be obtained. Issuance of a new permit shall be subject to the standard requirements, fees androcedures for approval of any new permit. Re -issuance or extension of expired permits is at the sole discretion of the Chief Building Official and is not guaranteed. 4. No work of any manner shall be performed that shall results in a changeof the natural flow of water without prior and specific approval. 5. The permit holder shall notify the Building and Inspection Services Division in accordance with established policy of all required inspections and shall not proceed or conceal work without written approval of such work from the Building and Inspection Services Division. 6. The issuance or grat4igg of a permit shall not be construed to be a permit for, or an approval of, any violation of any provision of any ap��Ticable code or ordinance or regulation of this jurisdiction. Approval of work is subject to field inspection. Signature of Chief Building Official Date REQUESTS MUST BE MADE BY 11:59PM ANY BUSINESS DAY FOR INSPECTION THE FOLLOWING BUSINESS DAY. City of Whpat Riugo VY/�6/2O2U 14�21 CD8A CVA023392 AHOUN7 ��SP 323O Oak S� 29Y,D; AP�L/PEKMIT K0, 2O2GO1849 PAYMEhT REC[JVEU AMOUN7 AUT; CO8[� 8)3O1898 TDTAL 299.O4 Dina Kemp From: no-reply@ci.wheatridge.co.us Sent: Tuesday, September 15, 2020 3:03 PM To: CommDev Permits Subject: Online Form Submittal: Air Conditioner/Evaporative Cooler Permit Application Categories: Dina Air Conditioner/Evaporative Cooler Permit Application This application is exclusively for AIR CONDITIONER OR EVAPORATIVE COOLER. YOU MUST ATTACH THE ELECTRONIC PAYMENT FORM IN ORDER FOR THE PERMIT TO BE PROCESSED. Your Permit will be emailed to the email address provided below once it is processed. THIS APPLICATION DOES NOT CONSTITUTE A PERMIT. DO NOT BEGIN WORK UNTIL PERMIT HAS BEEN ISSUED. PROPERTY INFORMATION Is this a new install or replacement for an existing AC unit? Is this Residential or Commercial? Property Address Property Owner Name Property Owner Phone Number (enter WITH dashes, eg 303-123-4567) Property Owner Email Address Attach City of Wheat Ridge Electronic Payment Form - **DO NOT ATTACH A PICTURE OF A CREDIT CARD** Replacement of Existing Unit Residential 3230 Oak St. Claudia Smith 303-237-3419 claudiaasmith@comcast.net 32300 Oak St cc auth form.pdf CONTRACTOR INFORMATION 1 Contractor Business cooper heating Name Contractor's License 018111 Number (This is a 5 or 6 digit number for the City of Wheat Ridge) Contractor Phone 303-466-4209 Number (enter WITH dashes, eg 303-123-4567) Contractor Email Address kdaniels@coopergreenteam.com Retype Contractor Email kdaniels@coopergreenteam.com Address DESCRIPTION OF WORK What type of replacement Air Conditioner unit are you installing? How many tons is the 4 unit? For AC - what is the 16 SEER? For Evaporative Coolers, what is the CFMs? Where is the unit located backyard (for example, rooftop, backyard on ground etc)? Is electrical needed for re- Yes hook? Provide Electrical 018111 Contractor's Wheat Ridge License No. Project Value (contract 6370 value or cost of ALL materials and labor) SIGNATURE OF UNDERSTANDING AND AGREEMENT I assume full Yes responsibility for compliance with applicable City of Wheat z Ridge codes and ordinances for work under any permit issued based on this application. I understand that work Yes may not begin on this property until a permit has been issued and posted on the property. I certify that I have been Yes authorized by the legal owner of the property to submit this application and to perform the work described above. I attest that everything Yes stated in this application is true and correct and that falsifying information in this application is an act of fraud and may be punishable by fine, imprisonment, or both. Person Applying for Kathi Daniels Permit Email not displaying correctly? View it in your browser. Dina Kemp From: no-reply@ci.wheatridge.co.us Sent: Tuesday, September 15, 2020 2:58 PM To: CommDev Permits Subject: Online Form Submittal: Furnace/Boiler Replacement Permit Application Categories: Dina Furnace/Boiler Replacement Permit Application This application is exclusively for RESIDENTIAL REPLACEMENT FURNACE or BOILER - LIKE FOR LIKE ONLY. YOU MUST ATTACH A VALID CREDIT CARD AUTHORIZATION FORM IN ORDER FOR THE PERMIT TO BE PROCESSED. Your Permit will be emailed to the email address provided below once it is processed. THIS APPLICATION DOES NOT CONSTITUTE A PERMIT. DO NOT BEGIN WORK UNTIL PERMIT HAS BEEN ISSUED. Is this application for a Yes replacement residential furnace or boiler like for like? PROPERTY INFORMATION Is this Residential or Commercial? Property Address Property Owner Name Property Owner Phone Number (enter WITH dashes, eg 303-123-4567) Property Owner Email Address Attach City of Wheat Ridge Electronic Payment Form - **DO NOT ATTACH A PICTURE OF A CREDIT CARD** Residential 3230 Oak St. Claudia Smith 303-237-3419 claudiaasmith@comcast.net 32300 Oak St cc auth form.pdf 1 CONTRACTOR INFORMATION Contractor Business Name Contractor's License Number (This is a 5 or 6 digit number for the City of Wheat Ridge) Contractor Phone Number (enter WITH dashes, eg 303-123-4567) Cooper Heating and Cooling 018111 303-466-4209 Contractor Email Address kdaniels@coopergreenteam.com Retype Contractor Email Address DESCRIPTION OF WORK kdaniels@coopergreenteam.com What type of unit is being Furnace installed? Number of BTUs What is the efficiency (%) of the unit? Is the unit GAS or ELECTRIC? Where is the furnace or boiler located (for example, basement, crawlspace, etc)? 110000 96 gas basement Project Value (contract 5013 value or cost of ALL materials and labor) SIGNATURE OF UNDERSTANDING AND AGREEMENT I assume full Yes responsibility for compliance with applicable City of Wheat Ridge codes and ordinances for work under any permit PJ issued based on this application. I understand that work Yes may not begin on this property until a permit has been issued and posted on the property. I certify that I have been Yes authorized by the legal owner of the property to submit this application and to perform the work described above. I attest that everything Yes stated in this application is true and correct and that falsifying information in this application is an act of fraud and may be punishable by fine, imprisonment, or both. Person Applying for Kathi Daniels Permit Email not displaying correctly? View it in your browser. INSPECTION RECORD INSPECTION ONLINE FORM: http://www.ci.wheatridge.co.us/inspection INSPECTION REQUEST LINE: (303) 234-5933 Occupancy'T�,)e Inspections will not be performed unless this card is posted on the project site. **Request an inspection before 11:59 p.m. (midnight) to receive an inspection the following business day.** Inspector Must Sign ALL Spaces pertinent to this project Foundation Inspections Date Inspector Comments Initials Pier Wall Sheathing Concrete Encased Ground (CEG) Foundation / P.E. Letter Mid -Roof Do Not Pour Concrete Prior To Approval Of The Above Inspections Underground/Slab Inspections Date Inspector Comments Initials Electrical Sewer Service Plumbing Do Not Cover Underground or Below/In-Slab Work Prior To Approval Of The Above Inspections Rough Inspections Date Inspector Initials Comments Wall Sheathing ,�✓' Mid -Roof Lath / Wall Tie Rough Electric Rough Plumbing/Gas Line Rough Mechanical Rough Framing Rough Grading Insulation Drywall Screw / Nail Final Inspections Date Inspector Initials Comments Landscaping & Parking / Planning Dept. Inspections from these entities should be requested one week in advance. For landscaping and parking inspections call 303-235-2846. For ROW and drainage inspections call 303-235-2861. For fire inspections contact the Fire Protection District for your project. ROW & Drainage / Public Works Dept. Floodplain Inspection (if applicable) Fire Inspection / Fire Protection Dist. Final Electrical Final Plumbing Final Mechanical Roof Final Window/Doors Final Building NOTE: All items must be completed and approved by Planning, Public Works, Fire and Building before a Certificate of Occupancy is issued. Approval of the Final Building inspection does not constitute authorization of occupancy. *For low voltage permits — Please be sure that rough inspections are completed from the Fire District and electrical low voltage by the Building Division. Occupancy Is Not Permitted Until A Certificate of Occupancy Is Issued Protect This Card From The Weather i CITY OF WHEAT RIDGE Building Inspection Division (303) 234-5933 Inspection line (303) 235-2855 Office • (303) 237-8929 Fax INSPECTION NOTICE Inspection Type: If4 0 Job Address: 3 C) U t' .S-L Permit Number: --T 0 7 U 33 3 > ❑ No one available for inspection: Time O/PM Re -Inspection required: Yes I* When corrections have been made, call for re -inspection at 303-234-5933 Date: 71? T- Inspector: KX DO NOT REMOVE THIS NOTICE i CITY OF WHEAT RIDGE _A Building Inspection Division �' (303) 234-5933 Inspection line (303) 235-2855 Office • (303) 237-8929 Fax INSPECTION NOTICE Inspection Type: waf) Job Address: 3 2 3 0 Uq k Permit Number: 1 OIZQ �33cY ❑ No one available for inspection: Time0 ;w/PM r4r Re -Inspection required: jYos No 1 lV1 When corrections have been made, call for re-rinspection at 303-234-5933 Date:712 Inspector: 1"�- r— DO NOT REMOVE THIS NOTICE i CITY OF WHEAT RIDGE _A Building Inspection Division �' (303) 234-5933 Inspection line (303) 235-2855 Office • (303) 237-8929 Fax INSPECTION NOTICE Inspection Type: waf) Job Address: 3 2 3 0 Uq k Permit Number: 1 OIZQ �33cY ❑ No one available for inspection: Time0 ;w/PM r4r Re -Inspection required: jYos No 1 lV1 When corrections have been made, call for re-rinspection at 303-234-5933 Date:712 Inspector: 1"�- r— DO NOT REMOVE THIS NOTICE i CITY OF WHEAT RIDGE Building Inspection Division (303) 234-5933 Inspection line (303) 235-2855 Office • (303) 237-8929 Fax INSPECTION NOTICE Inspection Type: If4 0 Job Address: 3 C) U t' .S-L Permit Number: --T 0 7 U 33 3 > ❑ No one available for inspection: Time O/PM Re -Inspection required: Yes I* When corrections have been made, call for re -inspection at 303-234-5933 Date: 71? T- Inspector: KX DO NOT REMOVE THIS NOTICE I = CITY OF WHEAT RIDGE Building Inspection Division (303) 234-5933 Inspection line (303) 235-2855 Office • (303) 237-8929 Fax INSPECTION NOTICE Inspection Type: D_ Job Address: `�C 3 W! It � -- Permit Number: ❑ No one available for inspection: Time I". //AM/PM Re -Inspection required: Yes ��No/ When corrections have been made, cd 1 for re -inspection at 303-234-5933 7 �I Date:i,' P� �' Inspector: DO NOT REMOVE THIS NOTICE C. 'ity Plan # Building P Perm # . 7500 W. 9" ., W heat R idge, , 8003 Cite License # City License # City License NA Contract Value: t tC4— e ►. .�� Roof Dead Load = 7 psf (MPI) 7 psf (MP 2) Roof Live Load = 17 Psf (MPI) 17 PSf (MP2) Ground/Roof Snow Load = 30 psf Risk 6 WIj N HIS 1 knit 11rau ]a 0211 01111116111 ]al L, .11 1 tills • MMM= Z= Yoo Civil Engineer Main: 888.765,2489, x5743 email: ykim@solarcity.com APPROVED Subject to Field Inspections Wheat )-�idge BkiHding Dept. Date: e?ielv Plan cite , l '%i"'SolarCity S'�n Nla"P'0 ("A. 9,1402 Wheat Ridge Building Department proved DANT August 30, 2013 ILDI L Validity of permit: The WNW= d a pernfit or 49mal Of Plans, sPPdficob(ins Prat fob # 8002510 and computations shall not be a permit for, or an aWoval of, any violation to any of the provisions of the building code or of any City ordinances, RE: COVER LETTER Peirltits presuming to give autluxity to violate or cancel the provisions of the Wilding codes or other ordinances of the City shell not be vafid, Project: Smith Residence Work shall, comply with the 3230 Oak St Wheat Ri dge, CO 80033 ll foo wiii g c odes 0 C, 0 206IR 206 IEC(",'& 2005 NEC, To Whom It May Concern, A jobsite survey of the existing framing system was performed by an audit team from SolarCity. The attached structural calculations are based on site observations and the design criteria listed below: ►. .�� Roof Dead Load = 7 psf (MPI) 7 psf (MP 2) Roof Live Load = 17 Psf (MPI) 17 PSf (MP2) Ground/Roof Snow Load = 30 psf Risk 6 WIj N HIS 1 knit 11rau ]a 0211 01111116111 ]al L, .11 1 tills • MMM= Z= Yoo Civil Engineer Main: 888.765,2489, x5743 email: ykim@solarcity.com APPROVED Subject to Field Inspections Wheat )-�idge BkiHding Dept. Date: e?ielv Plan cite , l cjz) - --------- ----------- PV M , ei ht cjz) ip�pqpqiqii Olm sm ., — - » � * x r xl * IV� ♦ �� P E xpo sur e CIMMM2���MMC mm » y �4��� ply ` �� x.x. MIN » x Directionality Factor . Pv bi Dead Load 'Velocity Pressure I i s ■ ., — - » � * x r xl * IV� ♦ �� » 1 x 1! » CIMMM2���MMC mm » y �4��� ply ` �� MIN ■ » � * x r xl * IV� ♦ �� » 1 x 1! » a » y �4��� ply ` �� MIN » x . Pv bi Dead Load ■ 6 BONNE= # 2x4 24 in. O.C. Miscellaneous Items I M 94 a ;Sloped Roof Reduction q , E� Mzl� !Suifa o'f un ding 111 All Other Surfaces - JI Figure 7- k o of ,Ground Snow Load ----------- now Im rtance Factor Snow Thermal Factor All structures except ind! Ta iY 7-3 1.0 A . # 'Flat Roof Snow Load p 01 (C (C (1) pg; p �t pf-min Eq: 73-1 30.Ovd 100 , E� Mzl� !Suifa o'f un ding 111 All Other Surfaces - JI Figure 7- k o of NA ----------- Surface Condition of PV Mod ules --- 111 Unobstructed Slippery Surfaces NA 1". M. N Rv „i 0`0-0 Cf i%^0 'r- . - _._._._..�..� .. .... ... ....... . ....... , .....,,.......,, . . . «, ....�:�... ,,...,,,.. .. ..... ._....,. p. 9-4-11 1845 28-2-0 ..,_ .. ...�,<,.. _._.. ...,...,,�,,,... tw..__...e ading Ceueral CSI Summary Deflection U (loc) Allowed t...l dr fig lik% C'�aa #e.• %%§l:'. 0091 "re;. S.(!f +(Y -zz 4fix "fR. #).;%A ✓rs 1.f 867 a -l) Lt Mb i oofsw -,w Er }; ;< >tesd 7R"i 1.2007 8C 074 (8 . It" 111, it.i7 en L1 (5 L. 2413 `TCCA.: 7eMke') RxT« 4#sx fa,wc a:c^ ti% F1iA +: df.2x (2 W. T"E.: €l.07 in g 8CLL.: t} [3,C >.L ! Ii % t'nV ka'x or, kes 73 Reaction Summary 1"G" T ,u T# .fkateixta N ¢ iWi q# WOW RIld am Ak tk Skaa RM11 "AA Cwxr llUff MU NIdW'P'P" UPU Mu C&C L` mh t NU, U fiP bu,c Narerx A Fi¢ 4`ilhktt} I ? S nx C'Mxrx,ax•Eudmcia 2 l.tut ➢„(G9 Shs .. $ iC Rnl4 OVA) 2A 1 ur 1,317 IN Material Summary Tc SPE 02 1 a 4 Be "; 02 2 A 4 Wl§as SPY P2 2 x 4 Bracing Summary $SC.° Oming, Moadmi ox Purh, is 10AW, Pudm dwpI b) ahc1S. I) 7h,s mess hx', bcess <lrsi'!aC firr dxa e14yx,� ,xf a baiaaairrst d %kma�e Sntati° ht,�9 SD''§ � 3U Px!)#ar ktp�`tvti txo a��tt %�tceweth hSC"E"7 -6S a°tlx�i sc nnttvl, erNh tStez fialfitaanrpaxes' aYuSucx9 eapote ?E) pvFppm)rxa:<& se+cew &s wt {}k'A 'NOTEa AU flxAk)pbd AIM Own deuwhm :proms Mrd Ow P"old sseuw k'xf ha+busce Oval R" the ",fseaaw teamt ON - Va % Ot - 2ry 41,ae mess 1a nas t+rlxa c %t'sivuA Rar thet d3axs of.,IbmPwwW w. WA, 31 Thos Uuuc hats t *ewe dcxzpr v;! Aartheci&css anf'i'C yL,,A 34§ pn:d aD F.•9u,ienXnx suat�,u1 tntic Naadanp m mxxvril+xcua a %ix iYdC +la k6d?.3 @ax a.si bck #X PRicxt 5) tsa taxaml axccwrtb WC We 1607 ), taminatn @x F3CIV, de w sppty, aid t: w DJ: Std F.Ddxtti t..( i 1,D75$ntued B.CadLs Mlta 1.txaaiaaa f 11"'akvn 2 CDIMI.. s naafi staet U'Ad 5W ixsxal 'rob 14Ca9th lop $.!S t i.2.{➢ DDsDi4'tY S ... 1 3 Pst 24 S1t er Forces Summary TaMe nednwa: •tv%ld,ce P, oub CSl, ow, axial fiwv, (nos ca t rx Carta- ifdittsasat W. ft. axial p -a 0.095 K8I 12 -s 0,726 4,MO1b, 14:5 O.M -.2,017 W, t)WTacn T§ finaehavhcana° laessss# iryltriiit) �a+ narasccuxsyraxxwn, tlxo-% xP1 ttrF" incexmttMc4ha ;lPcs "iPdl�2ttt3st§32s %bansxa2. 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Atrs Satce,;:S tea t n.S d a': t [w °a kaud at da w. a th to Si t §2 a IXt iY ti` at ap*}il'" fm da.4X'ikYX:iRI # kww ekti #n n x lFa uv;e ut aeln taarb ds a ai'�,4m +3ex sq;. arnt iiW:. ,.�, spacY4Y, enaeenn x"sei,ed a.a RiTili F'PS F e hsFCe. x AXa c,auw •a+ra f+Saecs 4mft @+: ntaue>Latci and Xay ntcufxc.x dtaue4 Dne ivvza(wtYay 1aa. zm mua.(rr4a a.0 xtth A, `•� at nkS ..axixr,a,v Xda•.tx aav «z pc of —rke., ,,6fi u lti %a +e a T .. irotl,. Fpa .1b" t @ etta#a..aA.s am 36 q av ydaCe. .axw easy JX4' • MMAO =1 WoodWorks Sizer 10.0 Load Type Distribution Pat- Location [ft] Magnitude Unit tern Start End Start End 55 Loadl Dead Full Area 7.00 (24.0)* 00 .0)* Psf Load2 Snow Full Area Yes 30.00 (24.0)* '2 psf Load4 Dead Partial Area No 3.00 9.92 3.00 (24.0)* sf arioutary wiatn �in) Maximum Reactions (Ibs), Bearing Capacities (Ibs) and Bearing Lengths (in) 0 1 1 1_ 2 " N N Unfactored: Dead 55 141 48 Snow 202 383 162 Factored: Total 257 524 210 Bearing: FItheta 518 518 518 Capacity Joist 3011 1.457 1166 Supports 4101 1758 - Anal/Des Joist 0,09 0,36 0.18 Support 0.06 0.30 - Load comb #5 #8 #7 Length 3.50 1.50 1.50 Min reqld 0.50* 0.45** 0.50* Cb 1.11 2x25 1.00 Cb min 1.7• 1.75 1.00 Cb support 1.25 1.25 - Fc SUD 625 625 4 a I a# # I MP2 Lumber-soft, No.IINo.2,2x6 Supports: 1,2 - Lumber Stud Wall, D,Fir-L Stud; 3 - Hanger', Roof joist spaced at 24.0" c/c; Total length: 14'-3.4"; Pitch: 7/12; Lateral sumort: tou= full bottom= at surmorts, Re2etitive factor: agilied M! ,ere,*_ frefer W N Qum am Analysis vs. Allowable Stress (psi) and Deflection (in) using NDS 2012: 0.05 = <L/999 0.06 = <L/999 fV = 40 Fv 1 = 155 fb = 380 Fb' = 1504 fb = 475 Fb' = 1481 0.05 = <L/999 0.06 = <L/999 0.18 = L/90 0.27 = L/60 0.46 = L/180 0.68 = L/120 0.18 = L/90 0.27 = L/60 ___ ------------ ___. aixEL!/Deli n fv/Fvl = 0.26 fb/Fbl = 0.25 fb/Fb' = 0.32 Additional Data: FACTORS: F/E(psi)CD CM Ct CL CF CfU Cr Cfrt Ci Cn LC# Fv 135 1.15 1.00 1.00 - - - - 1.00 1.00 1.00 2 Fbl+ 875 1.15 1.00 1.00 1.000 1.300 1.00 1.15 1.00 1.00 - 7 Fbl- 875 1.15 1.00 1.00 0.984 1.300 1.00 1.15 1.00 1.00 - 8 Fcpl 425 - 1.00 1.00 - - - - 1.00 1.00 - - Ef 1.4 million 1.00 1.,00 - - 1.00 1.00 - 7 Emin' 0.51 million 1.00 1.00 - - - 1..00 1.00 - 7 CRITICAL LOAD COMBINATIONS. Shear : LC #2 = D+S, V 253, V design = 221 lbs Bending(+): LC #7 = D+S (pattern: SsS), M = 239 lbs-ft Bending(-): LC #8 = D+S (pattern: sSS), M = 299 lb -ft Deflection: LC #7 = (live) LC #7 = (total) D=dead L=live S=snow W=wind I=impact Lr=roof live Lc=concentrated E=earthquake All LCIs are listed in the Analysis output Load Patterns: s=S12, X=L+S or L+Lr, pattern load in this span - =no Load combinations: ASCE 7-10 / IBC 2012 CALCULATIONS: Deflection. EI = 29e06 lb-in2 "Live" deflection = Deflection from all non-dead loads (live, wind, snow...) Total Deflection = 1.00(Dead Load Deflection) + Live Load Deflection. Bearing: Allowable bearing at an angle FItheta calculated for each support as per IDS 3.10.3 0 ^ ARRAY \d� ,. PITCH: 3 A &! MATERIAL- ,» ».. °4!< Stones j d » «4 ARRAY P d./ AZI MUTH : . 40 , -RA :80 MATERIAL: Como Shinqle STORY. \ Stories n 2.@ �.. (E) UTILITY METER & WARNING LABEL INVERTER W/ INTEGRATED DC yd# 1 " JB - 8002510 $ $ $ R \ ©, \ \Comp M nt \ 0 OA \$d ■ © #? , ,: � »■ ■$$\: < < a 7� »2 ? , :«% ». zz \ A � ®< ■ « #: 720) 66 6 .. wl �.\; «« . v2 ®^ 2 <4 ;3 9 PV MODULE 5/16 BOLT WITH LOCK & FENDER WASHERS ZEP LEVELING FOOT ZEP ARRAY SKIRT RAFTER: (E) 20 0 24" O . CEILING JOIST. (E) 20 0 24" O C. MAX SPAN: 7•-9 MAX STANDOFF DISTANCE: 72" O.C. — PV MODULE 1 BOLT NTH LOCK & FENDER WASHERS ZEP LEVELING FOOT ZEP ARRAY SKIRT RINI' mom3wim ffmxurlff�� SMITH, KE\AN 3230 OAK ST WHEAT RIDGE, CO 80033 INSTALLATION ORDER LOCATE RAFTER, MARK HOLE LOCATION, AND DRILL PILOT HOLE u 1 m oil gm" a m- • W MAXIMS — ------------------- INSERT FLASHING. PLACE MOUNT. I INSTALL II-- No W, I I INSTALL LEVELING FOOT WITH BOLT & WASHERS. SMITH, KE\AN 3230 OAK ST WHEAT RIDGE, CO 80033 RAFTER: (E) 2x6 0 24" CEILING JOIST. (E) 2x4 0 24" O.0 MAX SPAN: MAX STANDOFF DISTANCE: 72 O.0 Eric 4b no Vat DATE PV 3 9/3/2013 11 (.,F —SIDE VIEW OF MP2 B STANDOFF Scale: 1 1/2" =1i LOCATE RAFTER, MARK HOLE LOG A TE C A T LOCATION, AND DRILL PILOT LOM HOLE i ill — ------------------- INSERT FLASHING. PLACE MOUNT. I INSTALL II-- LAG BOLT NTH SEALING11WASHE.R---,.,.,.. ..... ..... .. RAFTER: (E) 2x6 0 24" CEILING JOIST. (E) 2x4 0 24" O.0 MAX SPAN: MAX STANDOFF DISTANCE: 72 O.0 Eric 4b no Vat DATE PV 3 9/3/2013 11 (.,F —SIDE VIEW OF MP2 B STANDOFF Scale: 1 1/2" =1i an umber GE Inv 1: TG tngrounded # AURORA PM LABEL: A YINGLI # YL245P-29b Meter Number' 2472989 IBM Inverter, TigVee 500OW, 240Y. W5% PV M61 ule; 245W, 221.6W PTC, H4, 46mm, Block Frome, YGE—Z 60, ZV Voc: 378 Vpmax: X2 Isc AND Imp ARE SHOWN IN THE DC STRINGS IDENTIFIER V(S) Ore on w I Am FAK Kv TW (I)AWG #10, THWN—Z 8100 (1)AWG #10. THY44—Z Rod ------ SMITH KEVIN (Z)AY G 11% FV TAM, MOM m (I)AWG #10, Said 8 Copper EGG VOCI = aVVUL VmP =241.6 VDC ISC =1/.lb ALA. ImP=16.22 ADC z k JAM 09U, 1-V WKL, Ut= (I)AWG SdW Owe Cmw EC C K VOC' = ZM11 VM Vmp = 181.2 VDC 4SC = 0t,0 Imp =8.11 AM ADC O)AW000, THYM—Z White NEUTRALVmp =240 VAC Imp = 23 AAC Kft;. V WT moon WHEAT RIDGE, CO 80033 (4)AW6 00 'PV (1) AWG #10, Solid 8we Ower EGC V�- = �M2 VDC Vmp = 241,6 VDC isc'= 9.63 Imp= 9.11 mt ADC im Kom J B —8002510 00 ------ SMITH KEVIN SMITH RESIDENCE Eric Obano snu Comp Mount Type C 3230 OAK ST 539 KW PV Array moon WHEAT RIDGE, CO 80033 L �2�NGU If YL245P-29b PAM NAW: SHM I 3M Clewwiew w0y RD', DATE. Sm klateo, CA 944M lug POWER—ONE If AURORA PVI-5000—OUTD—US -------------- (720) 666-2574 THREE LINE DIAGRAM 111) 11028 F( 6W-1029 650) PV 4 9/3/2013 W -sm-aly (M-11%) JB-8002510 00 SMITH, KEVIN SMITH RESIDENCE M"VG SMM WHEAT iM #, . • #: # a POWER-ONE # AURORA P\n-5000-OUTD-US U # SITE PLAN PLACARD RUM (Pot) -© Code: (DC) (INV) Per Code: y»<6 -« » (AC)(P OI) Per Code 3OUXd=111M NIB, SMMrMEMA 91U2 t TaME13CUD20 OMMEM29 SC CO XCEL Label Set A alUIDDLmrry amMMETTLUMMMM 0 January 2013 UVizes rep Sci;ar hardware and UL 1703 listed Zep CompatiWe" modules kid SOIaftfty, January 2013 @ , T//= 0% @ USTEt, m."'W Installation Instructions DrV Not Hole of Proper Diameter for F' sterner Size Per ND S Section 1 1,32 Seal pilot hole with roofing sealant lnsert Comp Mount fiashing tinder upper layer of shingie Place Cornp Mount centered upon fiashing instaii lag pursuant to NDS Section 11.1,3 with seating washer. Secure 1.eveiing Foot to the Come Mount using r Screw Place moduie YL250P-29b A YL245P-29b C E L L SERIES Y1,240P�29b YL235P-29b YL230P-29b 971 2 1 MIM 123301MM Ideal for residential and commercial applications where cost savings, installation time, and aesthetics matter most. 12=' AC S0WIkON 0PV0% inteffiges.0 reak� rne mon, is"'ing at 0'e System and module f evek w4h Enhghtem t" co` 'JAance y oah YkiCF Wwaray te"- am C-d'fi-t' YINGLISOLAR.COMMS, s / Module efficiency r° % 15,3 1510 1417 14.4 141 u,01R.9 -.'" r—t SSA vitfus eat P- 4 30.2 29's 29'5 29S Machu,- irprct I 'r (25 -c) at 51 roPh Q n cannot ot A 8,24 8,11 8,14 7197 . 740 .. .... . . .............. PACKAGING SPECIFICATIONS V. v 3914 V.8 1111 3715 3710 ..... .... . 37.0 ........ --------- — ............ N-b.e of ..do as P., Paget 22 -,Vt i. A 11 ....1,.,_1 8165 . ............ ............ 8,S4 8,40 - . ....... Nuambor of paaria per 53' oontii", sl C IDOW Or 3 --- Pack hot di—ics. (VWAH) 67 n 00 -'1 v, it 1 50 -11 1111... Oat weight 076 tins OWN k9) .Power #utpue Pte W �veitaga S83,t 177.4 1111 974.3 57 . ... ..... ............. . ..... of P- Va V 27 6 2712 26.6 26.6 UnItc, inch (mm) 6. A 6,56 &S4 &56 6,29 V- v 35A 34 5 34,2 3318 318 A 7,12 &99 741 6.92 6181 36 84°1361 6x {46t _6 ....... .. . L - --------------- - - THERMAL CHARACTERISTICS . ......... TrouWat"ne cooffident at P- Y %PC 04$ To',rP*Mtvt* osfficiona of V. 0- %PC Tmfoi,vt.ft tooffiontnt of k 4. %PC ...... . ........ .. ...... ....... IS v T"#,alw4 000ffloUiot of V� fi� V C at 1111 '0145 CONSTRUCTION MATERIALS MA., ".. vQhffo 600W, Mae. -6- fuse sating 15A u,01R.9 -.'" r—t SSA 1111-11-111-11 . ... ...... .. . .. op.,4609 yonsic*r at.re '0.9. •(8 W 194T $Ai) u, 90*Q Sfax . and Wia',f) 50 psi Q400 Pra Max. st.6c 6.d. back waoi) 50 pf i24CK) Pa Machu,- irprct I 'r (25 -c) at 51 roPh Q n CONSTRUCTION MATERIALS Front cow jmawdaVtypollhlokn t Lwow e gams / t-p-d / 12 mm G. ha- iton-f-t- coat 'o . ....... ..... .. -.n . ...... Geis Cgixa+{ tYtydmaforfal!(yysaldvrnensAansd 601 P";Yuhm" I -ftk'yot.M- I wool# of boebas) 156 - x IS6 mm t 243 3 and 2 os 3 Ethyne. I^Iaif "Mo iEVAi Frame (mater aVcoksr3 Ara &Z at—u "#.t I bte"k - - ------------------- J..atia. 1- (Prototfian tiesm.) - ----- ',Oriis Cabfo diatewtolf PV W. 43.31 in 0100 -1 / 12 AVVG / 0,244 ir (k-Z Mug W .. aor Actpho-h' H4 /.Fns (aunr.foct.-/typc/fari,t.c6.o d"..) Tim aps,,cifiratirins in this datashesh are nisi quaranteed and am siA},jeet to change wrthmo pricanotie This datasheet compNes v4th EN 503801003 teqwremerns. Yingli Green Energy Americas, Inc. info0yingfiamericas,com Tel. +1 (888) 686-8820 YING LI SOLAR. COMNS NYSENGE Lvi EN 201206V01 3,940MI 0 47 02) SEC'TON C'C wa'n9: Road lhtr ci a" U" - "hm , fdval i� its iy zt 6 befom hamdfinq, instaffing, &,,d irpwat.q Yinqb nna dOtst, D I I I C A fli'n 71 1 Ili pil I ASUNIMMELMEMSMOMIMORM Certificate of Compliance Certificate: 1841082 Project: 2550432 Issued to: Power-One, Inc 740 Calle Piano Camarillo, CA 93012 USA Attention: Robert White Master Contract: 173688 Date Issued: August 20, 2012 The products listed below are eligible to bear the CSA Mark shown with adjacent indicators Vand 'US'far Canada, and US or with adjacent indicator 'US'for CIS only or without either indicatorfor Canada only. Bp-y A"-cwwa), Issued by: Brij Aggarwal, P.Eng. C us CLASS 531109 - POWER SUPPLIES - Distributed Generation Power Systems Equipment CLASS 531189 - POWER SUPPLIES - Distributed Generation - Power Systems Equip pent DQD50 R,v. 1.012-05-22 M .................... INSPECTION RECORD OcDDpBnDVlTVpe INSPECTION LlivE: (303) 234 -5933 r£ . Inspections will not be made unless this card is posted on the building site Call by 3:00 PM to receive inspection the following business day. INSPECTOR MUST SIGN ALL SPACES PERTAINING TO THIS JOB FOUNDATION INSPECTIONS DATE INSPECTOR INITIALS COMMENTS: Footings /Caissons Stemwall / (CEG) Concrete Encased Ground Plumbing (Underground) Reinforcing or Monolithic Weatherproof I French Drain Sewer Service Lines DO NOT POUR FLOOR UNTIL ABOVE HAS BEEN SIGNED Water Service Lines ROUGHS "INSPECTIONS FOR PLANNING & ZONING, FIRE AND PUBLICE WORKS SHOULD BE CALLED AT LEAST ONE WEEK PRIOR TO FINAL INSPECTIONS. , POUR No CONCRETE UNTIL ABOVE HAS BEEN SIGNED Electrical CONCRETE SLAB FLOOR Electrical (Underground) Mechanical Plumbing (Underground) Roof Heating (Underground) Fire Department : DO NOT POUR FLOOR UNTIL ABOVE HAS BEEN SIGNED R.O.W &Drainage ROUGHS "INSPECTIONS FOR PLANNING & ZONING, FIRE AND PUBLICE WORKS SHOULD BE CALLED AT LEAST ONE WEEK PRIOR TO FINAL INSPECTIONS. , Parking & Landscaping ` Sheathing *"NOTE: ALL ITEMS MUST BE COMPLETED AND APPROVED BY PLANNING AND ZONING, BUILDING AND PUBLIC WORKS 23EFORE A ° TiL-RTIFI CATE OF OCCUPANCY 'ISISSUED.: INAL NSPECTIONBYTHE' UILDING (VISIOND o IPUTE7LOTFIORIZATfM- OF A CERTIFICATE OF OCCUPANCY NOR PERMISSION FOR QCCUPANCY. Lath / Wall tie Mid Roof Electrical Service Rough Electric Rough Plumbing Gas Piping Rough Mechanical ' ABOVE INSPECTIONS TO BE SIGNED PRIOR TO PROCEEDING Framing Insulation ` Drywall Screw FINALS - Electrical Plumbing Mechanical Roof Building Final Fire Department : - R.O.W &Drainage "INSPECTIONS FOR PLANNING & ZONING, FIRE AND PUBLICE WORKS SHOULD BE CALLED AT LEAST ONE WEEK PRIOR TO FINAL INSPECTIONS. , Parking & Landscaping ` *"NOTE: ALL ITEMS MUST BE COMPLETED AND APPROVED BY PLANNING AND ZONING, BUILDING AND PUBLIC WORKS 23EFORE A ° TiL-RTIFI CATE OF OCCUPANCY 'ISISSUED.: INAL NSPECTIONBYTHE' UILDING (VISIOND o IPUTE7LOTFIORIZATfM- OF A CERTIFICATE OF OCCUPANCY NOR PERMISSION FOR QCCUPANCY. CCUPANCY NOT PERMITTED UNTIL CERTIFI( " PRnTFCT THIS rARf) %UPANCY IS ISSUED ♦ A i CITY OF WHEAT RIDGE ~-j Bung Inspection Division (303) 234-5933 Inspection line (303) 235-2855 Office • (303) 237-8929 Fax INSPECTION NOTICE Inspection Type: P _ Job Address: ~7 5L? f(r_, `~f Permit Number: KM V /4 lar'.0 /,CAI SOP; ❑ No one available for inspection: Time AMOPM Re-Inspection required: Yes ,o) When corrections have been made, call for re-inspection at 303-234-5933 Date. f 27- f)1 Inspector: DO NOT REMOVE THIS NOTICE ♦ i CITY OF WHEAT RIDGE r Building Inspection Division 1 (303) 234-5933 inspection line (303) 235-2855 Office • (303) 235-2857 Fax INSPECTION NOTICE Inspection Type: Y[b ,C~rrt Job Address: k ir)ak ~R Permit Number: "02G22/ 1 1 f'- V. ❑ No one available for inspection: Time of M M Re-Inspection required: Yes C "When corrections have been made, call for re/inspection at 303-234-5933 Date: j0- r0 Inspector: DO NOT REMOVE THIS NOTICE City of Wheat Ridge Residential Roofing PERMIT - 092719 PERMIT NO: 092719 ISSUED: 09/25/2009 JOB ADDRESS: 3230 OAK ST EXPIRES: 03/24/2010 DESCRIPTION: T/o: Install 53 sqs 40.. yr shingles. CONTACTS 'OWNER 303/237-3419 . Kevin Smith. gc 303/507-0842 Gumercindo' Nunez 09-0215 GN Roofing, Inc. PARCEL INFO ZONE CODE: UA. FUSE: UA SUBDIVISION: 0649 BLOCK/LOT#: 0/ FEE SUMMARY ESTIMATED PROJECT. VALUATION: 14,500.00. FEES Permit Fee 326.70 4 Total Valuation `~~`_""'"`B' .00 Use Tax 261.00 % }`~wC!, "st TOTAL 587.70 cl-a e.•_ Conditions:. 6 nail installation mid-roof inspection required; Board sheathing spaced more than a 1/2,of..an inch apart -requires.. plywood overlay on entire roof. Ice and u; water shield required from eave edge to 2 inside exterior walls. y, Subject to field inspection. I hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City 'of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and. allegations made are accurate;. that Ihave read and agree to abide by all conditions. printed on this application and that I assume full responsibility for compliance with the Wheat Ridge Building Code(I.B.C) and all other. applicable Wheat Ridge Ordinances, for work under this permit. Glans subject to. field inspection. Signature of contractor/owner ate. r; 1 This permit was issued in accordance with the provisions set forth in your application and is subject to the laws of the t~ State of Colorado and. to the Zoning Regulations and Building Codes of Wheat Ridge, Colorado or any other. applicable ul" : ordinances of the city. 2.. This permit shall expire 180 days from the issue date. . Requests for an extension must be received. prior to expiration date. An extension may be granted at the discretion of. the Building Official. 3. If this permit expires, a new permit may be acquired for a fee of one-half the amount normally required, provided no s; changes have been or will be made in the original plans. and specifications and any suspension or abandonment has not exceeded. one (1) year. If changes have been or if suspension or abandonment exceeds one (1) year, full.. fees shall Z be paid for. a new permit. 4. No work of any manner shall be done that will change. the natural flow of water causing a drainage problem. 5. Contractor shall notify the Building Inspector twenty-four (24) hours in advance. for all inspections and. shall receive ' written approval on inspection card before proceeding with successive phases of the job. I, 6. The -issuance of a permit or the approval of drawings and specifications shall not be construed to bea permit for, nor an approval of, any biola 'on of the provisions of the building codes or any other ordinance,.. law, rule or regulation.. G' All. plan review is a e o field inspections. u. Y° Signature of Chief B Idiffi Official date INSPHCTION IIEST LINE: (303)234-5933 -BUILDING OFFICE: (303)235-2855 o ,,REQUESTS MUST '.BE , MADE BY 3PM ANY. BUSINESS DAY FOR INSPECTION THE FOLLOWING BUSINESS DAY. ~oF W"E^?q City of Wheat Ridge Building Division 7500 W. 29th Ave., Wheat Ridge, CO 80033 Office: 303-235-2855 * Fax: 303-237-8929 °O<oxPO° Inspection Line: 303-234-5933 Property Address, 3Za~ oo_k, S Property Owner (please print): ~>LU Sal y Phone: Mailing Address: (if different than property address) Address: Zip: Contractor: C N Building Permit Application Date: Plan Permit Contractor License #0 q(`1 'z 1 Phone: 50 `~L Gy-7' Z Sub Contractors: Electrical City License Company: Plumbing City License Company Mechanical City License Company: Exp. Date: Exp. Date: Exp. Date: Approval: Approval: Approval: Use of space (description): Construction Value: $ a O(7 Description of Work: (as calculated per the Building Valuation Data sheet) ~0 4~ Plan Review (due at time of submittal): $ Sq. Ft./Lt.!/Ft added: Squares 03 BTU's Gallons Amps OWNER/ CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT 1 hereby certify that the setback distances proposed by this permit application are accurate, and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants, easements or restrictions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application and that I assume full responsibility for compliance with the Wheat Ridge Building Code (I.B.C) and all other applicable Wheat Ridge Ordinances, for work under this permit. Plans subject to field inspection. CIRLCE ONE.: (OWNER) (CONTRACTOR) or PERSONAL REPRESENTATIVE of (OWNER) (CONTRATOR) PRINT NAME: U uLtr~s °C 10 4Z iL9OLi t1 SIGNATURE: 6-1Jb4fJ \ 2A &*7 Date. :1 Mar-30-95 03:50P Kevin C_ Smith (303) 377-6003 P.01 KEVIN C. SMITH ATTORNEY A'I' LAW 50 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80222 (303) 377-6633 FAX (303) 377-6W3 The information contained in his facsimile message is legally privileged and confidential intbrntation in ended only for the use of the individual or entity named below. If the reader of this inessage is not i 3e intended recipient, you are hereby notified that any dissemination, distribution, of copying of this telecopy is strictly prohibited Ifyou have received this t.,Iecopy in error please immediately notify us by telephone and return the original message to us at the t ddress above via the United States postal service. Thank you. Date Time To. j4tlX ?t ~ Fax No.-3- - E-6;5, Telephone Message: RE CLIENT, ~,5 _ CL# From. -XL NO. OF P.AG3S BEING SENT (including this cover sheet):__. 57 HARD COPY TO FOLLOW YES NO 11; YOU HAVE ANY PROB -EMS OR QUESTIONS RECEVING THIS FACSIMILE, PLEASE CALL: /J//, komw, kd.t ,h CITY OF WHEATRIDGE, STATE OF COLORADO BEFORE THE BOARD OF APPEALS OF THE BUILDING DEPARTMENT APPEAL OF THE BUILDING OFFICIAL'S DECISION OF NOVEMBER 10, 1997 In Re The Matter Of THE PRIVATE RESIDENTIAL HOME OF KEVIN C. AND CLAUDIA A. SMITH, 3230 OAK STREET, WHEATRIDGE, CO 80333. COMES NOW Kevin C. Smith and Claudia A. Smith, property owners of 3230 Oak Street and hereby request an appeal of the Building Official's Decision of November 10, 1997 and as grounds therefore states as follows: 1. On November 10, 1997 Chief Building Official John Eckert issued a decision (hereafter "the decision") requiring owners to bring grading, landscaping and a Florlift up to applicable building and elevator codes. See attached decision. (Attachment A). 2. By the terms of the attached decision an appeal must be filed by January 8, 1998 and this appeal is therefore filed on this date. (See attachment A.) 3. The decision references 3 problems. The first problem was the final lot grading. Property owners have engaged a landscape company to perform final grading. It is believed by the owners that the grading should be completed by February 7, 1998, the date required by the decision. Although it is possible, due to weather or other factors beyond property owners control, that an extension of time may be necessary, and therefore there is no issue regarding this part of the decision. 4. The second problem was landscaping. The landscaping was resolved by way of an escrow agreement. Once the weather clears the terms of the escrow agreement will be completed. There is no issue concerning landscaping. 5. The third problem regards the Florlift and the remainder of this appeal will focus on this part of the decision. The decision stated that the Florlift does not comply with the minimum requirements for a passenger elevator. Property owners have several issues regarding the Florlift which are outlined below. JAN 0 9 1998 1 Mar-30-98 03:51P Kevin C. Smith (303) 377-6003 P.02 DEVICE REMOVA L-SURETY-INDEMNIFICATION AGREEMENT A. Introduction Kevin C. Smith and Cl mdia A. Smith, hereafter "homeowners", installed a Florlift, hereafter "Device: into their ne My constructed residence at 3230 Oak Street, Wheatridge, CO 80033, hereafter "residence". The Device did not comply with the applicable building and elevator codes, hereafter "Eleva :or Codes", as it did not contain an emergency brake feature and other features that are required by the Elevator Codes. Although the Device vas designed and marketed for the intended use in other jurisdictions, the City of Whea ridge Building inspectors, hereafter "City", did not approve it for installation into the residence. Homeowners requested a variance which was the topic of a February 12, 1998 Building Department Hearing, hereafter "Hearing". Subsequent to the Hearing the horr eowners and U ie City attempted a resolution of the matter. The City granted a cond dional variance to the homeowners and the homeowners entered into an agreemeid concerning d.e device which would allow the homeowners to keep the device in their home so long as they a€ reed to remove it when Kevin C. Smith, who uses a wheelchair, no longer reside; at the resider -e. The City requires an indemnification and surety agreement to protect the City and guarant :e the homeowners performance. B. Covenant To Remove Device The horn .owners agree i o remove the Device that is located in their residence when Kevin C. Smith no lon,;er resides at tl ie residence or no longer requires the need to utilize the Device. This covenant :hall run with the land and shall bind all successors, assigns and shall be enforceable by fie City. Home owners shall be liable for any and all attorney's fees that may be incurred by the City if for any ! uch reason homeowners refuse, despite reasonable efforts by the City to enforce he Agreement C. Surety Agreement Homeowners agree to place on deposit the sum of $3,000.00 with First Bank of Colorado, N.A., in an interest bearing account for the benefit of the Chief Building Official of the City, such chat said sum -dus accrued interest cannot be withdrawn in whole or in part without the express written cot sent of the Chief Building Official of the City; said sum witirto VJ be used by the City in order to tarry out the preceding obligations of the homeowner in case the homeowner reft ses, defaults o has inability to perform the above stated agreement concerning removal of the l ift. D. Indemnification Agreement Homeowners hereby in lemnify the City, it's Building inspectors, any and all Elevator Inspectors employed by the De nver Regional Council of Governments, their staff, supervisors, agents and assigns hereafter "i idemnitees", including but not limited to Dick Youngkin, Chief of Elevator Insp actors for Denv ;r Regional Council of Governments, 987-7500, pager 855-8201, Mar-30-98 03:51P Kevin C_ Smith (303) 377-6003 P.03 cell 908-2202; Jack Eckert, Ch of Building Official, City of Wheatridge, 235-2853; and Jack Bateman, elevator inspector, :.35-2855. Homeowners also indemnify Sandy Thompson, architect, 432-2610, fax 292-26 )1; Dick Surratt, Vertical Transportation Maintenance, 11945 W. 201 Avenue, Lakewood CO 80215, as follows: WITNES:;ETH: Cik Whereas the indemnitees have agreed to waive certain aspects of the elevator so that the rdo owners cou d obtain their :ertificate of occupancy. Whereas ! he indemniteei would prefer that the homeowner used a device that complied the Elevator Codes as it w( uld then have an emergency brake and other safety features that t exist i n tte installed uni!. Whereas t he indemnitees make no representations concerning the safety of the lift installed by the homeowner and have A lowed the homeowner to keep the lift installed because of hardship. Whereas he indemnitee! wish to guard against all claims by the homeowners, including but not limited t) their occupa its, children, family members, tenants, agents, heirs, assigns, guests, invitees, licensees, her ;after Claimants' for any and all claims of whatever nature including but not limited to clan is for wrongful death, personal injury and property damage, the homeowners herby release, in lemnify and forever hold harmless the indemnitees against any and all claims frcm any and all Claimants, for any and all damages, of whatever nature, that may be claimed now or in the futu -e that hereafter may be claimed, and to forever release said indemnitees. This agreement shall run with land and shall enure to the benefit of all the indemnitees, witiout any futur( limitation whatsoever. THE INE EMNITEES TI IROUGH THEIR AGENT JOHN ECKERT, CHIEF BUILDING OFFICIAL, CITY OF WHEN "RIDGE, HEREBY GRANT A CONDITIONAL VARIANCE AND ALLOW HOMEOWNI.RS TO INSTALL THE DEVICE SO LONG AS IT IS INSTALLED AS HE MAY DIRECT AND APPROVE WITHIN 60 DAYS OF THIS AGREEMENT. John Eckert , chief Building Inspector Date for the C.ty of Wheatri( ge and all indemnitees HOMEOWNERS SWEJ LR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY W TH THE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, ,kND TO PRC VIDE EVIDENCE OF SURETY TO THE INDEMNITEES THROUGH THEIR AGENT JOHN ECKERT WITHIN 10 DAYS, TO SUBMIT FOR APPROVAL TEE PROPOSEI i DEVICE WITHIN 30 DAYS, AND TO COMPLETE IT'S INSTALLATION WITHIN 60 DAYS. Kevin C. Smith, homeo vner Claudia A. Smith, homeowner Mar-30-98 03:51P Kevin C. Smith (303) 377-6003 P_04 STATE OF ) COUNTY OF _ ) SUBSCRIBED F,ND SWORN o before me this day of , 19 My Commission Expires: My address is: Notary Public kc,/F.l Wphllde mwty.agt n9/2a/9R TITF. 16:12 FAX 303 376 5001 Q001 TX REPORT* TRANSMISSION OR TX/RX NO 4877 CONNECTION TEL 2352857p093 SUBADDRESS CONNECTION ID ST. TIME 02/24 16:11 USAGE T 01'28 PGS. 4 RESULT OH GORSUCH KIRGIS L L P ATTORNEYS AT LAW TO: JONA : r Q V Cqj OF: (L)Q~E CITY: _ STATE: FROM' _ f' ~UL~1I111GgL(/~ DATE: TIME: PLEASE RE'IIEW ❑ PLEASE RESPOND ❑ MESSAGE: This message m~;y constitute privileged attorney-client communication or attorney work product. and unauthorized use or disclosure is prohibited. If you are not the intended recipient of this message. please advise us by calling collect at (303).376-5141 and forwarding the document to us by mail ro the address listed below, CLIENT NAM'=: JA4110 LVA% FILE NO.: FAX NO.: PHONE NO.: To: John Eckert, Chief Building Official William Smith. Chairman From: Paul Kennebeck Date: February 24, 1998 Re: Findings and Conclusions Attached are Findings and Conclusions which I believe reflect the Board's action last Thursday. This document reflects the initial admission by Kevin Smith that his elevator was not in compliance with the UBC, along with the Board's action relating to the extension of the TCO. Please review carefully. If you believe the document should be amended in any way, please advise. If you agree the document accurately reflects the Board's Findings, then Bill Smith can sign as Chairman of the Board. I enjoyed working with you and found the evening interesting. I think the Board and Wheat Ridge staff took the right approach on this matter. If you have any questions, please do not hesitate to call me at 376-5025. FINDINGS AND CONCLUSIONS OF THE WHEAT RIDGE BUILDING CODE ADVISORY BOARD A meeting of the Wheat Ridge Building Code Advisory Board (hereinafter "Board") was held at 6:30 p.m., February 19, 1998, to consider the appeal of Kevin C. and Claudia A. Smith ("Appellants") of 3230 Oak Street, Wheat Ridge, Colorado This appeal arose from a decision of the Chief Building Official that the temporary certificate of occupancy ("TCO") issued to the Appellants should not be extended, nor a certificate of occupancy issued, based upon violations of an elevator/lifting device which was installed in the Smith residence at 3230 Oak Street. The Chief Building Official denied the continuance of the temporary certificate of occupancy based upon the fact that the elevator/lifting device violated the provisions of the 1994 Uniform Building Code as adopted by the City of Wheat Ridge ('City") and more specifically the ASME/ANSI Safety Code for Elevators and Escalators ("Safety Code") as adopted by the 1994 Uniform Building Code ("UBC"). Findings The Board finds from the evidence presented by the City, specifically that of the Chief Building Official, John Eckert, and the elevator inspector, Jack Bultman, that the provisions of the UBC and the Safety Code were violated by the installation of the elevator/lifting device. Additionally, Appellant Kevin Smith stipulated at the outset of the hearing that said elevator/lifting device was in violation of the applicable codes. The Board additionally finds, pursuant to Sec. 2-59 of the Code of Laws of the City, that it (the Board) has the authority to provide for reasonable interpretation of the provisions of the UBC. Pursuant to that authority, and after lengthy testimony provided by witnesses for the City and witnesses for the Appellants, and on consideration of that testimony, the Board makes the following findings: 1. A temporary certificate of occupancy will be granted to Appellants for an additional 30 days. Specifically, the TCO shall run from February 20, 1998, to March 22, 1998. 2. During the 30-day period in which the TCO is effective, Appellants shall provide documents to the Chief Building Official providing for corrections to the elevator/lifting device as set forth during the hearing, including working drawings of corrections stamped by a professional architect and meeting the UBC standards. 3. The Appellants shall have 45 days after March 22, 1998 (until May 6, 1998) to complete work on the elevator/lifting device in conformance with the drawings which have been submitted to and approved by the City. Upon conformance with those drawings, the City will issue a certificate of occupancy to Appellants. 4. Appellants shall executd a hold harmless agreement which will hold the City, the Board, the building inspector, the elevator inspector, and all agents and employees of the ITK\53027\277035.01 City from any liability relating to any property or personal damage of any type whatsoever occurring as a result of the operation of the elevator/lifting device at 3230 Oak Street. 5. Appellants shall provide a surety bond to ensure that when the device is no longer used by the Appellants for whatever reason, including the Appellants moving from the property, sale of the property, or any other reason, that the device will be completely removed from the premises. If said device is not removed within 30 days after the event causing the removal, the City may cash the bond, enter upon the property, and have the device removed. 6. Appellants agree that, upon reasonable notice by the City, they will allow Wheat Ridge inspectors upon the premises to inspect the elevator/lifting device. DATED this day of February, 1998. WHEAT RIDGE BUILDING CODE ADVISORY BOARD Chairman 2 CITY OF WHEATRIDGE, STATE OF COLORADO BEFORE THE BUILDING CODE ADVISORY BOARD HEARING DATE: February 19, 1998 at 6:30 p.m. LIST OF WITNESSES In Re The Matter Of THE PRIVATE RESIDENTIAL HOME OF KEVIN C. AND CLAUDIA A. SMITH 3230 OAK STREET, WHEATRIDGE, CO 80033. The witnesses that I may call in this matter are as follows: 1. Sandy K. Thompson, Professional Architect. 2. Kevin Williams, Attorney at Law. 3. Mike Roberts, Native Sons Construction Company. 4. Brian Spindle, owner, Spindle & Abbot Electrical Contractors. 5. Claudia A. Smith, Property Owner. 6. Any witness endorsed or called on behalf of the City of Wheatridge. 7. Any witness necessary for rebuttal. ti submitted this 13 { day of r Zb , 1998. CERTIFICATE OF MAILING I hereby certify that I have mailed a true and correct copy of the foregoing List Of Witnesses this - 13 day of February, 1998 by placing the same in the United States mail, postage prepaid, addressed to: Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29" Avenue Wheat Ridge, CO 80215 Brian P. Jumps, Esq. Gorsuch Kirgis, LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, CO 80202 La Office of Kevin C. Smith kcs/FlOr ifi/plwirmss.app CITY OF WHEATRIDGE, STATE OF COLORADO BEFORE THE BUILDING CODE ADVISORY BOARD HEARING DATE: February 19, 1998 at 6:30 p.m. NOTICE OF HEARING In Re The Matter Of THE PRIVATE RESIDENTIAL HOME OF KEVIN C. AND CLAUDIA A. SMITH 3230 OAK STREET, WHEATRIDGE, CO 80033. You are hereby notified that a hearing on the above referenced matter will take place at the City of Wheatridge Building Advisory Board, 7500 W. 29' Avenue, Wheat Ridge, CO 80215 at the hour of 6:30 p.m. on Thursday, February 19, 1998. For failure to appear, the undersigned shall sustain a loss of ability to prove his case and shall otherwise be disadvantaged. Respectfully submitted this 13tti day of P-On. , 1998. CERTIFICATE OF MAILING I hereby certi that I have mailed a true and correct copy of the foregoing Notice of Hearing this day of February, 1998 by placing the same in the United States mail, postage prepaid, addressed to: Ms. Sandy K. Thompson Professional Architect 7902 Grandview Arvada, CO 80002 Brian P. Jumps, Esq. Gorsuch Kirgis, LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, CO 80202 Mr. Kevin W. Williams, Esq. General Counsel Colorado Cross Disability Coalition P.O. Box 18874 Denver, CO 80218 Mr. Brian Spindle, Owner Spindle & Abbot Electrical Contractors 3132 W. 24`h Avenue Denver, CO 80211-4610 La Office of Kevin C. Smith CERTIFICATE OF HAND-DELIVERY I hereby certify that I have personally delivered by hand a true and correct copy of the foregoing Notice of Hearing this 13th day of February, 1998: Mr. Mike Roberts, President Native Son Construction, Inc. 3350 Oak Street Wheat Ridge, CO 80033 dJ La Office of Kevin C. Smith k.lftfliWpl. is p TRANSMIT REPORT 1996,02-17 16:20 303 298 0215 GORSUCH KIRGIS L.L.C. COM No. REMOTE STATION START TIME DURATION PAGES RESULT USER ID REMARKS 914 303 235 2857 02-17 16:19 01'17 03/03 OK 7499407022 GORSUCH KIRGIS L !P ATTORNEysAT IAw TO: ~~N 1J L" OF: ILF g))1 CITY: FROM: kin- UFILIA DATE: PLEASE REVIEW 0 MESSAGE .9 ',W STATE: ) ( -SOj' TIME: PLEASE RESPOND %44, hU&WtA a ~c This message may constitute privileged attorney.c(ient communication or attorney work product, and unauthorized use or disclosure is prohibited. If you are not the intended recipient of this message. ple se advise us by calling collect at (303) 376-5141 and forwarding the document to us by mail to the addres listed below. CLIENT NAME: W04T FILE NO,: FAX NO.: 235- a,~j~ PHONE NO.: Exhibit A PROPOSED FLORLIFT ELECTRICAL SAFETY MODIFICATIONS SPINDLE & ABBOT ELECTRICAL CONTRACTORS Spindle & Abbot Licensed Electrical Contractors propose the following safety modifications which will render the Florlift sufficiently safe for it's intended use. 1. Interlocking electrically operated elevator shaft door, bottom of lift. Elevators will not open unless elevator doors are fully closed, the combination keypad entered and the electric eye encountering no obstruction to the trap door. 2. First floor elevator closet. 3. Keypad operated so that lift will only be capable of either ascending or descending one time. Combination will need to be inputted each time elevator is used to ascend or descend. 4. Elevator shall be capable of use only by a continuous pressure button or switch so that lift will automatically shut off if hand is removed from control. 5. Photoelectric sensor that will detect the presence of an obstruction on the tiap door. Device will not operate and power will be cut off if obstruction exists on trap door, similar to the controls used on a garage door. 6. Elevator controls in the cab will consist of a momentary ascending or descending of the elevator car upon continuous pressure of occupant. 7. Emergency cab button. The cab will be provided with an emergency call button, automatically calling a 24 hour monitoring service upon occupant encountering a problem. Smoke alarm, light in cab, audible warning horn or bell when cab in motion. 8. All electrical controls that depend on the completion or maintenance of an electrical circuit shall not be used. 9. Safety guard will be installed on lift cab to prevent wheelchair from leaving lift cab while cab not in fully ascending or descending position. 10. Cab shall either be totally enclosed or enclosed to the extent required such that cab occupant shall not be able to encounter a pinch point greater than 318 inch dia. Brian R. Spindle, Co-owner Spindle and Abbot Licensed Electrical Contractors License # x:/13/1998 ©°:SF7 3~3'_92"6E71 Feb-12-98 11:10A Kevin C. Smith u THE MUL111 Exhibit B PROP'1SED FLORL FT ARCHITECTURAL SAFETY CODIFICATIONS SAN DRA K. Tjj0MPS0N, Sandra K- Thompson, architect, proposes the following safety modifications which will render the Florlift suff ciently safe fo - it's intended use. bottom of lift ectrtcall, operated elevator shaft door, . Elevators Interlocl ing el 1. to he rap doorkeypad will not open unless t ievator doors are no fully closed, the cO entered :ind the electric eye encountering 2 First flo )r elevator clos et. , Keypad'>perated SO so that lift will only be capable of either ascending or descending 3 time . Cted t do 1 will need to be inputted each time elevator is used to one ascend cr descend. 4. Elevator shall be capable of use only by a continuous pressure button . switch so that I. ft will automatically shut off if hand is removed from control. on the trap th t will detect the presence of an will not p rate and power will be cut off ob obstruction exists on 5 oe a tvice sensor door trap doo similar to th controls used on a garage door. 6. Elevator controls in the cab will consist of a momentary ascending or descending of the elevator car upot continuous pressure of occupant. 7. Emergency cab button. The cab will be provided with an emergency call button, automati :ally calling a..4 hour monitoring service upon horn or bell when ran in problem. Smoke alarm. light in cab, audible warning cab motion. g. All electrical controls that depend on the completion or maintenance of an electrical circuit shall n )t be used. 9, Safety gt and will be im, tailed on lift cab to prevent wheelchair from leaving lift cab whilt: cab not in fu:ly ascending or descending position. encounrclrO ae pinch po nt greater than 3/8 itnch Shall notaI 1C el enclosed 10. cat)OCCU it d~. gindra , Thompson. Architec G ~ 6 z94 License N CITY OF WHEATRIDGE, STATE OF COLORADO BEFORE THE BUILDING DEPARTMENT ADVISORY BOARD HEARING DATE: February 19, 1998 at 6:30 p.m. EXHIBIT LIST In Re The Matter Of THE PRIVATE RESIDENTIAL HOME OF KEVIN C. AND CLAUDIA A. SMITH, 3230 OAK STREET, WHEATRIDGE, CO 80033 A. Proposed Florlift Electrical Safety Modifications Spindle & Abbot Electrical Contractors. B. Proposed Florlift Architectural Safety Modifications Sandra K. Thompson, Architect. (See also January 8, 1998 proposal letter to property owner filed earlier.) C. Proposed installation and hardship concerns are noted in letter from Michael Roberts, Licensed General Contractor, Native Sons Construction, Inc., dated February 13, 1998. D. Florlift mechanical safety standards are outlined in December 9, 1997 letter, with attached contract showing approved installation in other jurisdiction with architectural drawings bearing a P.E. stamp (architectural drawings with P.E. stamp previously filed) from Florlift of New Jersey, Inc., Casper Vivona, President. 4 pages. E. Certificate of Liability Insurance in the amount of $1,000,000.00 has been provided by Florlift of New Jersey, Inc. F. Affidavit of property owners regarding operation of lift. G. Florlift advertisement in Accent Magazine, a disability based publication. Respectfully submitted this day of Fe, h 1998. P-t-~ c . Ate, Kevin C. Smith, Esq. Property Owner CERTIFICATE OF MAILING I hereby certify that I have delivered a true and correct copy of the foregoing Exhibit List by placing in the U.S. Mail this 12th day of February, 1998, postage prepaid, addressed to: Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29' Avenue Wheat Ridge, CO 80215 Brian P. Jumps, Esq. Gorsuch Kirgis, LLP Tower I, Suite 1000 1515 Arapahoe Street Denver, CO 80202 La Office of Kevin C. Smith kc florlifi\dsafety.2 - - LINE OF WALLS BELOW IL---------- CLOSET RODE ?O REMAM I BEDROOM tl'-6'x17'-B" I uYDKOC i I I I I i I I CIRCUIT CONTROLS TO Ex(STING DOOR MASTER 14'-4" X 14'-7" (16._4" x 1(P•_7° W/ SAYS) I NEW 'ELECTRIC EYE' 14'-V CLOSET 4m6e-aF f ~,I II i II I 306811 CARPEF~ y C~ObB-PKt A-- ~-c -____________________9 ______________yrHD-WDOP, 0 ' \ I ~ I 1 - 1 0 J APP 1 PTR7 - ee'-m" AFF FIRST FLOOR PLAN `A ,I,. _ .p" _ TH] ([M C"B B 0DL R:~' H@IE i fix 3230 OAK STREET w H fi A T P. I Man, C O L O R A D O 02/13/1998 08:50 3032922601 I C r NEW RILL NElGHT WALLS I NYDROLI LIFT I THE MULHERN GROUP PAGE 03 NEW ELEVATOR CAC AT PERIMETER OF LIFT CARRIAGE ALARM-TIE TO EXISTING SECURITY 6YSTE1o. CIRCUIT CONTROLS TO EXISTING DOOR NEW SAFETY GATE NEW CII-UITED DOOR 1 1 1 1 1 1 I I I 1 1 1 I 306® li I UTILITY 0 n SASFMENT FLOOR PLAN , 3230 OAe. STREET WHEAT Q1062, COLORADO EX STNG CLOTHES ROD AND SHELF SOLID WOOD TRAP SOL EXIfi DET,41L-EXISTING 02 PROVIDE NEW BRACKET RAIL-8 MAX. 3/8' DIA. *18" OL. TYPICAL- ANCHOR TO EXISTINfs OPENING nl~ i ~ HYDROLIG LIFT ~ II CRAWL SPACE 1 . GARF~ET - ~ NEW WALL-BUILD FLUSH TO LIFT OPENING SOLID UIOOD DOOR i NEW UL4Il-FLUSH W/ OPENING F1rGESSE0 PAN ms DETAIL-PROPOSED SECtION ~MO U C ~1 G°3C~0®C~MC~CS 3230 O A< S T R E E T WJ 4 EAT RIDGE, COLORADO Q ~~J - _ _ LINE OF WALLS BELOW REMOVE EXITING CLOTHING RODS i BEDROOM - - i ~i'pROC LFT -CIRCUIT CGxTROL6 TO EXfSrN6 DOOR 40TER { 14'-4" x t4 -21 (16'-*' x I6'-2" W/ BAY6) _ f NEW WALL AND DOOR TO I, I ELEVATOR ROOM 4068-BF I j1 NEW CLOTHES ROD/SWELF GLOB6T i-------------------------- 4' 6" 1-X 14'-m" I I I' ~ I, I H ca m6s-PKr ' WDOD~ HD i AFF I PTRY ~ ! me'-m~ AFF ~ ;-"~-IRST r-LOOR PLAN AI J _ ELE':_iOR 5".:F vP- ON De 3230 OAK 67REEr WHEAT RIDGE, COLORADO ! ~ I PLAINTIFF'S EXHIBIT ALL.STATE LEGAL SUPPLY W. Michael Roberts, President Native Sons Construction Company Licensed General Contractor 3350 Oak Street Wheatridge, CO 80033 February 13, 1998 Kevin C. and Claudia A. Smith 3230 Oak Street Wheatridge, CO 80033 Dear Kevin and Claudia Smith: In response to your request I am providing you with my opinion concerning the use, installation and hardship of your home Florlift. Listed below are the specific installation methods that will make the Florlift safe for it's intended use. 1. I will build an elevator shaft to fully enclose the Florlift when it is in the basement. 2. I will comply with all requirements of the architect, the electrical contractor and shall otherwise install the Florlift based upon the proposed safety modifications. 3. Additionally, I feel that a hardship exists for the homeowners and that they should be given a variance for the following reasons: 1) Cost. The cost of the house was greater than budgeted and there exists no more room in the budget to incur the cost of removing or replacing the lift. 2) Removal of the lift would be physically impracticable. The lift was hoisted in by way of a seven ton crane. Immediately after, the foundation walls were poured. The removal of the Florlift would most likely damage the structure of the building and deactivation of the Florlift would not provide access to the basement for Mr. Smith. FLORLIFT OF NEW JERSEY, INC. al LAWRENCE STREET EAST ORANGE, NEW JERSEY 07017 (201) 429-2200 - FAX (201) 429-0922 Mr. Kevin Smith 1005 Lamar Street Lakewood, CO 80214 Dean '.Lr S: th December 9, 1997 PLAINTIFF'S EXHIBIT D Kt-STAW L[ 5urrlrca Re: Your letter dated Dec. 3. 1997 Wheelchair Life Model FL-100-HC Serial No 9041-97 :a :eaards to some efune dcsa::ea satcty aspects of our Florltft Model FL-A'-3G-!-1C. the 34'x 60" platform deck is raised/lowered via a roped hydraulic ram which incorporates a 2:1 mechanical ratio. As suspension means, we utilize dual 5/8 pitch, No. 50 roller chains each with a 6,100 lbs. average tensile strength. One (1) chain assembly alone gives an adequate 5:1 safetv factor, the second assembly is considered the safety chain. Together they provide over a 10:1 factor of safety We also use a slack chain switch to interrupt downward motion in the event of a slacked chain condition or obstruction. In addition to the above, the hydraulic ram has a direct coupled, flow control safety valve which controls the descent speed under normal operations or in the event of a hydraulic line rupture or failure. Considering all of these safety features, along with a proven design used for over 40 years, under proper use, service and maintenance, the Florlift Model FL-100-HC provides a safe, practical and affordable means for vertical transportation. For record and information, I've enclosed some documents involving a similar job which we were contracted to install and secure the required permits. Note the P E. stamp on the shop drawing. If there are any questions or concerns, please feel free to contact us at 1-800-752-5438. CV:mv Enc: Contract Vo. 15147 Rev. 11 Yours gvIy, ~as vivo President Sealed Shop Drawing No 03-01-1297-1) FLORLIFT OF NEB JERSEY, INC. 41 LAWRENCE STREET EAST ORANGE, NEW JERSEY 07017 Phone 201-129-2200 Fax 201-429-0922 7TZ- S y 3 ' Ms. Pat High July 2, 1996 953 WalielingStreet Philadelphia, Pa. 19124 Re: Trap Door Lift, 6177 Amon Street FlorliB Ref. Number : 15147 Rev. I Attention : Ms. Pat High Phone :215-743-W6 We propose to furnish the equipment shown helow su 'err to tentt_c and =dWonc r -of this trotiireet Specifications FLORLIFT MODEL : FL-100 HaBdieapped Lift Telescopic LjA Gei Capacity: 750 Lbs. At load center Lifts Speed: 15 Feet per minute Platform Sze: Out 34" Width 60" Unit : Lemisth 48" width 60" Dock Travel :8945" Lowered Height: 3" Raised Height: 94 Ys" To inclNda Uft Armt, Wear Plates and E Bar Ejectrlsal POWer : Motor 1 Horsepower 2081220 Volts 1 Pbsse 69 Hz Contmli:,Two (2) Push button stations, Vp/Dowz (Deadman) hen stations and one up/down (Deadman) :siding station with upper limit twiteL All eamtrok to be constant pressure on 24 volts' eircait, in ' NEMA l enclosures. - - - Safety Egtupment : Upper Limit Switch} Suck Chain Switch; Ememency Manual Lowering Device In ! Motion Alarm and Remote Pumping Unit Platform j3etoils Deck to have non-skid surface with 6D" high solid back gaard. To include a grab nil. Frame Ddails All structural steel, electric welded construction. P*orethanebmed enamel, da4ostatically applied, color to bcElorHrt Blue Alt co Vemate slamfizni BRIM atherwiW yW(ffed AiWafladon . WORK INCLUDM. Lipper level trapdoor and floor =Out (finish work painting. CW- by Others), delivery, mechanical. sat-up, lift and hall station amd:~sugptying diswon= switm;}~ and requited New 7eiseypert4iiti including New Jersey leg, samber;cket ical filing with sealed drawmgs, with all -uisp~mra,~&sigtt-offs. WORK B -1yrlmst All necessary st and related construction, i.e. bearing wall or lolly column and lower tamp. BasirPricc(No Tax Included) _ _...............---.........5 13,120.00 NET 1 FLORLIFT OF NEW JERSEY, INC. 41 LAWRENCE STREET EAST ORANGE, NEW JERSEY 07017 Phone 201-429-2200 Fax 201429-0922 Ms Pat High July 2, 1996 Re: Florlift Ref No. 15147 Rev. I Payment Terms TERMS: 20a/ with order, 20°.; upon approved drawings, 50% upon delivery, balance upon completion or balance upon shipmentidelivery(COD) (unless otherwise a, eed by Flortihl Delivery Information Shipping date is scheduled M& after receipt of all required deposits and approved drawings. Shop drawing take 1-2 weeks. AnljvW-al production time after receipt of approved drawings is 5. Add an additional 1 week for installation. Contract Terms General Should the Owner refuse or neglect to comply with the terms and provisions of this Contract, then the Florlift Co. of NJ shall be entitled to recover from the Owner thirty percent of the contract price, as liquidated damages, in addition to the reasonable value of work and material already furnished. Unless otherwise agreed or specified, purchaser is to procure and pay for any necessary permits and will also be responsible for compliance with all state and local laws and regulations in their respective state. We guarantee the. equipment of our manufacture to be free from defective material and workmanship under the use and service for which we recommend it for I year. We agree to replace or repair. F.O.B. E. Orange, NJ any defective parts returned to our factory, transportation charges prepaid within ninety days from date of shipment NO VERBAL MODJFICATION OR REPRESENTATION UNLESS WRITTEN HERE DI SHALL BE BINDING UPON FLORLIFT OF NJ or its agent. Any tax imposed by present or fhture laws on the sale of material covered by this proposal shall be added to the purchase price. This is effective only in the event that we are forced to pay such a tax. Orders do not become final until accepted at our East Orange, NJ office. Insurance Standard coverages apply. The coverage is summarized as 11,000,000.00 public liability and workers compensation, and 1.000,000.00 business auto policy. If additional coverage is required, the cost and procuring of such coverages is the responsibilities of others. Upon receipt of your order a certificate of insurance will be forwarded to you if required Acceptance At the time of completion of installation and the explanation of operating instructions, the contractor, owner, or a representative of the owner will be required to situ a standard acceptance form, indicating the approval of installation, acknowledging the receipt of opetadiw instructions and necessary operating keys and controls, and accepting responsibility for the sale and proper operation of the equipment. In conjunction with and as a condition of -tip accrptance, F?orlift coil! be released from any responsibility for damages or injuries resulting from the improper use of the equipment. FLORLIFT OF NEW JERSEY, INC. 41 LAWRENCE STREET EAST ORANGE, NN"EW JERSEY 07017 Pbone 201-l.29-2200 Fax 201-429-0922 Ms. Pat High My 2, 1996 Re. Florlift Ref. No. 15147 Rev I Final Payment Quoted price is lowest possible consistent with job requirements. It makes no provision for retention to be held beyond the date of final equipment turnover. Payment to Florlift is not to be contingent upon payment to purchaser by any third parry Laze payments will be subject to interest charges of l i° o per month. Liquidated Damages Florlift can not be responsible for delays beyond its control and no liquidated damages of any kind will be accessed against or paid by Flortift. In Witness Whereof,, the said parties have hereunto set their hands and seals on the day and year written below. The State of New Jersey has jurisdiction over this contrail FLORLIF!' DESIGN SUBJECT TO CHANGE WITHOUT NOTICE„ PRT~ING VALID FOR 60 DAYS. ACCEPTED B~ SIGNED MS. PAT DATE SALES MANAGER FLORLIFI OF NJ, INC. DATE -7 --7~- -9 ACCEPTED IN THE STATE OF NJ CITY OF WHEATRIDGE, STATE OF COLORADO BEFORE THE BUILDING CODE ADVISORY BOARD HEARING DATE: February 19, 1998 at 6:30 p.m. AFFIDAVIT OF PROPERTY OWNERS In Re The Matter Of THE PRIVATE RESIDENTIAL HOME OF KEVIN C. AND CLAUDIA A. SMITH 3230 OAK STREET, WHEATRIDGE, CO 80033. We, KEVIN C. CLAUDIA A. SMITH, swear and affirm under penalty of perjury as follows: 1. The undersigned shall never allow children under the age of 18 to operate the lift. Property owners shall instruct their children and to any and all visitors that they are not allowed to operate the Florlift and that they shall not have access to the security code under any circumstance. The lift shall only be operated by adult property owners by way of a combination keypad, the combination will be personal to us will not be known by others. 2. A warning sign shall be maintained in the upstairs elevator room and the outside of the basement elevator door. The sign shall be of conspicuous nature with at least 3 inch high letters in florescent orange or yellow background and black capital letters stating "WARNING - USE OF WHEELCHAIR LIFT ONLY AUTHORIZED BY KEVIN C. AND CLAUDIA A. SMITH. NO OTHER USERS AUTHORIZED." 3. Property owners verify by their signature below that they have exceeded their budget on the construction of the house and insufficient funds remain to replace or repair the lift. Property owners verify that a financial hardship will incurred if they are required to replace the lift. 4. Kevin C. and Claudia A. Smith swear and affirm to deactivate the lift if the house is sold, leased, or otherwise conveyed until such time as it is verified to be safe for the next resident. 5. Property owners covenant to release the City of Wheatridge and all the Members of the Building Code Advisory Board for any and all claims that may be made for any and all liability, including personal injury or death, concerning the approval of the variance allowing the Florlift to be installed due to hardship of the property owners. These covenants shall bind successors, shall run with the land and shall be recorded in the chain of title with acknowledgement of recoidin delivered to the City of Wheatridge within 10 days of the granting of the variance. SIGNEIFIIS DAY OF FEBRUAR 1998. u' ith laudia A. S ith (i~ i Those who lung ago accepted and learned to live with their disabilities know how important any efforts are toward improving their lives. Joanne Petersen of Lakewood. Colorado, has been a paraplegic, a mother. a wife, a student, and a volunteer ever since her car accident on icy roads thirteen years ago. "It's wonderful to push for a cure;" she says, "but in the meantime. you still have to live." She stressed the need for more accessibility, although she's seen c lot of progress over the years. She and her husband Jeff's greatest joy comes from helping others. Although they have rvo teenage daughters, they found the time to sern-e Thanksgiving dinner to the homeless during a blizzard. "It helps us see how lucky we are," she said. Jeff has returned to school to become a nurse, and Joanne is finishing her degree in psychology at Colorado Christian University. After that, she plans to get her masters in counseling. Inclusion of the disabled into the mainstream is essential, emphasized Reeve. "Our business leaders need to reach out and say, 'Hey, you can work for us, you can be a part of the com- munity.' Not only do the disabled need to be useful," he continued, "but every- body who takes advantage of their tal- ents will get more reward than they can possibly imagine." Gil Casarez, a volunteer with Adapt in Denver, has a lot of capabilities nl work. He may not be able to do what he once did, but that does not mean his productive life is over. Casarez broke his neck in a divine accident in 1980. and was told he would never walk or use his arms again. However, he proved his doctors wrong Lind not only has some use of his arms, but can move m. legs. It look him about three or four years to accept the fact that this was his new tile and he better live it. He began by Talking to people with the same injury tic had. "Helping others fulfills my tile." he said. "It helps me." Adapt is a national organization lighting for 25%p of the government lunds now aimed at nursing homes to the used for in-home care instead. They helieee the disabled deserve the choice they, don't always have about where they live. Denver is one of the few vies that have a program for in-home .ore in place, and many disabled move here to take advantage of it. However, Mme can't stay as they have trouble H nh [he altitude. Reeve seemed to be struggling; He Inked slightly, with almost every sen- Icnce. as if gasping for air. Yet he kept on cracking jokes while carrying out his commitment to share with others, enlighten and inspire them. "I wouldn't recommend a spinal cord injury to anyone," he quipped in answer to a question about what he's learned about them. "I have learned," he went on, "that while I've lost a lot. I feel I've gained a lot of understand- ing in other ways - in a strange way,_ I'm becoming a better person." - Indeed, Christopher Reeve has. shown that "the most important parts of a person's body are the brain and the heart." He urged the disabled and their caretakers to focus on the future, not to spend their lives looking back, as he once did in his dreams, not to say that the best pan of their lives are over, but to meet the new challenges before= them, and do it better than anyone ever dreamed they could. PxZIM LIFP RESIDENTIAL WHEELCHAIR LIFT WITH TRAPDOOR r .n...ice, ipiaw.ptf 4. pees r The FLORLIFT is one of tee safest, eas,est to operate. no most meapen. r sne methods of raising a wheelchair from floor to Ilo e FLORLIFT Is designed to raise a person in a wheelchair from basement to Ist or 2nd floor. a FLORLIFT can travel from first floor to basement.h 15 moons, a FLORLIFT can carry up to 10DO lbs, with complete safety. e FLORLIFT is easy to install in only 6 hours. Delivered complete- ly knocked down. _ e FLORLIFT is custom.b.0 to fit your speNic and individual re- quirements. e FLORLIFT can be installed in a shaftway or without a shaftway, FLORLIFTS are manufactured in various models for all residential, coin. mercial, and industrial uses. We excel in designing invalid lifts for public buildings, completely automatic and with enclosed cabs. _ TIME PAYMENTS FLORLIFT with passenger in OF NEW JERSEYIwt .neelchae. ready to rise to lrst U Lawrnlee SL. Eaet Onrspe. a1J Tiny nocr. Fngertip control keeps lifts Dealer For irdoxll i aW plant movement in the control of the inquiries 1.800-752-LIFT passenger at all times. Immuld ACCENT ON LIVING-SPRING, 1997 ACCENT ON uVING-SPRING. 1997 79 GORSUCH ATTORNEYS AT LAW KIRGIS LLP TOWER L SUITE 1000 1 1515 ARAPAHOE STREET I DENVER. COLORADO 80202 1 TELEPHONE (303) 376-5000 1 FACSIMILE (303) 376-5001 BRIAN P. JUMPS DIRECT DIAL (303) 376-5041 email bjumpsogonuch.com February 11, 1998 Via Federal Express Mr. Kevin C. Smith, Esq. and Mrs. Claudia A. Smith 650 South Cherry Street, # 820 Denver, Colorado 80246 Re: Appeal Hearing Before Building Code Advisory Board: Thursday, February 19, 1998 6:30 P.M. City of Wheat Ridge Municipal Building 7500 West 29"' Avenue Wheat Ridge, Colorado 80215 Dear Mr. and Mrs. Smith: The following exhibits to be used at the above hearing are enclosed herewith, unless otherwise stated: I . Specifications: F1-100-A (Florlift of New Jersey Diagram) -not enclosed 2. Letter from City of Wheat Ridge to Mr. Kevin Smith dated November 10, 1997 3. Letter to Mr. Kevin Smith from Sandra K. Thompson, architect, dated January 7,1998 4. Interior floor plan 5. Letter to Kevin Smith from City of Wheat Ridge dated December 31, 1997 6. Letter to Kevin Smith from the City of Wheat Ridge dated December 15, 1997 7. Article III, Chapter 5 of the Wheat Ridge Municipal Code Pertaining to Buildings and Building Regulations 11q 8. 1994 Uniform Building Code - Chapter 1, Administration Mr. Kevin C. Smith, Esq. and Mrs. Claudia A. Smith February 11, 1998 Page 2 9. 1994 Uniform Building Code - Chapter 30, Elevators, Dumbwaiters, Escalators and Moving Walks 10. Part XXI, Asmea Regulations pertaining to vertical wheelchair lifts WITNESSES The following witnesses will be called at the hearing: John Eckert, Chief Building Inspector for the City of Wheat Ridge 2. Jack Buttman, City of Wheat Ridge Elevator Inspector Sincerely, GORSUCH KIRGIS U.P Brian P. Jumps BPJ/nunw Enclosures cc: John Eckert iWA:3027Q75884.01 KEVIN C. SMITH ATTORNEY AT LAW 650 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80246 (303) 377-6633 FAX (303) 377-6003 1-800-923-2529 February 5, 1998 Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29`" Avenue Wheatridge, CO 80215 Mr. Gerald Dahl Office of the City Attorney Wheatridge Municipal Building 7500 W. 29' Avenue Wheatridge, CO 80030 RE: Florlii t at 3230 Oak Street Hearing date: February 19, 1998 Dear Mr. Eckert: According to Title H of the Americans With Disabilities Act Technical Assistance Manual, II-3.6100 (prepared pursuant to A.D.A. Title IV, Section 12-206 (c)(3) (See 28 C.F.R. 35.102 through 35.104, see attached), provides that: A public entity must reasonably modify it's policies, practices and procedures to avoid discrimination. If the public entity can demonstrate, however, that a modification would fundamentally alter the nature of it's service, program or activity it is not required to make the modification. ILLUSTRATION 1: A municipal zoning ordinance requires a setback of 12 feet from the curb of the central business district. In order to install a ramp from the front entrance of the pharmacy, the owner must encroach on the setback by 3 feet. Granting a variance in the zoning requirement may be a reasonable modification of town policy. ILLUSTRATION 3: A county ordinance prohibits the use of golf carts on public highways. An individual with a mobility impairment uses a golf cart as a mobility device. Allowing the use of the golf cart as a mobility device on the shoulders of public highways where pedestrians are permitted, in limited circumstances that do not involve a significant risk to the health or safety of others is a reasonable modification of the county policy. Page 82. Mr. John Eckert and Mr. Gerald Dahl February 5, 1998 Page 2 The A.D.A. recognizes that building codes and zoning ordinances may, at times, discriminate against the disabled if they are applied in every circumstance without reasonable accommodation to the particular needs of the disabled individual. I request that a reasonable accommodation be made such that, so long as the opposed modifications are architecturally and mechanically sound as well as safe, that I be allowed to install the Florlift that was specifically manufactured for it's intended purpose. This is a private device that will be used only very infrequently. It will be key operated as easily as, say, a family car. It will not be accessible to strangers or children as they will not have the key. I will bring in shop drawings and engineering certification and provide you with a copy of the liability insurance declaration and other safety materials so that the City of Wheatridge can be assured that the proposed variance will be acceptable. If this matter goes to trial, I have asked that Mr. Kevin Williams of the Colorado Cross Disability Commission to become involved in this case. The Colorado Cross Disability Commission is known for it's aggressive representation of the civil rights of the disabled. The citizens of the City of Wheatridge, many of whom are elderly and disabled have strong interests in the full and free exercise of their civil rights. They also have a strong interest in the full and free lawful use of their own private property. The citizens of the City of Wheatridge would be advised to adopt policies and procedures for addressing the rights of disabled individuals to make whole and free use of their own private property so long as it can be done in a manner which is architecturally sound and mechanically safe, regardless if it does not precisely fit the details of the Uniform Building Code. Products specifically designed to enhance the life of a disabled person so that they may access their private home should be available to the residents of the City of Wheatridge even though national building codes conflict. I am sending a copy of this letter to the Wheatridge City Attorney's office as I am asking them to advise ycu regarding the requirements of Title II of the A.D.A. Remedies include injunctive relief and attorney's fees. Howard v. Social Welfare, Department of (Vt. Sup. Ct.) 12/30/94, 655 A.2nd 1102, 5 A.D. Cases 1548; Dees v. Austin Travis Mental Health & Mental Retardation (Dist. Ct. W. Tex. 1994), 860 Fed. Supp. 1538, 4 A.D. Cases 720. If national uniform building codes conflict with important and federally protected rights of individually disabled citizens, it is the building codes, and not the rights of the disabled citizens that should yield. I am providing a courtesy copy of this letter to my city councilmembers as I have spoken with them on this issue previously. Kevin C. Smith KCS/amb cc: Ms.Janelle Shaver, 238-4397 ka\Florlifi\.\ ckrt.3 JAN-29-98 THU 1:11 PM GV COMMUNITY DEVELOPMENT FAX NO. 3037731238 OF GREENWOOD P. 1 iebec Street CO 80111 Fax: (303) 773- This message is intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, Thank you. To: Company: 6' 50O/~ From: Fax number called: S~ Original correspondence to follow by mail: Comments: Date: /'-I 'q - '9 X Pages Transmitted: Al - Yes No 01/29/98 THU 13:06 [TX/RX NO 62601 GORSUCH KIRGIS LLP ATTORNEYS AT LAW TOWER 1. SUITE 1000 11515 ARAPAHOE STREET I DENVER. COLORADO 80202 I TELEPHONE (303) 376-5000 I FACSIMILE (303) 376-5001 BRIAN P. JUMPS DIRECT DIAL (303) 376-5041 email: bjumps@gorsuch.com January 23, 1998 John Eckert Chief Building Official City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80215 Re: Smith/Notice of Appeal and File Dear John: Enclosed is a copy of the Notice of Appeal letter for the Smith appeal. Please have the letter re-typed on Wheat Ridge letterhead and send out as soon as possible with the enclosed copy of the code sections pertaining to the Advisory Board. I have also enclosed your file on this matter. Please do not hesitate to call should you have any questions or concerns. Sincerely yours, GORSUCH KIRGIS LLP Brian P. Jumps Enclosures E--~: Z -~q -I - January 23, 1998 f aJc- z14 -f Mr. Kevin C. Smith, Esq. and Mrs. Claudia A. Smith 650 South Cherry Street, # 820 Denver, Colorado 80246 Re: Appeal Hearing Before Building Code Advisory Board: Thursday, February 19, 1998 6:30 P.M. City of Wheat Ridge Municipal Building 7500 West 29" Avenue Wheat Ridge, Colorado 80215 Dear Mr. and Mrs. Smith W, Your appeal of my decision dated January 8, 1998 is scheduled for the above date, time and place. You are advised that you have the following rights pursuant to Wheat Ridge City Code Section 2-59 (copy enclosed) with respect to that hearing: • An attorney or another person may represent you at the hearing, or you may choose to represent yourself. You are entitled to present any written documents and the testimony of any witnesses. If you wish to call City employees as witnesses, who are not otherwise listed on the City's witness list, you must inform me on or before Monday, February 16, 1998, at 4:30 p.m., such that the City can arrange for them to be present. All witnesses, whether presented by you or by the City, will be subject to cross-examination by the other parry. • The City will disclose to you the witnesses and exhibits the City intends to introduce no later than February 12, 1998. The City will provide you with copies of all of its exhibits at this time. • You must provide us with copies of all exhibits you intend to introduce at the hearing on or before 4:30 p.m., Monday, February 16, 1998. BPJ\530271273050.01 Mr. Kevin C. Smith, Esq. and Mrs. Claudia A. Smith January 14, 1998 Page 2 • The City reserves the right to object to and/or move for a continuance of the hearing for failure to notify us regarding a witness or an exhibit on or before February 16, 1998. • The hearing will be recorded and a transcript can be provided to you upon request and payment of the charges. If you have any questions concerning the procedure for this hearing, please do not hesitate to contact me by telephone. Sincerely, CITY OF WHEAT RIDGE John Eckert Chief Building Official Enclosures BPl\53027\273050.01 ADMINLSTRATION ten request of the applicant within ten (10) days of the decision by filing such appeal with the city clerk for inclusion and place- ment on the agenda of the city council. M Renewal of the arborist license shall be upon application. Reconsideration of a renewal denial shall be made only after a public hearing is held Pursuant to subsection (e) above. (Code 1977, § 2-22) Cross referenoe-Trees and shrubs, Ch. 24. &Sec. 2.69. Building code advisory board. C(~ (a) There is hereby established a building code advisory board in order to determine the suitabil- ity of alternate materials and methods of construc- tion and to provide for reasonable interpretation of the provisions of the "Uniform Building Code." (b) The building code advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy con. servation in buildings for the city. (c) The board shall consist of members who are qualified by experience and trained to pass upon matters pertaining to building construction and shall have representatives from the following Cate. gories as regular members of the board: one (1) licensed engineer, one (1) licensed architect; one (1) builder, and two (2) at-large members from fields related to the construction industry. The alternate members of the building code advisory board may be members from any fields related to the construction industry. (d) The board shall have the authority to re- view any written final decision of the chief build- ing inspector upon the written request of the ap- plicant within ten (10) days of the decision by filing such appeal with the building department upon the building division forms designated for such purposes. The board shall not have the au- thority to recommend decreasing public safety or fire-resistive standards set forth in any city ordi. nance. Where specific materials, types of construc- tion or fire-resistive properties are required, such requirements shall be the minimum requirements, and any materials, types of construction or fire- resistive protection which will afford an equal or greater degree of safety or resistance to fire as specified in city ordinances may be recommended §260 (e) Procedures for hearing of appeals from writ, ten decisions of the chief building inspector shall be pursuant to subsection (d) above. In all hear- ings the petitioner shall have the opportunity to appear on his own behalf,.with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses pre- sented against him The building inspection divi- sion shall be given the opportunity to present evidence at all hearings. M The building code advisory board shall have the authority to promulgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board from written decisions of the chief building inspector. (Code 1977, § 2-23) Cross reference-Buildings and building regulations, Ch 5. Sec. 2-0. Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommends. tions to the city council. The city council shall adopt and approve the master plan after holding public hearings and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehen. sive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: established character, goals and objectives; Population; land use; economic base; public facilities; parks and open space; trans- portation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the Planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amend- ment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall 165 January 14, 1998 Mr. Kevin C. Smith, Esq. and Mrs. Claudia A. Smith 650 South Cherry Street, # 820 Denver, Colorado 80246 Re: Appeal Hearing Before Building Code Advisory Board: Thursday, February icl, 1998 6:30 P.M. CA, 7506-Vest 29' Avenue Wheat Ridge, Colorado 80215 Dear Mr. and Mrs. Smith Your appeal of my decision dated January 8, 1998 is scheduled for the above date, time and place. You are advised that you have the following rights pursuant to Wheat Ridge City Code Section 2-59 (copy enclosed) with respect to that hearing: • An attorney or another person may represent you at the hearing, or you may choose to represent yourself. • You are entitled to present any written documents and the testimony of any witnesses. If you wish to call City employees as witnesses, who are not otherwise listed on the City's witness list, you must inform me on or before Monday, February 26, 1998, at 4:30 p.m., such that the City can arrange for them to be present. All witnesses, whether presented by you or by the City, will be subject to cross-examination by the other parry. • The City will disclose to you the witnesses and exhibits the City intends to introduce no later than February 16, 1998. The City will provide you with copies of all of its exhibits at this time. • You must provide us with copies of all exhibits you intend to introduce at the hearing on or before 4:30 p.m., Monday, February 26, 1998. BPA53027\273050.01 Mr. Kevin C. Smith, Esq. and Mrs. Claudia A. Smith January 14, 1998 Page 2 • The City reserves the right to object to and/or move for a continuance of the hearing for failure to notify us regarding a witness or an exhibit on or before February 26, 1998. 'A certified shorthand reporter will record the hearing and a transcript will be provided to you upon request and payment of the reporter's charges. If you have any questions concerning the procedure for this hearing, please do not hesitate to contact me by telephone. Enclosures Sincerely, CITY OF WHEAT RIDGE John Eckert Chief Building Official BPJ\53027\273050.01 ,.an-.09-98 04:02P DEVREVFAX 303 235 zu! f r-Uez TO: Gerald Dahl FRONT: John Eckert DATE: January 9, 1998 RE; 3230 Oak St. Please review this appeal and send me any information i iat may be of help in it's processing. T would also like to request that you or a representative to in attendance at the appeal hearing. The hearing will be scheduled as soon as we receive your ccM iments and can arrange for a quorum. 0l/00/08 rRI 15:51 [TX/RX NO 55381 01/14/98 WED 02:59 [TX/RX NO 56391 7500 West 29' Ave. Wheat Ridge, Colorado 80215 Planning Phone # (303)235-2846 Parks and Recreation Phone # (303)235-2877 Public Works Phone # (303)235-2861 Fax #(303)235-2857 DATE / 99R TO Z9 FAX# 03 ~ -.SC2~ / FROM 2~j/y a1 k_ /U PHONE NUMBER OF PAGES (INCLUD[NG COVER SHEET) COMMENTS Original To Follow In The Mail a DY 0 RP OfficeJet Personal Printer/Fax/Copier Identification 93765001 Fax Log Report for DEVREVFAX 303 235 2857 Jan-OM8 03:54 PM Result Pages Tvne Date Time Duration Diagnostic OK 13 Sent Jan-09 03:46P 00:07:20 002586030022 7.10 To: Alan From: John Eckert Subject: 3230 Oak Date: January 9, 1998 MEMOMMOUM I would like to have Gerald Dahl review this appeal and be present during the appeals board meeting. o ~W up P ■ A. The first issue is safety. Property owners have engaged an architect, whose letter of January 7, 1998 and the architect's attached drawings which indicate a proposed method of abatement to bring the Florlift up to acceptable architectural and safety standards. (Attachment B). Also attached is a letter from the manufacturer of the lift, Florlift of New Jersey, Inc., dated December 9, 1997. (Attachment Q. This letter indicates that the Florlift has a 10 to 1 safety factor and a controlled descent feature which provides a safe, practical and affordable means for vertical transportation. Attachment C also includes a letter from the manufacturer of the lift indicating that the Florlift is covered by a $1,000,000.00 public liability policy and upon request a certificate of insurance can be forwarded. Attachment D are shop drawings which show that a professional engineer in another jurisdiction has accepted the lift as complying with engineering standards in this other jurisdiction. Property owners would argue that the Florlift was specifically manufactured for the intended purpose of bringing a wheelchair from the basement to the first floor. Attachment E includes a letter from the architect indicating that it will be installed in a safe and appropriate method and will comply with an architect's opinion of safety. Also, as a professional engineer has certified installation of an identical lift in another jurisdiction, the Building Department can be assured of it's safety is without question. The $1,000,000.00 public liability policy provides additional assurance. Property owners plan to hire a Colorado professional engineer to certify that the is safe from a mechanical engineering standpoint. B. Pursuant to the Americans With Disabilities Act, communities must provide reasonable accommodation to the disabled regarding application of rules and regulations. Property owner requests reasonable accommodation under the ADA and as grounds therefore would state (a) that the application of passenger elevator codes does not further the health, safety, morals or general welfare of the community as the Florlift is a private piece of equipment not for use of the public. Property owners request that the City of Wheatridge provide reasonable accommodation under the Americans with Disabilities Act to allow property owners to comply with architectural and engineering standards without strict adherence to building codes. C. Property owners would further argue that the application of elevator codes in this situation is unreasonable as the requirement does not substantially benefit the public health, safety or welfare of the City of Wheatridge. See Jones et al v. Board of Adjustment, 119 Colo. 420, 204 P. 2d 560, 563. A copy of this decision is attached. Property owners have a right to make free use of their property while at the same time balancing the needs of the public. After performing the balancing considerations, property owners argue that compliance with architectural, engineering, manufacturing and insurance standards is sufficient and that requiring the passenger elevator codes would not substantially further the public's interest. D. Property owners request that a variance from strict application of the elevator code 2 should be allowed due to undue financial, situational and other hardship of owner. Such variance will not substantially impair the intent or the purpose of the Building Department of the City of Wheatridge as the City will be assured that the Florlift is safe as reasoned above. See Johnson v. Board of County Commissioners, 406 P. 2d 338. 9. Property owner wishes to supplement this appeal with reports from a mechanical engineer and more elaborate architectural drawings either at or prior to the hearing which are unavailable at this time despite reasonable diligence of the property owners. WHEREFORE, Kevin C. and Claudia A. Smith verify under penalty of perjury that the above statements are true and correct to the best of their knowledge and belief. Respectfully f~ this g Esq.,# 13629 Claudia A. Smith (13f K c~(cn Property Owner CERTIFICATE OF HAND DELIVERY I hereby certify that I have delivered a true and correct copy of the foregoing Appeal Of Building Official's Decision Made November 10, 1997 by hand this 8th day of January, 1998 by placing the same in the United States mail, postage prepaid, addressed to: Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29' Avenue Wheat Ridge, CO 80215 La Office of Kevin C. Smith I=marft/P/VxW day of Jc, n~.aft , 1998. Property Owner 650 S. Cherry St., #820 Denver, CO 80246 CITY OF WHEATRIDGE, BUILDING DEPARTMENT REQUEST FOR EXTENSION OF TIME TO FILE A FORMAL APPEAL OF THE BUILDING OFFICIAL'S DECISION OF DECEMBER 10, 1997 In Re The Matter Of THE PRIVATE RESIDENTIAL HOME OF KEVIN C. AND CLAUDIA A. SMITH, 3230 OAK STREET, WHEATRIDGE, CO 80333. COMES NOW Kevin C. Smith and Claudia A. Smith, property owners of 3230 Oak Street and hereby request an extension of time to comply with the building official's request of December 10, 1997 and as grounds therefore states as follows: 1. On November 10, 1997 Chief Building Official John Eckert made a decision requiring owners to comply with applicable building codes. 2. By it's terms the Building Official's order requires compliance by January 8, 1998. 3. Property owners have engaged an architect. The architect needs additional time to prepare drawings and a proposed method of abatement and to otherwise develop compliance with the building official's order. The consultation with a professional engineer may also be necessary. 4. Duc to the holidays, prior commitments of the architect and other pressing business, the owners have sufficient time to comply with the building official's order as an assessment cannot be made before January 8, 1998. WHEREFORE, Kevin C. and Claudia A. Smith request an extension of time until February 7, 1997 to file a formal appeal of the building official's decision of December 10, 1997. -1-V Kevin C. Smith, Esq.,# 13629 Property Owner 650 S. Cherry St., #820 Denver, CO 80246 CERTIFICATE OF MAILING I hereby certify that I have mailed a true and correct copy of the foregoing Request For Extension Of Time To File A Formal Appeal Of The Building Official's Decision Of December 10, 1997 this AV~ day of e e 1997 by placing the same in the United States mail, postage prepaid, addressed to: Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29" Avenue Wheat Ridge, CO 80215 4P- w Office of Kevin C. Smith kaMort ifl/p/emmmm.mot Jan-09-98 04:03P DEVREVFAX 303 235 Z435V r-io CITY of WHEAT AI IGE 7tl00 typY 2VA (♦K1~4 . 13 ywe ~ /303 Oit ea Ei0-asba 1. •EYtlJ r. 13031 036'2er, 4- November 10, 1997 Kevin Smith 3230 Oak Sbeot. wheat Ridge. Co. 80033 Dcar Kevin Smith: On October 7, 1997, the property at 3230 Oak Street was granted a temporary certificate of Oeeupaney. The outstanding items on this document that were found to not be in co upliance were grading, landscaping and the elevator. These items must be brought into compliance before the I anporary Certificate of Occupancy expires on February 7, 1998, so that a permanent Certificate of Occupancy m ty be issued. If these items are not brought into compliance the city will pursue corrective actions, up to and inclta ing condemnation and eviction procedures. Listed below are the specific items that are found not to be in conk linnw; 1. The rear yard grading poses a hazard to the structural I ability of this house since the final grading allows the soil to be above the sill plates and in aontau with non treated lumber. 2, The landscaping was not in at time of final inspection. 7tis itura was resolved with an escrow agreainent. ( See escrow agreement ) 3. The elevator does not comply with minimum safety re4 drements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with a loptad standards. B_ The elevator must be replaced with one that 0010 dies with adopted standards. C. The elevator must be removed and the floor ropi trod whore the elevator was. Items one and three remain uncorroeted.and am considered code v elation under the Uniform Building Code Any person having any record title or legal interest in this buildi g may appeal from the notkv and order or any action of the Building Official to the housing advisory and appo: Is board, provided the appeal is made in writing as provided by,the code, and filed with the Building Official prit - to January 8, 1998. Failure to appeal will constitute a waiver of all rights to an abatement hewing and dett urination of the matter. If any questions arise regarding this matter, fool free to call me at 235-2853 oly; 1 John Eckert Chief Building Official in to~ UAn91l ol/09/98 FRI 15:51 fTX/RX NO 55351 01/14/98 WED 02:59 [TX/RX NO 56391 VMUI • LJHNL FHUNt NU. 303 674 1837 Jan. 14 1998 04:16W9 P43 Jan-09-98 04:03P DEoVLREVpuFAX ,nc,,.w-.=...,'`r`~`~'•••`•~~ 03/07/399H 1:l: y~ • SANDRA K. TtIC MPSON Archile- I Jams try 7, 1998 Mr. Kevin Smith 3230 Oak Street Wheat Ridge, Colorado 80033 bear Kevin: As par our conversation of December 14, 1997, 1 am providing the architcohhral services required to assess and propose an alternative solution to i is, problem regarding the wheel chair lift at your new home. I have, received a copy of the letW S im John Eckert. Chief Building Official for the City of Wheat Ridge and spoke also with him r %sarding this matter. 1 believe the issue exists in two parts, mechanical and arehitoetural. The rnechaoical safety issue would be better iddresse 1 by looking at the requirements for this particular type of lift 1 atachod die copies of the inforir pion from the lift manufacturer, Florlift of Now Jersey, including the letter of safety features c'this particular lilt I spoke with them briefly concerning this issue and they were confident n their eortipliance to the local codes. :Howaver, I would recommend that a local mechanical mginaer review the shop drawings and ANSUASME 17.1 requirements to determine any deficits t srcas. Architecturally, l would proposed the following mod[ ications: 1. Enclose die lilt floor to ceiling, at the perimctt r of she lift at the basement level (See arteched). 2. Provide a suitable door at the basement and main floor levels that would have a inagnaric cock, uimvited to the main mutrols for the lift. s. ah drat it would require that both deorc be secured prior to operation of the lift. 3. Provide an emergency alamt is the carriage of th i lift in the event of erh emergency that would be dod into your house security systan. 4. Provide a detail at the lift door in the closet that is sold allow it to be supported oilier than the existing ledge condition, minimizing pinch poi im I would suggest that you file the appeal to the Cie r of Wheat Ridge as we continue ro investigate the problem. Please do not hesitate to call no if you have any further questions or conoerns. Sinter lykOM4 andn Pro Arebitect 1326 SOUTH ECM STREET • DENV9:% COLORADO - 80222 PHONE: 303.7S6,1905 01/00/08 FRi 15:x1 ITX/M NO 55381 01/14/98 WED 02:59 [TX/RX NO 56391 rNU : UHHL PHONE N0. : 303 674 1837 Jan. 14 1998 04:16RM P44 Jan-09-WU U4:U:31N UtvKt Ve-sk7c .sus cso cacti r_vi tll/17 //17ylf ls:aa DO31sLGOUt irvr. v~w.~~• wr ~ I I I ` 1 s I 1 L___.._ 01/09/98 FRI 15;51 11'X/RX NO 55381 01/14/98 WED 02:59 [TX/RX NO 5639] CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIMEC LoNn 00215 (303) 235-2953 F.; (303) 235-2857 December 31, 1997 Kevin Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Dear Kevin Smith: In response to your request of December 29 1997 to obtain an extension on the temporary certificate of occupancy . It is the position of the City of Wheat Ridge Building Department that this request be denied, and that this project by your written request be brought before the board of appeals for consideration. Listed below are the specific items that are found not to be in compliance, and the procedure for filing an appeal; 1. The rear yard grading poses a hazard to the structural stability of this house since the final grading allows the soil to be above the sill plates and in contact with non treated. lumber. 2. The landscaping was not in at time of final inspection. This item was resolved with an escrow agreement. ( See escrow agreement ) 3. The elevator does not comply with minimum safety requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted standards. B. The elevator must be replaced with one that complies with adopted standards. C. The elevator must be removed and the floor replaced where the elevator was. Items one and three remain uncorrected and are considered code violations under the Uniform Building Code. Any person having any record title or legal interest in this building may appeal from the notice and order or any action of the Building Official to the housing advisory and appeals board, provided the appeal is made in writing as provided by the code, and filed with the Building Official prior to January 8, 1998. Failure to appeal will constitute a waiver of all rights to an abatement hearing and determination of the matter. If any questions arise regarding this matter, feel free to call me at 235-2853 S' ere y, / C'"-1 John Eckert Chief Building Official The City of 7500 WEST 29TH AVENUE ' WHEAT RIDGE. CO 80215-6713 (303) 234-5900 W heat City Admin. Fax 234-5924 Police Dept. Fax # 235-2949 ~Rld ge December 15, 1997 Kevin Smith 3230 Oak Street Wheat Ridge, Colorado 80033 Dear Mr. Smith, In your letter dated 11-19-97, to the Wheat Ridge Building Department, you requested a copy of Part XXV Limited-Use/Limited - Application section of the ASMEA 17.1 1996 Safety Code for Elevators and Escalators. The ASME prohibits reproduction of this document in any form. This Code book can be purchased locally. The LULA section of the code is not the section used for private residence elevators. The section covering this subject is Part XXI (Private Residence Inclined Stairway Chairlifts and Inclined and Vertical Wheelchair Lifts). The scope of this section states " this part applies to the vertical wheelchair lifts" (Section 2 100), inclined wheelchair lifts (Section2101), and inclined stairway chairlifts (Section 2102 "where installed in or at a private residence for use by the physically handicapped". Part XXI also refers to other parts of the ASME. Other codes such as UBC, Uniform Building Code and NEC, National Electrical Code also apply in the installation of Vertical Wheelchair Lifts. If you have any further questions, please contact the Wheat Ridge Building Department at 235-2855. Sincerely, Jack Bultman/ City Elevator Inspector Jo E ert/ Chief Building Official H RECYCLED PAPER BUILDINGS AND BUILDING REGULATIONS § 5-76 k (17N :i lam,; y1 Secs. 5-46-5-55. Reserved. DIVISION B. ELECTRICAL INSPECTIONS* Sec. 5-56. Generally. All electrical work performed under the provi- sions of this chapter shall be subject to inspection by the division and certain types of work shall have continuous special inspection by privately employed qualified inspectors. All inspections, except those requiring a special inspection, shall be requested at least twenty-four (24) hours in advance of the actual physical inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-57. Certificate of test; retest and sus- pension of certificate. (a) The chief building official may, at his op- tion, accept a certificate of test from a licensed contractor in lieu of actual inspection. Such cer- tificate shall be on a form prescribed by the chief building official, shall be signed by a responsible representative of the licensed person, and shall set forth the date of test and the results obtained therefrom. (b) The chief building official or his authorized representative may retest any installation or as- sembly on which a certificate has been filed and, in the case of substantial discrepancy in the results of this test, may suspend any contractor's privilege to file such certificate in lieu of actual inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-58. Type required. Required inspections shall include, but not be limited to, the following: (1) Rough-in first inspection which shall con- sist of all conduits, semirigid piping or wiring being in place prior to covering. (2) Final inspection to be made when the work is completed and operating. (Ord. No. 1996-1039, § 1, 7-29-96) *State law reference-Electrical inspection fees, C.R.S. § 12-23-117. Supp. No. 18 345 Sec. 5-59. Record card. No construction work, including new work, additions, alteration and repairs for all occupan- cies, shall be commenced until the permit holder or his agent shall have posted an inspection record card in a conspicuous place so as to allow the division to conveniently make the required entries thereon regarding inspection of the work. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-60. Approval of work beyond inspec- tion point and foundation work to be covered. (a) Electrical work shall not be performed on any portion of a building, structure or utility beyond the point indicated in each successive inspection without fast obtaining the approval of the building inspection division. Such approval shall be given only after an inspection shall have been made of each successive step in the construc- tion as indicated by each of the inspections in this article. (b) Foundation work, reinforcing steel or struc- tural framework of any part of any building, structure or utility shall not be covered or con- cealed in any manner whatever without first obtaining the approval from the division on every building, structure or utility when the same is complete and ready for occupancy. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-61. Exposure of work. Whenever any electrical work is covered or concealed by additional work, or by furniture, fixtures, or merchandise, without first having been inspected as required, the building inspec- tion division may order, by written notice, that such work be exposed for examination. The work of-exposing and recovering shall not entail ex- pense to the city. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-62-5-75. Reserved. ARTICLE III. TECHNICAL CODES Sec. 5-76. Building code. (a) Adoption. The Uniform Building Code, 1994 Edition, copyright 1994, by the International Con- § 5-76 WHEAT RIDGE CITY CODE ference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601-2298, 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 Uniform Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Ex- cept as otherwise provided hereafter, such Code is adopted in full, including the outline of contents, index and appendices contained therein. Appen- dices numbered chapter 16, chapter 21; chapter 30; chapter 19; chapter 18; chapter 12 and chap- ter 13 are not adopted. (b) General interpretations. The following gen- eral interpretations are made in this section: (1) Frost line shall be established as two (2) feet below finish ground surface. (2) Wind load shall be established as thirty (30) pounds per square foot of wind pres- sure. (3) Roof live load shall be established as thirty (30) pounds per square foot. (4) The city is hereby established as being within seismic zone one (1). (c) Amendments. The Uniform 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 Uni- form Building Code. Section 3404, Moved Buildings and Temporary Buildings, is amended as follows: Renumber ex- isting first paragraph as subsection (1) and add the following subsections: "(2) Complete plans and specifications shall be prepared on move-in houses or struc- tures and submitted to the chief building official with application for permit as re- quired for new construction. "(3) Before acting on such application, the chief building official shall make or cause to be made an inspection of the structure to be moved. This inspection shall be known as the pre-permit inspection. "(4) A pre-permit inspection fee in the amount of sixty dollars ($60.00), plus two-way mileage at the current city mileage reim- bursement rate per estimated mile shall be paid to the city in advance. "(5) After the inspection, if the structure to be moved meets the regulations of the build- ing code or can be made to conform to the code, the application for permit may then be accepted by the chief building official. "(6) After the preinspection, the chief building official shall transmit to the applicant a letter, setting forth the respects, if any, in which the structure fails to meet the code and the corrections deemed necessary to bring the building into conformity with the building code. "(7) When the above requirements have been met, insofar as the plans and specifica- tions, the preinspection, and the applica- tion for building permit, the chief building official may issue the building permit. The permit fee shall be the same as that required for new construction with no credit allowable for pre-permit inspection fee paid. "(8) After the building permit is issued, a moving permit may be issued by the build- ing inspection division, subject to ap- proval of the chief of police and the direc- tor or public works. "(9) To ensure compliance with all applicable sections of the building code, all required inspections shall be made, and a certifi- cate of occupancy issued, before occu- pancy is permitted, as is required for new construction." Section 104.2.1, General, is amended by deleting the existing paragraph and substituting in its place the following: "Sec. 104.2.1 General. The chief building official is hereby authorized and directed to enforce all the provisions of this code. For such purposes, the chief building official, and his designee(s), shall have and possess, and shall be entitled to exercise, the powers of a law enforcement officer, which powers include, not by way of limitation, the authority to issue and serve summons or other legal process, to ini- 1. ' Supp. No. 18 346 3 BUILDINGS AND BUILDING REGULATIONS § 5-76 tiate, file, and prosecute complaints with the appropriate judicial bodies; and all other pow- ers and authority necessary to enforce or to aid in enforcement of this code." Section 106 2, Exempted Work, is amended, by deleting the following subsections: "1. One-story detached accessory buildings, etc. "2. Fences not over 6 feet high. "7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below and less than 500 square feet in area." Section 304, Fees, shall be amended as follows: (1) Section 304(b), "Permit Fees," is deleted and substituted in its place is the follow- ing: "(b) Permit Fees. A fee for each build- ing permit shall be paid to the city trea- surer prior to the issuance of any such permit. Said fee may be collected by the city treasurer or his designee, including the chief building official." (2) Section 304(c), 304(d) and 304(e) and'sec- tion 305(8) are deleted in their entirety. Section 306(x), General, is amended by adding "when required by the chief building official" after the words "special inspector." Section 102.5.1, [Solid-Fuel-Burning Factory Fire- places], shall be added to read as follows: "(d) Every new or remodeled solid-fuel- burning factory fireplace shall have perma- nently installed either: "(1) Approved gas logs; or "(2) Other approved gas or alcohol-specific ap- pliances; or "(3) A phase III certified device as defined in Federal Regulations 40 CFR Part 60 Sub- part AAA, section 41-728 or other solid- fuel-burning device meeting the most strin- gent emission standards for wood stoves established under state statute and/or reg- ulations promulgated by the Colorado Air Quality Control Commission existing at Supp. No. 18 the time of installation of the fireplace, as demonstrated by test by an Environmen- tal Protection Agency accredited labora- tory, and which is safety tested to Underwriter's Laboratory standards." Section 3102.7, General, shall be added to read as follows: "Sec. 3102.7.1 General. Every new or re- modeled masonry fireplace shall have perma- nently installed either: "(1) Approved gas logs; or "(2) Other approved gas or alcohol-specific ap- pliances; or "(3) A phase III certified device as defined in Federal Regulations 40 CFR Part 60 Sub- part AAA, section 41-728 or other solid- fuel-burning device meeting the most strin- gent emission standards for woodstoves established under state statute and/or reg- ulations promulgated by the Colorado Air Quality Control Commission existing at the time of installation of the fireplace, as demonstrated by a test by an Environmen- tal Protection Agency accredited labora- tory, and which is safety tested to Underwriter's Laboratory standards. Chapter 33 of the Uniform Building Code is modified to read as follows: "The director of public works may be substi- tuted for chief building official as appropriate throughout this chapter." Add the following paragraph to subsection 3301.1: "Each application for a single-family building permit shall be submitted with an accompanying overlot grading plan. The overlot grading plan shall address overlot grading and shall show how existing drainage patterns will be affected and maintained by proposed construction. The fine [final] grading plan for single family homes may be prepared by the permit applicant. ".Upon completion of review and approval of the overlot grading plan, the director of public works may issue a grading and fill permit to the appli- cant if all the requirements of the public works department have been met. 347 § 5-76 WHEAT RIDGE CITY CODE "Upon completion of construction activity con- tained in the building permit and associated fill and grading permits for a single-family building permit, the applicant shall certify to the city in writing that the work performed is in substantial compliance with the information contained in the overlot grading plan. This certification must be received by the building inspection division prior to issuance of a certificate of occupancy. The grading and fill permit does not address or in- clude excavations and/or fill required to construct building foundations or basements. "Each application for a multifamily, industrial or commercial building permit shall be submitted with an accompanying drainage report and plan, site grading and erosion control plan. These doc- uments must be prepared by a Colorado-regis- tered professional engineer. "Upon completion of review and approval of the drainage report and plan, [and] the site grading and erosion control plans, the director of public works may issue a grading and fill permit to the applicant if all the requirements of the depart- ment of public works have been met. "The building permit and grading and fill per- mit for a site will be simultaneously issued by the building inspection division. "Upon completion of construction activity con- tained in the building permit and associated drainage report and plan, the site grading and erosion control plan for a multifamily, commercial or industrial permit, the registered engineer pre- paring this information shall certify in writing to the city that the work performed on the site is in substantial compliance with the information con- tained in these documents. This certification must be received by the building inspection division prior to issuance of a certificate of occupancy. The grading and fill permit does not address or in- clude excavations and/or fill required to construct building foundations or basements." Amend subsection 3310.2 as follows: Delete the last sentence reading. "For excavation and fill on the same site, the fee shall be based upon the volume of excava- tion or fill, whichever is greater" and replace with the following sentence "For excavation and fill on the same site, the fee shall be based upon the sum total of the volumes of excavation and fill." Amend Table A-33A, Grading Plan Review Fees, as follows: Single-family home $15.00 (Or) less than 100 CY 15.00 Note: The remainder of the fee structure remains unchanged. Amend Table A-33B, Grading Permit Fees, as follows: Single-family home $15.00 (Or) less than 50 CY 15.00 Note: The remainder of the fee structure remains unchanged. (d) Items of work for which a permit is re- quired under this chapter which are commenced before a permit is secured shall be assessed fees for permits in triple the amounts prescribed in the permit's fee schedule. This penalty shall be in addition to the investigation fee referenced in section 107.5.1 of the Uniform Building Code. (Ord. No. 1996-1039, § 1, 7-29-96) Charter reference-Adoption by reference. § 5.16. State law reference-Adoption by reference, C.R.S. § 31-16-201 et seq. Sec. 5-77. National Electrical Code. (a) Adopted. The National Electrical Code, 1993 Edition, copyright by the National Fire Protection Association, Batterymarch Park, Quincy, Massa- chusetts, 02269, is hereby adopted by reference thereto and incorporated into this. chapter as though fully set out herein as the electrical code of the city. Except as otherwise provided in this chapter, such code is adopted in full, including the index and appendix 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. ~i N Supp. No. IS 348 (b) Amendments. The National Electrical Code, adopted by this section is hereby amended as follows (section numbers refer to section numbers of the National Electrical Code): Section 310-2(b) is amended by adding a new sentence to read: BUILDINGS AND BUILDING REGULATIONS "Aluminum conductors under size 8 are not allowed." Section 336.4, "Uses Not Permitted," is amended by the addition of the following paragraph (c): "(c) These types shall not be used in any group A, B, E, H, I, R3, S or U occupancy (as defined in the Uniform Building Code, 1994 Edition." (c) Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construc- tion, quality of materials, use and occupancy, location and maintenance of all buildings, struc- tures and utilities and certain equipment specif- ically regulated herein. (d) Electrical permit fees. Electrical permit fees as governed by the state electrical board shall be as follows: All fees, except for inspection in mobile homes and travel parks, shall be computed on the dollar value of the electrical installation, includ- ing time and material (total cost to the customer) and such fees shall be computed based upon the electrical fee structure published by the State of Colorado at time of obtaining the permit. (e) Items of work for which a permit is re- quired under this chapter which are commenced before a permit is secured shall be-assessed fees for permits in triple the amounts prescribed in the permit's fee schedule. This penalty shall be in addition to the investigation fee referenced in section 107.5.1 of the Uniform Building Code. (Ord. No. 1996-1039, § 1, 7-29-96) Charter reference-Adoption by reference, § 5.16. State law reference-Adoption by reference, C.RS. § 31-16-201 et seq. Sec. 5-78. Mechanical code. (a) Adoption. The "Uniform Mechanical Code," 1994 edition, copyright 1994, by the International Conference of Plumbing and Mechanical Officials, Supp. No. 18 349 § 5-78 20001 Walnut Drive South, Walnut, California, 91789-2825, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the mechanical code of the City of Wheat Ridge. One copy of said Uniform Mechan- ical Code shall be filed in the office of the city clerk and may be inspected during regular busi- ness hours. Except as otherwise provided hereaf- ter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The publication adopted in subsection (a) is amended as follows. Section numbers referred to herein refer to and corre- spond with the section numbers of the Uniform Mechanical Code. Section 11.5.0, Permit Fees, is hereby deleted and substituted in its place is the following: "(b) Permit fees. Any person, corporation or other entity desiring a permit required by this code shall, at the time of filing an application therefor, pay a fee to the city treasurer. The amount of said fee shall be as established by Uniform Building Code section 107 in its en- tirety." Section 117 2, Temporary Connections, is amended by adding the following provisions to the existing section: "In case of illness or similar emergency or at times when the chief building official's office is closed, equipment may be connected by the utility company and the chief building official is to be notified at the beginning of his next regular work day; provided, that this authority is granted only to regulated public utilities and that such regulated public utility shall notify the customer that this connection is authorized for only a seventy-two-hour period and is sub- ject to approval of the chief building official within such period." Section 308, Location, is amended by the addition of the following provisions: "Fuel gas-fired appliances shall not be in- stalled in bathrooms, closets or recesses used for wearing apparel or cleaning equipment." (c) Items of work for which a permit is re- quired under this chapter which are commenced § 5-78 WHEAT RIDGE CITY CODE before a permit is secured shall be assessed fees for permits in triple the amounts prescribed in the permit's fee schedule. This penalty shall be in addition to the investigation fee referenced in section 107.5.1 Of the Uniform Building Code. (Ord. No. 1996-1039, § 1, 7-29-96) Charter reference-Adoption by reference, § 5.16. State law reference-Adoption by reference authorized, C.R.S. § 31-16.201 et seq. Sec. 5.79. Plumbing code. (a) Adopted. The Uniform Plumbing Code, 1994 Edition, by the International Association of Plumb- ing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California, 91789-2825, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the Uniform Plumbing Code of the city. One copy of said Uniform Plumbing Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as other- wise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The plumbing code adopted by this section is hereby amended as follows (section numbers referred to herein refer to and correspond with the section numbers of the Uni- form Plumbing Code): Section 103.4, Permit Fees. Delete the entire sec- tion and replace with the following: "Any person desiring a permit required by this code shall, at the time of filing an applica- tion therefor, pay a fee to the city treasurer. Permit fees shall be as established by Uniform Building Code section 107 in it entirety. Delete Table No. 1-1, Plumbing Permit Fees. Section 103.9, Board of Appeals. This section shall be added and will read as follows: "In order to determine the suitability of alternate materials and methods of installa- tion, and provide reasonable interpretation of the provisions of this code, the building code advisory committee previously established by chapter 2 of the Code of Laws of the city shall have authority to hear and decide those mat- ters delegated to it, and all matters requiring use of a board of appeals by this plumbing code." (c) Items of work for which a permit is re- quired under this chapter which are commenced before a permit is secured shall be assessed fees for permits in triple the amounts prescribed in the permit's fee schedule. This penalty shall be in addition to the investigation fee referenced in section 107.5.1 of the Uniform Building Code. (Ord. No. 1996-1039, § 1, 7-29-96) Charter reference-Adoption by reference, § 5.16. State law reference-Adoption by reference authorized, C.R.S. § 31-16-201 at seq. Sec. 5-80. Uniform Code for the Abatement of Dangerous Buildings. (a) The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, copyright 1994, by the International Conference of Building Offi- cials, 5360 Workman Mill Road, Whittier, Califor- nia, 90601-2298, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the code of the City of Wheat Ridge for the abatement of dangerous buildings. One copy of said Uniform Code for the Abatement of Dangerous Buildings shall be filed in the office of the city clerk and may be inspe^ted during regular business hours. Such code is hereby adopted in full. (b) Items of work for which a permit is re- quired under this chapter which are commenced before a permit is secured shall be assessed fees for permits in triple the amounts prescribed in the permit's fee schedule. This penalty shall be in addition to the investigation fee referenced in section 107.5.1 Of the Uniform Building Code. (Ord. No. 1996-1039, § 1, 7-29-96) Charter reference-Adoption by reference, § 5-16. State law reference-Adoption by reference authorized, C.R.S. § 31-16-201 at seq. Sec. 5-81. Sign and wrecking permit fees. (a) Sign fees shall be fifteen dollars ($15.00) per sign (single or double face). Wrecking permit fees shall be ten dollars ($10.00) per address. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-82-5-100. Reserved. Supp. No. 18 350 05/26/98 TUE 13:22 FAX 303 376 5001 x001 *zz**z**e*za*:x*a**a*z *zz TX REPORT s*z TRANSMISSION OK TX/RX NO 4262 CONNECTION TEL 3776003 SUBADDRESS CONNECTION ID ST. TIME 05/26 13:21 USAGE T 01'13 PGS. 3 RESULT OK TO: OF: CITY: F ROM: C ATE: MESSAGE: GORSUCH KIRGIS LLP ATTOm,,'Eys AT LAW N TIME: PLEASE REVIEW ❑ PLEASE RESPOND ❑ This message may constitute privileged attorney-client communication or attorney work product, and un authorized use or disclosure is prohibited. If you are not the intended recipient of this message, please advise us by calling collect at (303) 376-5141 and forwarding the document to us by mail to the address listed below. CLIENT NAME: ,r Q- kl~ FILE NO : _ FF,X NO.: 3 J r~ 2 (ot)9 PHONE NO,: L, s STATE: r R~ lc FINDINGS AND CONCLUSIONS OF THE WHEAT RIDGE BUILDING CODE ADVISORY BOARD A meeting of the Wheat Ridge Building Code Advisory Board (hereinafter "Board") was held at 6:30 p.m., February 19, 1998, to consider the appeal of Kevin C. and Claudia A. Smith ("Appellants") of 3230 Oak Street, Wheat Ridge, Colorado This appeal arose from a decision of the Chief Building Official that the temporary certificate of occupancy ("TCO") issued to the Appellants should not be extended, nor a certificate of occupancy issued, based upon violations of an elevator/lifting device which was installed in the Smith residence at 3230 Oak Street. The Chief Building Official denied the continuance of the temporary certificate of occupancy based upon the fact that the elevator/lifting device violated the provisions of the 1994 Uniform Building Code as adopted by the City of Wheat Ridge ("City") and more specifically the ASME/ANSI Safety Code for Elevators and Escalators ("Safety Code") as adopted by the 1994 Uniform Building Code ("UBC"). Findings The Board finds from the evidence presented by the City, specifically that of the Chief Building Official, John Eckert, and the elevator inspector, lack Bultman, that the provisions of the UBC and the Safety Code were violated by the installation of the elevator/lifting device. Additionally, Appellant Kevin Smith stipulated at the outset of the hearing that said elevator/lifting device was in violation of the applicable codes. The Board additionally finds, pursuant to Sec. 2-59 of the Code of Laws of the City, that it (the Board) has the authority to provide for reasonable interpretation of the provisions of the UBC. Pursuant to that authorin , and after lengthy testimony provided by witnesses for the City and witnesses for the Appellants, and on consideration of that testimony, the Board makes the following findings: 1. A temporary certificate of occupancy will be granted to Appellants for an additional 30 days. Specifically, the TCO shall run from February 20, 1998, to March 22, 1998. 2. During the 30-day period in which the TCO is effective, Appellants shall provide documents to the Chief Building Official providing for corrections to the elevator/lifting device as set forth during the hearing, including working drawings of corrections stamped by a professional architect and meeting the UBC standards. 3. The Appellants shall have 45 days after March 22, 1998 (until May 6, 1998) to complete work on the elevator/lifting device in conformance with the drawings which have been submitted to and approved by the City. Upon conformance with those drawings, the City will issue a certificate of occupancy to Appellants. 4. Appellants shall execut2 a hold harmless agreement which will hold the City, the Board, the building inspector, the elevator inspector, and all agents and employees of the PFK153027\277038.01 City from any liability relating to any property or personal damage of any type whatsoever occurring as a result of the operation of the elevator/lifting device at 3230 Oak Street. 5. Appellants shall provide a surety bond to ensure that when the device is no longer used by the Appellants for whatever reason, including the Appellants moving from the property, sale of the property, or any other reason, that the device will be completely removed from the premises. If said device is not removed within 30 days after the event causing the removal, the City may cash the bond, enter upon the property, and have the device removed. 6. Appellants agree that, upon reasonable notice by the City, they will allow Wheat Ridge inspectors upon the premises to inspect the elevator/lifting device. DATED this _ day of February, 1998. WHEAT RIDGE BUILDING CODE ADVISORY BOARD Chairman 2 BUILDINGS AND BUILDING REGULATIONS § 5-2 f ~ i ARTICLE I. IN GENERAL Sec. 5-1. Purpose. The purpose of this chapter is to provide min- imum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and main- tenance of all buildings, structures and utilities within the city and certain equipment specifically regulated herein. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon (abandoned): The desertion of a build- ing, structure or utility. "Abandon" shall also mean when all utilities are disconnected and/or the building, structure or utility is left to the mercy of vandalism, dilapidation, deterioration and creates a fire hazard, an unsafe condition or a nuisance. Adequate (sufficient): Found to be acceptable by the division, by the use of reasonable and customary standards. Alter or alteration: Any change, rearrange- ment, addition or modification in construction or occupancy. Approved (approval): To be officially acceptable or satisfactorily meeting the basic requirements of this chapter. Approved agency: An established and recog- nized agency regularly engaged in conducting tests or furnishing inspection services when such agency has been approved by the division. Approved as to methods, materials and types of construction: Approval by the division as the result of investigation and tests conducted, or by reason of accepted principles or tests by national authorities, technical or scientific organizations or by the standards established within this chap- ter. Supp. No. 18 335 Authorized representative: Includes members of the building inspection division, authorized inspection personnel of the fire district having jurisdiction as well as inspection personnel of the health department having jurisdiction. Board: The building code advisory board. Building: A structure, including utilities, en- closed with a roof and within exterior walls built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. Building code: The total content of this chapter together with the content of the various standard codes adopted by this chapter. Building, existing: Any building actually con- structed or started under properly issued building permit previous to the adoption of this chapter, or located on land annexed to the city or built prior to the requirement of a building permit. Building official: The chief building official or his authorized representative. Combustible material: One which does not meet the requirements of the definition of noncombus- tible material. Construction: All labor and materials used in the framing or assembling of component parts in the erection, construction, raising, demolition and removal of any appliance, device, building, struc- ture or utility. Department of planning and development: The city department consisting of the planning divi- sion, code enforcement division and the building inspection division. The department is headed by the director of planning and development. Department of public works: The city depart- ment consisting of the engineering division and street maintenance division. The department is headed by the director of public works. Department shall mean the department of pub- lic works. Deterioration: As applied to buildings, struc- tures, equipment and materials, includes corro- sion„ decay, wear and tear through abuse, obso- BUILDINGS AND BUILDING REGULATIONS § 5-5 sn" Sec. 54. Resolution of conflicts. If there are any conflicts between the provi- sions of any of the articles of this chapter, the more restrictive provisions or requirements shall govern. (Code 1977, § 5-26) Sec. 54. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pur- suant to section 2-34: (1) The city may bring a civil action in the municipal court to have the violation de- clared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abate- ment by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to con- tinue, or by the mayor, the director of plan- ning and development, or the chief of police or their designated representatives. (2) The civil action to declare and abate a vio- lation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any wit- ness to the violation. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint. The appear- ance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants Supp. No. 6 a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for ap- pearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the nonappearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the mu- nicipal court in an action to abate a viola- tion of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine not to exceed nine hun- dred ninety-nine dollars ($999.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional pen- alty may be imposed. (6) In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure as presently adopted and as amended hereafter from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of Chapter 5 is sought. In the event of any discrepancy between any of the provisions of Chapter 5 and those ap- 336.1 i BUILDINGS AND BUILDING REGULATIONS (8) Plumbing and sanitary systems and all appurtenances. (9) Signal and annunciator systems. (10) Gas, oil and solid fuel-fired appliances, piping, controls, burners and their appur- tenances. (11) Evaporative cooling, antennas, wells and equipment, water heaters, gas lights, fences. (12) Swimming pool piping, gasoline pumps, (2) L.P.G., liquid fuel and gasoline tanks and piping. (13) Telephone and cable TV lines and facili- ties. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-3. Scope. The provisions of this chapter shall extend to and govern the following: (1) Construction, addition, alteration, repair, demolition, conversion, removal, moving, occupancy and maintenance of any build- ing, structure, utility service hereafter constructed or other work in the public way. (2) Alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, struc- ture, utility service heretofore constructed or other work in the public way. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-4. Resolution of conflicts. If there are any conflicts between the provi- sions of any of the articles of this chapter, the more restrictive provisions or requirements shall govern. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5.5. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The city may bring a civil action in the municipal court to have the violation de- Supp. No. 18 337 (3) (4) § 5-5 clared as such by the court and to have the court enjoin the violation or to autho- rize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to con- tinue, or by the mayor, the director of planning and development, director of pub- lic works or the chief of police or their designated representatives. The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases. Any employee or agent of the city of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "re- spondent"), or a subpoena upon any wit- ness to the violation. Trial shall be to the court. A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants a continu- ance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. Upon the date and time specified for ap- pearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the BUILDINGS AND BUILDING REGULATIONS § 5-24 n 3:= _ Z AYE but may not be removed from the building inspec- tion division. Except as provided by law, specific investigation records on individual cases and li- cense applications are not open to the public except by direction of the mayor, or order from the court. (b) Plans on file in the building inspection division shall not be made available to the public for reproduction, tracing or copying. Nothing in this chapter is to be interpreted as prohibiting the city from microfilming or digital imaging and storage of any plans and specifications for file purposes within the city. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-22. Inspections-Authority of chief building official; investigations and surveys. The chief building official shall have the au- thority to inspect, or cause to be inspected for compliance with this chapter, all buildings, struc- tures and utilities. Incidental to any of these duties and powers, but without limitation of same, the division shall conduct investigations and sur- veys to determine compliance or noncompliance with the provisions of this chapter and shall investigate or cause to be investigated all acci- dents pertaining to buildings, structures or utili- ties for the purpose of ascertaining whether the requirements of this chapter have been violated. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-23. Same-Regular program. (a) A program of regular and continuous in- spection of existing manufacturing, commercial and residential buildings and structures within this city hereby is found and determined to be necessary to provide and maintain the minimum standards of public health and safety required to be provided for by law. (b) Such a program of inspection hereby is authorized and approved, and the appropriate fire departments and health department, having jurisdiction in the city, and the building inspec- tion division, are authorized and directed to make such inspections of such property as they deter- mine are required to make such a program effec- tive. Supp. No. 18 339 (c) In the implementation of such a program of inspection, the duly authorized inspection person- nel of such departments hereby are authorized and directed to use all means provided by law to such inspections. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-24. Right of entry. (a) Generally. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, or whenever the chief build- ing official or his authorized representative, or any authorized inspection personnel of the fire departments or health department, has reason- able cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazard- ous, unsafe or dangerous for any reason specified in this chapter or other similar law, the chief building official or his authorized representative hereby is authorized to enter such property at any reasonable time, or during normal business hours, and to inspect the same and perform any duty imposed upon the chief building official by this chapter or other applicable law; provided that: (1) If such property be occupied, he shall first present proper credentials to the occu- pant and request entry explaining his reasons therefor. (2) If such property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry is refused or cannot be obtained because the person having control of the property cannot be found after due dili- gence, the chief building official or his authorized representative shall have re- course to every remedy provided by law to secure lawful entry and inspect the prop- erty. Notwithstanding the foregoing, if the chief build- ing official or his authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the BUILDINGS AND BUILDING REGULATIONS § 5-39 r m development plan, including, but not limited to, landscaping, drainage, traffic flow, parking and park and street dedication. Building permits will not be issued unless such development plan has received the approvals subject to additional engi- neering requirements by the department of public works and/or the planning division. (b) A licensee and/or his authorized represen- tative shall be required to sign all applications for permits issued to him. The licensee shall submit a list annually to the division indicating the lic- ensee signature and those of his authorized rep- resentatives. An applicant for an owner's permit shall be required to sign all applications for permits issued in his name. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-36. Validity. (a) The issuance of a permit or the approval of drawings and specifications shall not be con- strued to be a permit for, nor an approval of, any violation of the provisions of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter ensued. When such vio- lation occurs and correction notices are not fol- lowed, the permit shall be deemed to be canceled and the building, structure or utility shall be made to conform with the provisions of this chap- ter or shall be removed or demolished. (b) The issuance of a permit, based upon draw- ings and specifications, shall not prevent the division from thereafter requiring the correction of violations in the drawings and specifications or from stopping unlawful building operations being carried on thereunder. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-37. Expiration and cancellation. (a) Generally. Every permit shall expire if the work authorized by such permit is not commenced within sixty (60) days from the issue date of such permit, or if the work authorized is suspended or abandoned for a period of one hundred twenty (120) days at any time after the work is started. Expired permits shall be canceled and no refund of the permit fee shall be made. Before such work can be commenced or resumed, a new permit shall Supp. No. 18 341 be obtained and the fee therefor shall be one-half the amount required for the original permit, pro- vided that no changes have been made in the original drawings and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. If the permit holder can demonstrate that the suspen- sion or abandonment was occasioned by circum- stances beyond his control and that it would be an injustice to require a fee for a new permit, the same may be issued without charge at the sole discretion of the chief building official. (b) Exception: The work authorized by a wreck- ing or moving permit shall be commenced within thirty (30) days from the date of issuance of such permit and shall be continuous until the work authorized by such permit is completed. If such work is suspended or abandoned for a period of ten (10) days after the work is commenced, the permit shall expire. For the purpose of this sec- tion, the definition of "continuous" shall be the normal rate of progress in completion of a project in keeping with good building or demolition prac- tices. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-38. Revocation and suspension-Gen- erally. The building inspection division may revoke or suspend any permit or may stop the work for any of the following reasons: (1) Whenever there is a violation or suspicion of a violation of any provision of this chapter or any city ordinance which the division is empowered to enforce. (2) Whenever the continuance of any work becomes dangerous to life or property. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-39. Same-Notice. The notice of revocation or suspension of the permit in every instance shall be in writing and shall be served upon the holder of the permit, the owner of the property or the person having charge of the work. After the notice is served, it shall be unlawful to proceed with any work for which such permit was issued. Revoked permits shall be A", , (c) Standards for preparation; content. Draw- ings, when required, shall be made to scale upon substantial paper, plastic or cloth and the draw- ' ings and specifications shall be complete and of sufficient clarity to indicate the entire nature and extent of the work proposed and to indicate in detail that the building, structure and utilities will conform to the provisions of this chapter, current subdivision regulations in effect at the time the permit is issued, and all relevant laws, ordinances, rules and regulations. Mechanical drawings, specifications and analyses shall con- tain: (2) At least single line drawings (including typical isometric) of plumbing, heating N and air-treatment systems. (3) BTU rating of gas units, including method of combustion air supply, type of refriger- ation and horsepower and gas meter loca- tions. (4) Heating, ventilation, cooling and fire pro- tection details. Electrical drawings, specifications and analyses shall contain: (5) The name, signature and address of the person or firm responsible for the prepa- ration of such drawings and specifica- tions. The seal of the engineer or architect responsible for the preparation of such drawings and specifications stamped on each drawing and signature affixed thereto. (6) A complete electrical layout with a service diagram showing load breakdown and sizes of service and feeder conductors and loca- tion of feeder panels. Additional information required by the division may include: (7) Reports of an independent testing agency which substantiates the requirements of § 5-44 this chapter regarding structural or fire resistive characteristics of the building or portion thereof. BUILDINGS AND BUILDING REGULATIONS (8) Calculations indicating the determina- tion of sizes of elements of the structure. (9) Any other information that maybe deemed necessary in the determination of compli- ance with requirements of this chapter. (10) Complete elevator layout. (d) Disposal after final inspection. After final inspection has been made upon completion of the work approved in a set of drawings and specifica- tions, the division copy of such drawings and specifications shall be disposed of in the following manner: (1) All drawings and specifications pertain- ing to city-owned buildings, structures or utilities shall be kept in a permanent file. (1) The name, signature and address of the person or firm responsible for preparation of such drawings and specifications. The seal and signature of the engineer(s) and/or architect(s) responsible for the prepara- tion of such drawings and specifications shall appear on each drawing. (2) Other drawings and specifications may be disposed of at any time after two (2) years have elapsed from the date of issuance of the permit. (3) Drawings and specifications submitted for checking only may be disposed of after sixty (60) days. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-44. Compliance with subdivision reg- ulations. Prior to the issuance of a certificate of occu- pancy for new construction of a dwelling or main building, applicable subdivision regulations exist- ing at the time the building permit was issued shall be complied with by the owner or his as- signs. This shall include the proper installation of curb, gutter and sidewalk in compliance with the adopted standards, installation of streets adja- cent to the building site as required by the regu- lations, installation of proper fire hydrants to meet the standards adopted, proper connection to public water and sewer facilities as required by the regulations, and compliance with other adopted standards. (Ord. No. 1996-1039, § 1, 7-29-96) Supp. No. 18 343 BUILDINGS AND BUILDING REGULATIONS § 5-76 1 Z= Secs. 5-46-5-55. Reserved. Sec. 5.59. Record card. i DIVISIONS. ELECTRICAL INSPECTIONS* Sec. 5.56. Generally. All electrical work performed under the provi- sions of this chapter shall be subject to inspection by the division and certain types of work shall have continuous special inspection by privately employed qualified inspectors. All inspections, except those requiring a special inspection, shall be requested at least twenty-four (24) hours in advance of the actual physical inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-57. Certificate of test; retest and sus- pension of certificate. (a) The chief building official may, at his op- tion, accept a certificate of test from a licensed contractor in lieu of actual inspection. Such cer- tificate shall be on a form prescribed by the chief building official, shall be signed by a responsible representative of the licensed person, and shall set forth the date of test and the results obtained therefrom. (b) The chief building official or his authorized representative may retest any installation or as- sembly on which a certificate has been filed and, in the case of substantial discrepancy in the results of this test, may suspend any contractor's privilege to file such certificate in lieu of actual inspection. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-58. Type required. Required inspections shall include, but not be limited to, the following: (1) Rough-in first inspection which shall con- sist of all conduits, semirigid piping or wiring being in place prior to covering. (2) Final inspection to be made when the work is completed and operating. (Ord. No. 1996-1039, § 1, 7-29-96) *State law reference-Electrical inspection fees, C.R.S. § 12-23-117. Supp. No. 18 No construction work, including new work, additions, alteration and repairs for all occupan- cies, shall be commenced until the permit holder or his agent shall have posted an inspection record card in a conspicuous place so as to allow the division to conveniently make the required entries thereon regarding inspection of the work. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-60. Approval of work beyond inspec. tion point and foundation work to be covered. (a) Electrical work shall not be performed on any portion of a building, structure or utility beyond the point indicated in each successive inspection without first obtaining the approval of the building inspection division. Such approval shall be given only after an inspection shall have been made of each successive step in the construc- tion as indicated by each of the inspections in this article. (b) Foundation work, reinforcing steel or struc- tural framework of any part of any building, structure or utility shall not be covered or con- cealed in any manner whatever without first obtaining the approval from the division on every building, structure or utility when the same is complete and ready for occupancy. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5.61. Exposure of work. Whenever any electrical work is covered or concealed by additional work, or by furniture, fixtures, or merchandise, without first having been inspected as required, the building inspec- tion division may order, by written notice, that such work be exposed for examination. The work of -exposing and recovering shall not entail ex- pense to the city. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-62-5-75. Reserved. ARTICLE III. TECHNICAL CODES Sec. 5-76. Building code. (a) Adoption. The Uniform Building Code, 1994 Edition, copyright 1994, by the International Con- 345 xo- ; "we BUILDINGS AND BUILDING REGULATIONS tiate, file, and prosecute complaints with the appropriate judicial bodies; and all other pow- ers and authority necessary to enforce or to aid in enforcement of this code." Section 106.2, Exempted Work, is amended, by deleting the following subsections: "1. One-story detached accessory buildings, etc. "2. Fences not over 6 feet high. 7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below and less than 500 square feet in area." Section 304, Fees, shall be amended as follows: C ~ (1) Section 304(b), "Permit Fees," is deleted and substituted in its place is the follow- ing: "(b) Permit Fees. A fee for each build- ing permit shall be paid to the city trea- surer prior to the issuance of any such permit. Said fee may be collected by the city treasurer or his designee, including the chief building official." (2) Section 304(c), 304(d) and 304(e) and sec- tion 305(g) are deleted in their entirety. Section 306(a), General, is amended by adding "when required by the chief building official" after the words "special inspector." Section 102.5.1, [Solid-Fuel-Burning Factory Fire- places], shall be added to read as follows: "(d) Every new or remodeled solid-fuel- burning factory fireplace shall have perma- nently installed either: "(1) Approved gas logs; or "(2) Other approved gas or alcohol-specific ap- pliances; or "(3) A phase III certified device as defined in Federal Regulations 40 CFR Part 60 Sub- part AAA, section 41-728 or other solid- fuel-burning device meeting the most strin- gent emission standards for wood stoves established under state statute and/or reg- ulations promulgated by the Colorado Air Quality Control Commission existing at Supp. No. 18 § 5-76 the time of installation of the fireplace, as demonstrated by test by an Environmen- tal Protection Agency accredited labora- tory, and which is safety tested to Underwriter's Laboratory standards." Section 3102.7, General, shall be added to read as follows: "Sec. 3102.7.1 General. Every new or re- modeled masonry fireplace shall have perma- nently installed either: "(1) Approved gas logs; or "(2) Other approved gas or alcohol-specific ap- pliances; or "(3) A phase III certified device as defined in Federal Regulations 40 CFR Part 60 Sub- part AAA, section 41-728 or other solid- fuel-burning device meeting the most strin- gent emission standards for woodstoves established under state statute and/or reg- ulations promulgated by the Colorado Air Quality Control Commission existing at the time of installation of the fireplace, as demonstrated by a test by an Environmen- tal Protection Agency accredited labora- tory, and which is safety tested to Underwriter's Laboratory standards. Chapter 33 of the Uniform Building Code is modified to read as follows: "The director of public works may be substi- tuted for chief building official as appropriate throughout this chapter." Add the following paragraph to subsection 3301.1: "Each application for a single-family building permit shall be submitted with an accompanying overlot grading plan. The overlot grading plan shall address overlot grading and shall show how existing drainage patterns will be affected and maintained by proposed construction. The fine [final] grading plan for single family homes may be prepared by the permit applicant. ".Upon completion of review and approval of the overlot grading plan, the director of public works may issue a grading and fill permit to the appli- cant if all the requirements of the public works department have been met. 347 \i 1 ~i BUILDINGS AND BUILDING REGULATIONS (b) Amendments. The National Electrical Code, adopted by this section is hereby amended as follows (section numbers refer to section numbers of the National Electrical Code): Section 310-2(b) is amended by adding a new sentence to read: "Aluminum conductors under size 8 are not allowed." Section 336-4, "Uses Not Permitted," is amended by the addition of the following paragraph (c): "(c) These types shall not be used in any group A, B, E, H, I, R3, S or U occupancy (as defined in the Uniform Building Code, 1994 Edition." (c) Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construc- tion, quality of materials, use and occupancy, location and maintenance of all buildings, struc- tures and utilities and certain equipment specif- ically regulated herein. (d) Electrical permit fees. Electrical permit fees as governed by the state electrical board shall be as follows: All fees, except for inspection in mobile homes and travel parks, shall be computed on the dollar value of the electrical installation, includ- ing time and material (total cost to the customer) and such fees shall be computed based upon the electrical fee structure published by the State of Colorado at time of obtaining the permit. (e) Items of work for which a permit is re- quired under this chapter which are commenced before a permit is secured shall be assessed fees for permits in triple the amounts prescribed in the permit's fee schedule. This penalty shall be in addition to the investigation fee referenced in section 107.5.1 of the Uniform Building Code. (Ord. No. 1996-1039, § 1, 7-29-96) Charter reference-Adoption by reference, § 5.16. State law reference-Adoption by reference, C.R.S. § 31-16-201 et seq. Sec. 5.78. Mechanical code. (a) Adoption. The "Uniform Mechanical Code," 1994 edition, copyright 1994, by the International Conference of Plumbing and Mechanical Officials, Supp. No. 18 349 § 5-78 20001 Walnut Drive South, Walnut, California, 91789-2825, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the mechanical code of the City of Wheat Ridge. One copy of said Uniform Mechan- ical Code shall be filed in the office of the city clerk and may be inspected during regular busi- ness hours. Except as otherwise provided hereaf- ter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The publication adopted in subsection (a) is amended as follows. Section numbers referred to herein refer to and corre- spond with the section numbers of the Uniform Mechanical Code. Section 11.5.0, Permit Fees, is hereby deleted and substituted in its place is the following: "(b) Permit fees. Any person, corporation or other entity desiring a permit required by this code shall, at the time of filing an application therefor, pay a fee to the city treasurer. The amount of said fee shall be as established by Uniform Building Code section 107 in its en- tirety." Section 117.2, Temporary Connections, is amended by adding the following provisions to the existing section: "In case of illness or similar emergency or at times when the chief building official's office is closed, equipment may be connected by the utility company and the chief building official is to be notified at the beginning of his next regular work day; provided, that this authority is granted only to regulated public utilities and that such regulated public utility shall notify the customer that this connection is authorized for only a seventy-two-hour period and is sub- ject to approval of the chief building official within such period." Section 308, Location, is amended by the addition of the following provisions: "Fuel gas-fired appliances shall not be in- stalled in bathrooms, closets or recesses used for wearing apparel or cleaning equipment." (c) Items of work for which a permit is re- quired under this chapter which are commenced Ic9L9 ON xH xLl tf,:91 Now 86/60/ZO ( L F'0~\ \ 1 No.15 90:0701 TITLE II OF THE AMEI ICANS WITH DISABILITIES ACT: TECHNICAL 4,SSISTANCE MANUAL Following is the text of the JI slice Department's Technical Assistance Manual for Title 11, which addresses ADA's equirements for state and local governments. DOJ released the manual electronically on Jan. 24, 1992; subsequently, the department released a print version. DOJ issu d revisions and additions to the manual, dated January 1993. The manual was prep tred pursuant to ADA's Title 1V, Sec. 12206(c)(3), p. 70:0021. The Americans with Disabilities Act has se our sights on removing the barriers that deny indi idu- als with disabilities an equal opportunity to sha -e in and contribute to the vitality of American life. The ADA means access to jobs, public accommodal ons, government services, public transportation, and telecommunications - in other words, full pa t:ici- pation in, and access to, all aspects of society. Through the provision of technical assist: vice, such as this manual, we hope to achieve our gr tl of making the A DA's promise of equal opportunil ir for individuals with disabilities a reality while ho ding costly litigation to a minimum. We anticipate that many of the barriers facing individuals with di: abil- ities will disappear through the sincere, info toed efforts of Americans to voluntarily comply wit I the ADA. , We in the Civil Rights Division wholeheat edly share the goals of the ADA and have comn itted ourselves to implementing and enforcing this landmark civil rights legislation in the fairest, most effective manner possible. John R. Dunne Assistant Attorney General Civil Rights Division INTRODUCTION of Justice to promote voluntary compliance with the requirements not only of title 11, but also of title Ill of the ADA, which applies to public accommoda- tions, commercial facilities, and private entities of- fering certain examinations and courses. The purpose of this technical assistance manual is to present the ADA's requirements for State and local governments in a format that will be useful to the widest possible audience. The guidance provid- ed in the Department's regulations and accompany- ing preambles hus been carefully reorganized to provide a focused, systematic description of the ADA's requirements. The manual attempts to avoid an overly legalistic style without sacrificing completeness. In order to promote readability and understanding, the text makes liberal use of ques- tions and answers and illustrations. The manual is divided into nine major subject matter headings with numerous numbered sub- headings. Each numbered heading and subheading is listed in a quick reference table of contents at the beginning of the manual. The numbering system is designed to facilitate planned periodic updates of the manual. TABLE OF CONTENTS II-1.0000 COVERAGE 11-1.1000 General 11-1.2000 Public entity 11-1.3000 Relationship to title III 11-1.4000 Relationship to other laws II-1.4100 Rehabilitation Act 11-1.4200 Other Federal and State laws 11-2.0000 QUALIFIED INDIVIDUALS WITH DISABILITIES II-2.1000 General 11-2.2000 Physical or menial impairments II-2.3000 Drug addiction as an impairment This technical assistance manual address) s the requirements of title 11 of the Americans with Disa- bilities Act, which applies to the operations of State and local governments. It is one of a series of i tanu- als to be issued by Federal agencies under s action 506 of the ADA to assist individuals and enti ies in understanding their rights and duties undt r the Act. This manual is part of a broader progr to of technical assistance conducted by the Depal :ment a-93 Copyright in 19, 3 by Tha Bureau of National Affairs. Inc. 107 ZO'd LS83 S£Z £O£ XVAAANA30 d£S:10 86-60-Clad IE9L9 ON XM/X,LI 66:ET NON 96/60/90 BNA'S AMERICANS WITH DISABILITIES ACT No.14 90:0711 um's obligation to provide a different auxi iary aid, such as an assistive listening device, f( r an individual with impaired hearing who doe not use sign language. 11-3.5000 Eligibility criteria 11-3.5100 General. A public entity may no im- pose eligibility criteria for participation in its pro- grams, services, or activities that either sereel out or tend to screen out persons with disabilities un- less it can show that such requirements are n :ces- sary for the provision of the service, prograrI, or activity. ILLUSTRATION 1: The director of a cc i.nty recreation program prohibits persons wh use wheelchairs from participating in county- lton- sored scuba diving classes because he be] eves that persons who use wheelchairs prol ably cannot swim well enough to participate An unnecessary blanket exclusion of this n Lure would violate the ADA. ILLUSTRATION 2: A community colle; c re- quires students with certain disabilities (I be accompanied to class by attendants, even when such individuals prefer to attend classes lnac- companied. The college also requires ind vidu- als with disabilities to provide extensive nedi- cal histories, although such histories ar: not required from other students. Unless th col- lege can demonstrate that it is necessary for some compelling reason to adopt these po icies, the policies would not be permitted b , the ADA. 11-3.5200 Safety. A public entity may it [pose legitimate safety requirements necessary fc r the safe operation of its services, programs, or .ctivi- ties. However, the public entity must ensure t at its safety requirements are based on real risks, :ot on speculation, stereotypes, or generalizations, about individuals with disabilities. ILLUSTRATION: A county recreatio I pro- gram may require that all participants in its scuba program pass a swimming test, if it can demonstrate that being able to swim is ieees- sary for safe participation in the class. "his is permitted even if requiring such a test would tend to screen out people with certain k ads of disabilities. 11-3.5300 Unnecessary inquiries. A public entity may not make unnecessary inquiries into the exis- tence of a disability. ILLUSTRATION: A municipal recreation de- partment summer camp requires parents to fill out a questionnaire and to submit medical doc- umentation regarding their children's ability to participate in various camp activities. The questionnaire is acceptable, if the recreation department can demonstrate that each piece of information requested is needed to ensure safe participation in camp activities. The Depart- ment, however, may not use this information to screen out children with disabilities from ad- mittance to the camp. 11-3.5400 Surcharges. Although compliance may result in some additional cost, a public entity may not place a surcharge only on particular individuals with disabilities or groups of individuals with disa- bilities to cover these expenses. ILLUSTRATION: A community college pro- vides interpreter services to deaf students, removes a limited number of architectural bar- riers, and relocates inaccessible courses and activities to more accessible locations. The col- lege cannot place a surcharge on either an in- dividual student with a disability (such as a deaf student who benefited from interpreter services) or on groups of students with disabili- ties (such as students with mobility impair- ments who benefited from barrier removal). It may, however, adjust its tuition or fees for all students. 11-3.6000 Reasonable modifications 11-3.6100 General. A public entity must reason- ably modify its policies, practices, or procedures to avoid discrimination. If the public entity can dem- onstrate, however, that a modification would funda- mentally alter the nature of its service, program, or activity, it is not required to make the modification. ILLUSTRATION 1: A municipal zoning ordi- nance requires a set-back of 12 feet from the curb in the central business district. In order to install a ramp to the front entrance of a phar- macy, the owner must encroach on the set- back by three feet. Granting a variance in the zoning requirement may be a reasonable modi- fication of town policy- 3-93 Copyrignl III 1S G by The Bureau of National Aaairs, Inc. at £O-d LSSZ S£Z £O£ XH3A3NA3❑ d£S=iO 56-60-Cla3 [£9L9 ON X21/X11 VD:£T NOR 96/60/l0 90:0712 TECHNICAL ASSISTANCE & RESOURCES ILLUSTRATION 2: A county general reli :f program provides emergency food, shelter, al <I cash grants to individuals who can dcmc t- strate their eligibility. The application prose: s, however, is extremely lengthy and comple c. When many individuals with mental disabi i- ties apply for benefits, they are unable to coi i- plete the application process successfully. At a result, they are effectively denied benefits :o which they are otherwise entitled. In this ca; e, the county has an obligation to make reasc n- able modifications to its application process to ensure that otherwise eligible individuals a -e not denied needed benefits. Modifications to the relief program might include simplifyiig the application process or providing applicat is who have mental disabilities with individu A- ized assistance to complete the process. ILLUSTRATION 3: A county ordinance p o- hibits the use of golf carts on public highwa 's. An individual with a mobility impairment u, es a golf cart as a mobility device. Allowing i se of the golf cart as a mobility device on Ile shoulders of public highways where pedesi,i- ans are permitted, in limited circumstan- cs that do not involve a significant risk to tie health or safety of others, is a reasonable me Ii- fication of the county policy. 11-3.6200 Personal services and devices. A put lic entity is not required to provide individuals w th disabilities with personal or individually prescril ed devices, such as wheelchairs, prescription eyegh;s- es, or hearing aids, or to provide services of a I !r- sonal nature, such as assistance in eating, toileti tg, or dressing. Of course, if personal services or le- vices are customarily provided to the individt its served by a public entity, such as a hospital or nursing home, then these personal services she ild also be provided to individuals with disabilities. 11-3.7000 Contracting and licensing II-3.7100 Contracting. A public entity may tot discriminate on the basis of disability in contract jig for the purchase of goods and services. ILLUSTRATION 1: A municipal govern :nt may not refuse to contract with a cleaning cr- vice company to clean its government bu (d- ings because the company is owned by an i di- l vidual with disabilities or employs individuals with disabilities. 11-3.7200 Licensing. A public entity may not discriminate on the basis of disability in its licens- ing, certification, and regulatory activities. A per- son is a "qualified individual with a disability" with respect to licensing or certification, if he or she can meet the essential eligibility requirements for re- ceiving the license or certification. The phrase "essential eligibility requirements" is particularly important in the context of State li- censing requirements. While many programs and activities of public entities do not have significant qualification requirements, licensing programs of- ten do require applicants to demonstrate specific skills, knowledge, and abilities. Public entities may not discriminate against qualified individuals with disabilities who apply for licenses, but may consider factors related to the disability in determining whether the individual is "qualified." ILLUSTRATION: An individual is not "qual- ified" for a driver's license unless he or she can operate a motor vehicle safely. A public entity may establish requirements, such as vision re- quirements, that would exclude some individu- als with disabilities, if those requirements are essential for the safe operation of a motor vehi- cle. BUT: The public entity may only adopt "es- sential" requirements for safe operation of a motor vehicle. Denying a license to all individ- uals who have missing limbs, for example, would be discriminatory if an individual who could operate a vehicle safely without use of the missing limb were denied a license. A pub- lic entity, however, could impose appropriate restrictions as a condition to obtaining a li- cense, such as requiring an individual who is unable to use foot controls to use hand controls when operating a vehicle. A public entity does not have to lower or elimi- nate licensing standards that are essential to the licensed activity to accommodate an individual with a disability. Whether a specific requirement is -.es- sential" will depend on the facts of the particular case. Where a public entity administers licensing examinations, it must provide auxiliary aids for ap- 3-93 aNA'S Annenc ns with Disabilities Act Manual 52 SO-d LSSZ SEE EOE XVAAAMA30 dbS=TO 56-60-cla3 JAN-29-98 THU 1:12 PM GV COMMUNITY DEVELOPMENT FAX NO. 3037731238 P. 2 PM GV COMMUNITY DEVELOPMENT FAX NO. 3037731238 P. 3 ASME A17.1-1996 PART XXI PRIVATE RESIDENCE INCLINED STAIRWAY CHAIRLIFTS AND INCLINED AND VERTICAL WHEELCHAIR LIFTS SCOPE NOTE: See Part XX for the requirements for equipment installed in locations other than in or at a private residence. SECTION 2100 PRIVATE RESIDENCE VERTICAL WHEELCHAIR LIFTS Rule 2100.1 Runways 2100.1a Guarding (1) The runway shall be guarded at the upper landing by a door at least 36 in. (914 mm) high of solid construction and provided with a combination mechanical lock and electric contact. The door may be opened only if the platform is within 2 in. (51. mm) of that landing. (21 A smooth vertical fascia of unperforated con- struction shall be securely fastened from the upper landing sill to the level of the lower landing sill. It shall be equal to or stronger than 0.0598 in. (1.519 mm) sheet steel and guard the full width of the platform. The fascia shall not be permanently de- formed when a force of 125 Ibf (556 N) is applied on any 4 in. (102 mm) by 4 in. (102 mm) area. (3) A metal guard at least 6 in. (152 mm) in height and extending the full width of the platform shall be installed on the lower landing side of the platform to prevent a wheelchair from rolling off the platform. The guard shall be automatically actuated by the movement of the platform away from the lower landing, and it shall remain in the elevated position until the platform returns to the lower landing. (4) The guard shall be operated with positive cam action or provided with an electric contact which shall stop the platform if the guard is not fully elevated when the platform has traveled 6 in. (152 mm) away from the lower landing. (5) The guard shall not be permanently deformed when a force of 125 Ibf (556 N) is applied at any point on a 4 in. (102 mm) by 4 in. (102 mm) area. (6) The sides of the platform not used for entrance or exit shall be guarded to a height of 36 in. (914 mm) by smooth construction with no openings, other than those necessary for the operation of the lift. Those openings necessary for operation shall reject a ball t/a in. (13 mm) in diameter. (7) The underside of the platform shall be equipped with a device which, if the platform is obstructed in its downward travel by a force not to exceed 4 Ibf (17.8 N) applied anywhere on its underside, will actuate a contact which shall cause electric power to be removed from the driving-machine motor and brake and cause the platform to stop its downward motion within 2 In. (51 mm). Motion may resume when the force is removed. When the installation conforms to the requirements of Rule 2000.11a or 2000.1b, the sensing device on the underside of the platform is not required. (8) The platform-to-sill clearance at the upper land- ing shall not exceed a/4 in. (19 mm). 2100.1b Pipes in Runway Vicinity. Pipes conveying steam, gas, or liquids which, if discharged Into the runway of the platform, would endanger life or health shall not be permitted. - 2100.1e Lower Level Access Ramp. A retractable ramp may be mounted on the platform. When in use, the incline of the ramp shall not be greater than: (1) 1 in 6, for heights up to 2112 In. (64 mm); Ihts greater than 21/2 in. (64 mm) (76 mm); ~ights 3 in. (78 mm) or greater. and the full width of the platform. ly the movement of the platform Lur landing and it shall remain pplatform is away from the lower play also be used as the guard ~p0.ta. ,operated by a positive mechani- !provided with an electric contact movement of the platform within Is lower landing if the ramp has elevated position. (,Equipment and Wiring jn of electrical equipment and h to the requirements of ANSI/ pment shall be certified to the k 844.11ASME A17.5. aI Support. The structure on t is installed shall be capable of loads imposed. (Clearance. Headroom clearance 0 of travel shall be not less than s measured vertically from the inform to the requirements of 10.6, 206.8, and 200.9a. Where Ie rails are provided they shall requirements of Rules 200.9b s shall be designed to maintain lil alignment and to withstand to limitations stipulated in Rule Means and Sheaves shall be one of the following: I hydraulic c lequirements safety, based an the static load the weight of the car, ropes, to be used in the design of sheaves, shall not be less than: fa) 8 for steel, bronze, or other metals having an elongation of at least 14% in a length of 2 in. 451 mm); (b) 10 for cast iron or other metals having an elongation of less than 14% in a length of 2 in. ($1 mm). (2) Set screws and bolts shall conform to the re- quirements of Rule 208.4. Shaft fillets and keys shall conform to the requirements of Rule 208.5. (3) Friction gearing, clutch mechanisms, or cou- plings shall not be used to connect a driving machine drum or sheave to the main driving mechanism. (4) Worm gearing having cast iron teeth shall not be used. (5) Driving-machine chains and sprockets shall be of steel and shall conform in design and dimensions to the requirements of ANSI B29.1. (6) Winding drums and overhead deflecting sheaves shall be of cast iron or steel, and have a pitch diameter of not less than 30 times the diameter of the suspension ropes, except that where 8 x 19 steel ropes or 7 x 19 steel aircraft cable are used, the pitch diameter of the drums and sheaves may be reduced to 21 times the diameter of the rope or cable. The rope grooves shall be machined. 2100.3b Hydraulic Driving. Machines. Direct- plunger hydraulic driving machines, where used, shall conform to the requirements of Section 302. Roped-hydraulic machines shall conform to the requirements of Section 302, except for Rules 302.1a, 302.2, 302.3c, and 302.3g. 2100.3c Screw Machines. Screw machines, where used, shall conform to the requirements of Section 1804. NOTE (Rule 2100.3c): Rated speed shall not exceed 30 ft/ min (o.16 m/s). Overspeed shall not exceed 75 ft/min (0.38 Ms). 2100.3d Machine Framework and Base. The ma- chine framework, base, and fastenings to the build- ings, where used, shall be of metal construction, have a factor of safety of not less.than 5 based on the rated load, and shall be secured in place with support provided to limit their deflections to '/4 in. (6.4 mm) maximum in any direction under rated load. Cast iron shall not be used. 2100.3e Guiding Member Enclosures. The guiding members shall be enclosed with a solid enclosure to prevent accidental contact-If openings are neces- sary in this enclosure for operation, ihey'shall reject a ball 3/. In. (19 mm) in diameter. 2100.3f Machinery Beams and Supports (1) All machinery and sheaves shall be so sup- ported and secured to prevent any part becoming 1961 01/29/98 TIfU 13:06 [TX/RX NO 62601 01/29/98 THU 13:06 [TX/RX NO 62601 logy to save e quality of tesearch will ly need a aph r Reeve iticant funds lbled, along ,eeve-Irvine niversity of eeve contin- egislators to I both fronts. rrganizations -hich coordi- he disabled, here groups :nd medicaid people, and through the -ed Reeve's t, its emer- I. Those who long ago accepted and learned to live with their disabilities know how important any efforts are toward improving their lives. Joanne Petersen of Lakewood, Colorado, has been a paraplegic, a mother, a wife, a student, and a volunteer ever since her car accident on icy roads thirteen years ago. "It's wonderful to push for a cure," she says, "but in the meantime, you still have to live." She stressed the need for more accessibility, although she's seen a lot of progress over the years. She and her husband Jeff's greatest joy comes from helping others. Although they have two teenage daughters, they found the time to serve Thanksgiving dinner to the homeless during a blizzard. "It helps us see how lucky we are," she said. Jeff has returned to school to become a nurse, and Joanne is finishing her degree in psychology at Colorado Christian University. After that, she plans to get her masters in counseling. Inclusion of the disabled into the mainstream is essential, emphasized Reeve. "Our business leaders need to reach out and say, `Hey, you can work for us, you can be a part of the com- munity.' Not only do the disabled need to be useful," he continued, "but every- body who takes advantage of their tal- ents will get more reward than they can possibly imagine." Gil Casarez, a volunteer with Adapt in Denver, has a lot of capabilities to work. He may not be able to do what he once did, but that does not mean his productive life is over. Casarez broke his neck in a diving accident in 1980, and was told he would never walk or use his arms again. However, he proved his doctors wrong and not only has some use of his arms. but can move ACCENT ON LIVING-SPRING, 1997 hi, legs. It took him about three or four years to accept the fact that this was his new life and he better live it. He began by talking to people with the same injury lie had. "Helping others fulfills my life," he said. "It helps me." Adapt is a national organization fighting for 25% of the government funds now aimed at nursing homes to be used for in-home care instead. They M, ieve the disabled deserve the choice they don't always have about where they live. Denver is one of the few cities that have a program for in-home care in place, and many disabled move here to take advantage of it. However, some can't stay as they have trouble with the altitude. Reeve seemed to be struggling; He jerked slightly, with almost every sen- tence, as if gasping for air. Yet he kept on cracking jokes while carrying out his commitment to share with others, enlighten and inspire them. "I wouldn't recommend a spinal cord injury to anyone," he quipped in answer to a question about what he's learned about them. "I have learned," he went on, "that while I've lost a lot, I feel I've gained a lot of understand- ing in other ways - in a strange way, I'm becoming a better person." Indeed, Christopher Reeve has shown that "the most important parts of a person's body are the brain and the heart." He urged the disabled and their caretakers to focus on the future, not to spend their lives looking back, as he once did in his dreams, not to say that the best part of their lives are over, but to meet the new challenges before them, and do it better than anyone ever dreamed they could. FLOR RESIDENTIAL WHEELCHAIR LIFT WITH TRAPDOOR APPPOYEB BY INSURAIJU CAPmEn The FLORLIFT is one of the safest, easiest to operate, and most inexpen. sive methods of raising a wheelchair from floor to floor. e FLORLIFT is designed to raise a person in a wheelchair from basement to lst or 2nd floor. is FLORLIFT can travel from first floor to basement in 15 seconds. e FLORLIFT can carry up to 1000 In. with complete safety. e FLORLIFT is easy to install in only6 hours. Delivered complete ly knocked down. a FLORLIFr is custom built to tit your specific and individual re quirements. e FLORLIFT can be installed in a shaftway or without a shattway. FLORLIFTS are manufactured in various models for all residential, com- mercial, and industrial uses. We excel in designing invalid lifts for public buildings, completely automatic and with enclosed cabs. TIME PAYMENTS AVAILABLE FLOR L I" FLORLIFT with passenger in OF NEW JERSEYpac. wheelchair, ready to rise to first 41 Lew enee SL, FJet Onnpe, NJ 070 floor. Fingertip control keeps lifts Dealer For information and plans movement in the control of the Inquiries 1.800-752-LIFT passenger at all times. Invited ,om,.ee „r„ c...,,,,, M mm ACCENT ON WING-SPRING, 1997 79 'Jun-24-98 10-37A DEVREVFAX 303 235 2857 P.01 7500 West 2V' Ave. Wheat Ris{.ge, Colorado 80215 Planning Phone # (30.?0235-2846 Parks and Recreation Phone 4 (303)235-2877 Public Works Phone # (103)235-2861 Fax # (303)235-2857 DATE_a2 i 1 6orr f 1e~ FAX#_~87 -7063 61 4ck~ k 0 TO Z~5 A4~- Ak - PHONE # NUMBER OF PAGES (INCLUDING COVER SHEET' 15 COMMENTS 010 4Yh`! Original To Follow In The Mail ❑Yes .PTO Jun-24-95 10:37A DEVREVFAX 303 235 2857 P.02 DEVICE REMOVAL-SURETY-iNDEMI TIFICATION AGREEMENT A. Introd ti in Kevin C. Smith and Claudia A. Smith, here fter "homeowners", installed a Florlift, hereafter "Device" into their newly constructed residt nee at 3230 Oak Street, Wheatridge, CO 80033, hereafter "residence". The Device did not ::omply with the applicable building and elevator codes, hereafter "Elevator Codes", as it did n it contain an emergency brake feature and other features that are required by the Elevator Code Although the Device was designed and a arketed for the intended use in other jurisdictions, the City of Wheatridge Building Inspec tors, hereafter "City", did not approve it for installation into the residence. Homeowners regc ested a variance which was the topic of a February 12, 1998 Building Department Hearing, tereafter "Hearing". Subsequent to the Hearing the homeowners and the City attempted a re solution of the matter. The City granted a conditional variance to the homeowners and the homeowners entered into an agreement concerning the device which woulc allow the homeowners to keep the device in their home so long as they agreed to remove it whe t Kevin C. Smith, who uses a wheelchair, no longer resides at the residence. The City require: an indemnification and surety agreement to protect the City and guarantee the homeowners pc rfonnance. B. Covenant To Rem rye Device Homeowners agree to remove the Device tha. is located in their residence when Kevin C. Smith no longer resides at the residence or no longer requires the need to utilize the Device. This covenant shall run with the land and shall 1 ind all successors, assigns and shall be enforceable by the City. Homeowners shall be liable for any and all attorney's fees that may be incurred by the City if for any such reason homeown rs refuse, despite reasonable efforts by the City to enforce the Agreement. C. Surety Aare. :ment Homeowners agree to place on deposit th, sum of $1,465.23 with First Bank of Colorado, N.A., in an interest bearing account for t) ie benefit of the Chief Building Official of the City, such that said sum plus accrued interest mimot be withdrawn in whole or in part without the express written consent of the Chief Bu lding Official of the City; said sum to be used by the City in order to carry out the preceding obligations of the homeowner in case the homeowner refuses, defaults or has inability to perfc rm the above stated agreement concerning removal of the lift. Page 1 of Jun-24-98 10:38A DEVREVFAX 303 235 2857 P.03 D. Indemnification A!ree n Homeowners hereby indemnify the City, it's 3uilding Inspectors, any and all Elevator Inspectors employed by the Denver Regional Counci. of Governments, Mike Roberts, Native Sons Construction, Inc., Sandy Thompson, architect, 3 t;ark Conroy, AAA Elevator Maintenance, as well as their staff, supervisors, agents and assigns, iereafter "Indemnitees", including but not limited to the following: Dick Youngkin, Chief of 3levator Inspectors for Denver Regional Council of Governments, 987-7500, pager 855-8201, 1 ell 908-2202; Jack Eckert, Chief Building Official, City of Wheatridge, 235-2853; Jack Batem in, elevator inspector, 235-2855, and all other persons including material men who are in ar y way associated with the granting of a conditional variance and installation of the lift. The condition and basis for this agreement is as follows: WHEREAS Indemnitees make no representatic ns concerning the safety of the lift installed by the homeowner and have allowed the homeow: ier to keep the lift installed because of hardship. WHEREAS the Indemnitees wish to guard ag must any and all claims by any Claimants including but not limited to the homeowners, their chit Iren and family members, their occupants, tenants, guests, agents, heirs, assigns, invitees, lict usees, hereafter referred to as "possible Claimants" for any and all claims of whatever natui c including but not limited to claims for wrongful death, personal injury, property damage, a:r J whatever other claims may ever be filed that in any way involve operation or damages caused 'iy the device, hereafter "possible claims". WHEREAS homeowners acknowledge that tie Indemnitees make no representations, warranties or assurances regarding the safety of the d :vice and that homeowners assume all risk for the use, operation and installation of the device. iomeowners agree to allow for the device to be inspected every six months upon reasonable not ce of the City or it's designated inspector. Homeowners further agree that if the inspector reasor ably requires maintenance of the device or replacement of a part of the device, that homeowner s shall refrain from using the device until such maintenance or part has been performed and or installed. WHEREAS homeowners, individually and on the behalf of any and all possible Claimants, as described above, hereby indemnify release and forever hold harmless the Indemnitees against any and all possible claims from : ny and all possible Claimants, for any and all damages, of whatever nature, that may be claimf d now or in the future that hereafter may be claimed, and to forever release said Indemnitees This agreement shall run with land and shall enure to the benefit of all the Indemnitees, wit lout any future limitation whatsoever. Page 2 of 4 Jun-24-98 10:38A DEVREVFAX 303 235 2857 P.04 WHEREAS HOMEOWNERS SWEAR ANI AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY WITH T IAE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, AND TO PROVIDE !EVIDENCE OF SURETY TO THE INDEMNITEES THROUGH THEIR AGENT JOi- N ECKERT WITHIN 10 DAYS, TO SUBMIT FOR APPROVAL THE PROPOSED DEVK E INSTALLATION WITHIN 30 DAYS, AND TO COMPLETE IT'S INSTALLATION WITH N 60 DAYS OF THE DATE OF THEIR SIGNATURES BELOW. Date Kevin C. Smith, homeowner, individually and on behalf of all possible Claimants STATE OF ) COUNTY OF ) D.a :e Cl: udia A. Smith, homeowner, individually aru. on behalf of all possible Claimants AND SWORN to before me this _ day of , 19 My Commission Expires: My address is: Notary PL blic Page 3 of 4. Jun-24-98 10:38A DEVREVFAX 303 235 2857 P.05 E. Agreement of b .e Ci THE CITY OF WHEATRIDGE THROUGH THEIR CHIEF BUILDING OFFICIAL, JOHN ECKERT, OR HIS LAWFUL DESIGNAI E, HEREBY AGREE TO GRANT A VARIANCE CONDITIONED UPON HOMEOWNERS PERFORMANCE OF THE OBLIGATION STATED HEREIN AND SUBJECT TO THE CITY'S REASONABLE APPROVAL. THE CITY SHALL REASONAI SLY DIRECT AND APPROVE THE INSTALLATION WITHIN 60 DAYS OF THE DATE THAT THIS AGREEMENT IS SIGNED BELOW. John Eckert, Chief Building Inspector, or his Designate for the City of Wheatridge STATE OF ) COUNTY OF ) Date SUBSCRIBED AND SWORN to before me this - day of 19~ My Commission Expires: My address is: Notary P tblic kw1v.M'P/i.&M.fty.7 Page 4 of 4 Apr-03-98 04:22P Kevin C_ Smith (303) 377-6003 P_01 KEVIN C. SMITH Attorney at Law 650 S. Cherry Street, Suite 820 Denver, Colorado 80246 (303) 3776633 FAX (303) 377-6003 1-800-923-2529 The informatio a contained it this facsimile message is legally privileged and confidential information intended only for he use of the individual or entity named below. If the reader of this message is not the inten led recipient, you are hereby notified that any dissemination, distribution, or -opying of this telecopy is strictly prohibited. If you have received this telecopy in error, please immediately n )tify us by telephone and return the original message to us at the address above i is the United :states Postal Service. Thank you. Date: February 9, 19!,8 Time: To : Paul Kennebecl, Esq. Fax No: 376-5001. RE: 3230 Oak Stree ✓heatridge, CC 80033 Message: From: Kevin C. Smith NO. OF PAGE 35 BEING SEN C (including this cover sheet): HARD COPY TO FOLLOW: YES 4 NO IF YOU HAV : ANY PRO) ILEMS OR QUESTIONS RECEIVING THIS FACSIMILE, PLEASE CALL: Allison 04/03/98 FRI 16:21 [TX/RX NO 95681 Apr-03-98 04:22P Kevin C_ Smith (303) 377-6003 P_02 DEVICE REMOVA1,SURETY-INDEMNIFICATION AGREEMENT A. Introduction Kevin C. Smith and Claudia A. Smith, hereafter "homeowners", installed a Florlift, Oak Street, Wheatr'dge' CO not cence at omply3wih the applicable building a d hereafter "Devio residence "ne rh cDeviceetd resi as it did not contain an emergency brake feature an 80033, hereafter , he aeafter "Eleval or Codes", elevator codes Other features thEt are required ty the Elevator Codes. Although the Device • vas designed and marketed for he intended use in other jurisdictions, the City of Whea ridge Building Inspectors, hereafter "City", did not approve it iance for installation into the resident a. Homeowners quentt to the Hearing, hereafter a"He ring ;ich was February 12, 14198 Building Department Hearing the hon ieowners and t to City attempted a resolution of the matter. The City granted a cons itional variance to the homeowners and he homeowners entered ep the vic into agreeme it l concerning t teed device to remove it when Kevin C Smith, who usesea wheel ha re their home sc sc long as they a , requires an indemnification and surety agreement no longer residers an the rea an ee the homeowners performance. to protect the City gu B. Covenant To Remove Device Homeowners agree to remove the Device that is located in heir residence when Kevin C. Smith no to iger resides at ate residence or no longer requires the need to utilize the Device. signs and shall be This covenant shall run wit! L the land and shall bind all successors, as enforceable by the City. Hon eeowners shall be liable for any and all attorney's fees that may be incurred by the City if for and such reason homeowners refuse, despite reasonable efforts by the City to enforce: the Agreemei it. C. Surety nt Home(,wners agree ID place on deposit the sum of $3,000.00 with First Bank of Colorado, N..',•, in an intere st bearing account for the benefit of the Chief Building Official of _ the City, such that said suns plus accrued interest cannot be withdrawn in whole or in part ty; said without the e).press written c o carry the preceding (obt obligations of he hotmeow emit ase~ the be used by by the: City in order :o carry o homeowner r-,-fuses, default: or has inability to perform the above stated agreement concerning removal of tte lift. D. Indemnification Agreement indemnify the city, it's Building Inspectors, any and all Elevator Inspectors emowners ployed heareby the Denver Regional Council of Governments, Mike Roberts, Native Sons Constriction, Inc., candy Thompson, architect, and assigns, hereafter ' Iransp Transportation Maintenance, as well as th ;ir staff, supervisors, agents 04/03/98 FRI 16:21 [TX/RX NO 95681 Apr-03-9B 04:22P Kevin C_ Smith (303) 377-6003 P_03 including but not limited to the following: Dick Youngkin, Chief of Elevator Inspectors for Denver Regional Council of Gc vernments, 987-7500, pager 855-8201, cell 908-2202; Jack Eckert, Chief Buil ling Official, C ity of Wheatridge, 235-2853; Jack Bateman, elevator inspector, 235-2855, and all other persons ncluding material men who are in any way associated with the granting of a con litional varianc and installation of the lift. The condition and basis for this agreement is as follows: ?.S Indemnitees have agreed to waive certain aspects of the Elevator a to Cyrepresentatio omeowners to obtain the it certificate of occupancy and such waiver shall not consti to n tha t the Dev: ce is safe. WHEREjtS Indemnitee; would prefer that the homeowner used a device that compli d with the Elevator Codes as it wi uld then have an emergency brake and other safety features t at do not exist in the installed unit. WHERE kS Indemnitee, make no representations concerning the safety of the lift installed by the homeowner and have allowed the homeowner to keep the lift installed because of hardship. WHEREAS the Inderm Rees wish to guard against any and all claims by any Claimants including but nc t limited to the homeowners, their children and family members, their occupants, tenants, guests; agents, heirs. assigns, invitees, licensees, hereafter referred to as "possible Claimants for any and all cltims of whatever nature including but not limited to claims for wrongful death. personal injur y, property damage, and whatever other claims may ever be filed that in any way involve operas ion or damages caused by the device, hereafter "possible claims". WHEREAS homeowners acknowledge that the Indemnitees make no representations, warranties or assurances rega ding the safety of the device and that homeowners assume all risk for the use, op ration and ins' allation of the device. Homeowners agree to allow for the device to be inspected every six mon As upon reasonable notice of the City or it's designated inspector. Homeowners further agree th it if the inspector reasonably requires maintenance of the device or replacement o' a part of the levice, that homeowners shall refrain from using the device until such maintenance or part ha: been performed and or installed. WHEF.EAS homeow ters, individually and on the behalf of any and all Claimants, as described above, hereby ind~:mnify, release and forever hold harmless the Indemnitees against any and all ch.ims from any : rid all Claimants, for any and all damages, of whatever nature, that may be claimed now or in tl a future that hereafter may be claimed, and to forever release said Indemnitees. This agreemi nt shall run with land and shall enure to the benefit of all the Indemnitees, without any fu ure limitation whatsoever. WHEREAS HOMEOWNERS SWEAR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY WITH THE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, AND TO PROVIDE EVIDENCE OF SURETY TO THE INDEMNITEES THROUC H THEIR AGENT JOHN ECKERT WITHIN 10 DAYS, TO SUBMIT FOR APPROVE L THE PROPOSED DEVICE WITHIN 30 DAYS, AND TO COMPLETE. IT'S INSTAILATION WITHIN 60 DAYS. ^ 04/03/98 FRI 16:21 ITX/RX NO 95683 FLORLIFT OF NEW JERSEY, INC. 41 LAWRENCE STREET EAST ORANGE, NEW JERSEY 07017 Phone 201-429-2200 Pax 201-429-0922 Ms. Pat Nigh July 2, 1996 Re: Florlift Ref. No. 15147 Rev. 1 Pa ment Terms TERMS] 20a/o with order, 20% upon approved drawings, 50% upon delivery, balance upon completion or balance upon shipment/delivery(COD) (nnle.u othernifc¢ f78" & FforttRJ Delivery Information Shipping date is scheduled 9& after receipt of all required deposits and approved drawings. Shop drawing take 1-2 weeks- Amicjpgd production time after receipt of approved drawings is S. Add an additional I week for installation. Contract Terms General Should the Owner refuse or neglect to comply with the terms and provisions of this Contract, then the Florlift Co. of NJ shall be entitled to recover from the Owner thirty percent of the contract price, as liquidated damages, in addition to the reasonable value of work and material already furnished. Unless otherwise agreed or specified, purchaser is to procure and pay for any necessary permits and will also be responsible for compliance with all state and local laws and regulations in their respective state. We guarantee the equipment of our manufacture to be free from defective material and workmanship under the use and service for which *a recommend it for 1 year. . We agree to replace or repair. F.O.B- E- Orange, M any defective parts returned to our factory, transportation charges prepaid within ninety days from date of shipment NO (VERBAL MODIFJCATION OR REPRESENTATION UNLESS WRITTEN HERE IN SHALL BE BINDING UPON FLORLIFT OF NJ or its agent. -Any tax anposed by present or 8tmre laws on thf aale of material covered by this proposal shall be added to the purchase price. This is effective only in the event that we are forced to pay such a tax. Orders do not become final until accepted at our East Orange, NJ office. Insura nee Standard coverages apply. The coverage is summarized as $1,000,000.00 public liability and workers compensation, and 1,090,000.00 business auto policy. If additional coverage is required, the cost and procuring of such coverages is the responsibilities of others. Upon receipt ofyour order a certificate of insurance will be forwarded to you if required i Acceptance At the time of completion ofinstallation and the explanation of operating instructions, the.contractor, owner, or a representative of the owner will be required to sign a standard acceptance form, indicating the approval of installation, acknowledging the receipt of operating instructions and necessary operating keys and controls, and accepting responsibility for the safe and proper operation of the equipment . In cottiunction with and as a condition of this acceptance, Florift will be released from any responsibility for damages or injuries resulting from the improper use of the equipment. 2 FLORLIFT OF NEW JERSEY, INC. 41 LAWRENCE STREET EAST ORANGE, NEW JERSEY 07017 Phone 201-129-2200 Fax 201-429-0922 Ms. Pat FTigb Jay 2, 1996 Re: Flodift Ref. No. 15147 Rev. 1 Final Payment Quoted price is lowest possible consistent with job requirements. It makes no provision for retention to be held beyond the date of final equipment turnover. Payment to Flodift is not to be contingent upon payment to purchaser by any third party. Late payments wi0 be subject to interest charges of 1.5% per month. LiquidaW Damages Florliftcan not be responsible for delays beyond its control and no liquidated damages of any kind will be accessed against or paid by Flodift. In Whness Whereof, the said parties have hereunto set their hands and seals on the day and year written below. The State of New Jersey has jurisdiction over this contract FLORLMT DESIGN SUBJECT TO CHANGE FOR 60 DAYS. ACCEPTED B SIGNED MS. PAT D L TLE NATIONAL SALES MANAGER FLORLINT OF NJ, INC. DATE DATE --177 -9 ACCEPTED IN THE STATE OF NJ 3 01/07/1998 13:35 3032922601 THE MULHERN GROUP PAGE 03 01/07/1998 13:35 3032922601 THE MULHERN GROUH rnut b4 FLORLIFT OF NEW ARSEY, INC. 41 LAWRENCE STREET EAST ORANGE, NEW JERSEY 07017 (201)429-2200-FAX(201)429-0922 December 9, 1997 Mr. Kevin Smith 1005 Lamar Street. Lakewood, CO 80214 Dear.Mr. Smith: i Re: Your letter dated Dec. 3, 1997 Wheelchair Life Model FL-100-HC Serial No. 9041-97 In regards to some of the designed safety aspects of our Florlift Model FL-100-11C, the 34" x 60" platform deck is raised/lowered via a roped hydraulic ram which incorporates a 2:1 mechanical ratio. As suspension means, we utilize dual 5/8 pitch, No. 50 roller chains each with a 6,100 lbs. average tensile strength. One (1) chain assembly alone gives an adequate 5:1 safety factor, the second assembly is considered the safety chain. Together they provide over a 10:1 factor of safety. We also use a slack chain switch to interrupt downward motion in the event of a slacked chain condition or obstruction. In addition to the above, the hydraulic ram has a direct coupled, flow control safety valve which controls the descent speed under normal operations or in the event of a hydraulic line rupture or failure. Considering all of these safety features, along with a proven design used for over 40 years, under proper use, service and maintenance, the Florlift Model FL-100-HC provides a safe, practical and affordable means for vertical transportation. For record and taformation, I've enclosed some documents involving a similar job which we were contracted to install and secure the required permits. Note the P.E. stamp on the shop drawing. If there are any questions or concerns, please feel free to contact us at 1-800-752-5438. CV:mv Enc: Contract No. 15147 Rev. 1 Yours"` 1 eai'io Vivo Ba Jr.~y President Sealed Shop Drawing No. 03-01-1297-D JAN-29-98 THU 1:12 PM GV COMMUNITY DEVELOPMENT FAX NO. 3037731238 PART XXI ,PRIVATE RESIDENCE INCLINED STAIRWAY CHAIRLIFTS AND INCLINED AND VERTICAL WHEELCHAIR LIFTS SCOPE NOTE: See Part Xx for the requirements for equipment installed in locations other than in or at a private residence. SECTION 2100 PRIVATE RESIDENCE VERTICAL WHEELCHAIR LIFTS Rule 2100.1 Runways 2100.1a Guarding (f) The runway shall be guarded at the upper landing by a door at least 36 in. (914 mm) ITTIM1Tf i construction and provided with a combination mechanical lock and electric contact. The door may be opened only if the platform is within 2 in. (51, mm) of that landing. (21 A smooth vertical fascia of unperforated con- struction shall be seccZystened from the upper landing sill to the level of the lower landing sill. It shall be equal to or stronger than 0.0598 in. (1.519 mm) sheet steel and guard the full width of the platform. The fascia shall not be permanently de- formed when a force of 125 IV (556 N) is applied on any 4 in. (102 mm) by 4 in. (102 mm) area. (3) A metal guard at least 6 in. (152 mm) in height and extending the full width of the platform shall be installed on the lower landln ide of the platform to prevent a wheal[ au from roiling off the platform. The guard shall be automatically actuated by the movement of the platform away from the lower P. 2 landing, and it shall remain in the elevated position until the platform returns to the lower landing. (4) The,nuarr shall be operated with positive cam action or provided with an electric contact which shall stliL the latform if the ward is not fully elevated when the platform has crave ad 6 in. (152 mm) away from the lower landing. (5) The guard shall not be permanently deformed when a force of 125 Ibf (556 N) Is applied at any point on a 4,r in. (102 mm) by 4 in. (102 mm) area. (6) ThgAideg of the platform not used for entrance or exit shalt be QUAWed to a height of 36in. (914 mm) by smooth construction with no openings, other than those necessary for the operation of the lift. Those openings necessary for operation shall reject a ball % in. (13 mm) in diameter. (7) The underside of the platform shall be equipped with a device w is , if the platform is obstructed in its downward travel by a force not to exceed 4 Ihf (17.8 NI applied anywhere on its underside, will actuate a contact which shall cause electric power a be removed from the driving-machine motor and brakk, an use the platform to stop its downward motion within 2 in. (51 mm). Motion may resume when the force is removed. When the installation conforms to the requirements of Rule 2000.10 or 2000.1b, the sensing device on the underside of the platform is not required. (8) The platform-to-sill clearance at the upper land- ing shall not exceed % in. (19 mm). 2100.1b Pipes in Runway Vicinity. Pipes conveying steam, gas, or liquids which, if discharged into the runway of the platform, would endanger life or health shall not be permined. 2100.1e ower Level Access Ramp. retractable a 1 ramp ma be meun a on the platform. When in use t tt nclof the romps me hall not be greater them (1) 1 in 6, for heights up to 2t/r in, (64 mm): 01/29/98 THU 13:06 ITX/RX NO 62601 JAN-29-98 THU 1:12 PM GV COMMUNITY DEVELOPMENT 2100,1o-2100.3f (2) 1 in 8, for heights greater than 21/2 in. (64 mm) and less than 3 in. (76 mm): 131 1 in 12, for heights 3 in. 176 mm) or greater. The ramp shall extend the full width of the platform. It may be actuated by the movement of the platform away from the lower landing and it shall remain retracted while the platform is away from the lower landing. The tamp may also be used as the guard specified in Rule 2100.1a. The ramp shall be operated by a positive mechani- cal action or shall be provided with an electric contact which will stop the movement of the platform within 6 in. (152 mm) of the lower landing if the ramp has failed to rise to its elevated position. 21o0.1d Electrical Equipment and Wiring (1) The installation of electrical equipment and wiring shall conform to the requirements of ANSI/ NFPA 70. (2) Electrical equipment shall be certified to the requirements of CSA 844.11ASME A17.5. 2100.10 Structural Support. The structure on which the equipment is installed shall be capable of safety supporting the loads imposed. 2100.1f Headroom Clearance. Headroom clearance throughout the range of travel shall be not less than 8o In. (2032 mm) as measured vertically from the platform floor. Rule 2100.2 Guide Rails Guide rails shall conform to the requirements of 12 Rules 200.2. 200.5, 200.6, 200.8. and 200.9a. Where standard elevator guide rails are provided they shall also conform to the requirements of Rules 200,9b and 200.10x. Rail joints shall be designed to maintain the accuracy of the rail alignment and to withstand the stress and deflection limitations stipulated in Ruts 200.5. Rule 2100.3 Driving Means and Sheaves The driving means shall be one of the following: (a) winding drum (b) traction (c) rope sprocket (d) chain sprocket (a) screw (f) rack and pinion (g) direct-plunger hydraulic (h) roped-hydraulic (1) lever hydraulic 2100.3a General Requirements (1) The factors of safety, based on the static load (the rated load plus the weight of the car, ropes, counterweights, etc.), to be used in the design of driving machines and sheaves, shall not be less than: FAX NO. 3037731238 P. 3 ASME A17.1-1996 fa) 8 for steel, bronze, or other metals having an elongation of at least 14% in a length of 2 in. (51 mm); (b) 10 for cast iron or other metals having an elongation of less than 14% in a length of 2 in. (51 mm). (2) Set screws and bolts shall conform to the re- quirements of Rule 208.4. Shaft fillets and keys shall conform to the requirements of Rule 208.5. (3) Friction gearing, clutch mechanisms, or cou- plings shall not be used to connect a driving machine drum or sheave to the main driving mechanism. (4) Worm gearing having cast iron teeth shall not be used. (5) Driving-machine chains and sprockets shall be of steel and shall conform in design and dimensions to the requirements of ANSI 1329.1. (6) Winding drums and overhead deflecting sheaves shall be of cast iron or steel, and have a pitch diameter of not less than 30 times the diameter of the suspension ropes, except that where 8 x 19 steel ropes or 7 x 19 steel aircraft cable are used, the pitch diameter of the drums and sheaves may be reduced to 21 times the diameter of the rope or cable. The rope grooves shall be machined- 2100.3b Hydraulic Driving Machines. Direct- plunger hydraulic driving machines, where used, shall conform to the requirements of Section 302. Roped-hydraulic machines shall conform to the requirements of Section 302, except for Rules 302.1 a, 302,2, 302.3c, and 302.3g. _ 2100.3c Screw Machines. Screw machines, where used, shall conform to the requirements of Section 1804- NOTE (Rule 2100.3c): Rated speed shall not exceed 30 fV min (o,15 m!s). Overspeed shall not exceed 75 ft/min 10.38 m/s). 2100.3d Machine Framework and Sase. The ma- 1961 chine framework, base, and fastenings to the build- ings, where used, shall be of metal construction, have a factor of safety of not less than 5 based on the rated load, and shall be secured in place with support provided to limit their deflections to % in. (6.4 mm) maximum in any direction under rated load. Cast iron shall not be used. 2100.30 Guiding Member Enclosures. The guiding members shall be enclosed with a solid enclosure to prevent accidental contact. If openings are neces- sary in this enclosure for operation, they'shall reject a ball s/. In. (19 mm) in diameter. 2100.3f Machinery Seams and Supports (1) All machinery and sheaves shall be so sup- ported and secured to prevent any part becoming 01/29/98 THU 13:06 [T%/RX NO 6260] JAN-29-98 THU 1:13 PM GV COMMUNITY DEVELOPMENT A17,1-1996 ---A (96 loose or displaced. Beams directly supporting ma- chinery shall be of steel or reinforced concrete. (2) Overhead beams and sheaves shall be designed for not less than the total load on overhead beams, which shall be assumed to be equal to the weight of all apparatus resting on the beams plus twice the maximum load suspended from the beams. (al The load resting on the beams shall include the complete weights of the driving machine, sheaves, controller, etc. (b) The load suspended from the beams shall include the sum of the tensions in all ropes or other suspension means which are suspended from the beams. (3) The driving machine or sheaves, except idler or deflecting sheaves with their guards and frames, shall not be fastened to the underside of the support- ing beams at the top of the runway. (4) Cast iron in tension shall not be used for sup- porting members for sheaves where they.are hung beneath beams. 210o.3g Guarding of Driving Machines and Sus- pension Means. The driving machine and suspension means shall be enclosed with a solid enclosure. Any opening required for operation shall reject a ball % in. (19 mm) in diameter. Access shall be provided by a removable panel for inspecting and servicing. The panel shall be screwed, locked, or bolted in place. 2100.3h i_drivema- chines, utilizing V-belt drives, tooth drive belts, or drive chains, shall conform to the requirements of Rules 208.9b. 208.9c and 208.9d except that the requirements o Rule 208.9c may be omitted if a self-locking drive meeting the requirements of Rule 2100-4(c) is provided. If multiple belts or chains are provided, they shall be preloaded and matched for length in sets. Rule 2100.4 Driving-Machine Brakes (a) Driving machines, except hydraulic, shall be equipped with friction brakes directly attached to the driving means through a continuous shaft, mechani- cal coupling, or toothed gearing applied by springs, or by gravity, and released electrically. (b/ A single ground or short circuit, a countervolt- age or a motor-field discharge shall not prevent the brake magnet from allowing the brake to set when the operating device is placed in the stop position- (c) A machine brake is not required if a self-lacking drive utilizing a lead screw, worm, or other positive gearing which will stop and hold the platform with the rated food within 4 In. (102 mm) of dawn travel after the power is removed is provided. FAX NO. 3037731238 P. 4 2100.3f-2100.50 Rule 2100.5 Suspension and Support Means (a) Suspension and support means shall be one of the following: (1) steel or iron wire rope (2) stool aircraft cable (3) roller chain (4) direct-plunger hydraulic (5) roped-hydraulic (6) rack and pinion (71 screw (b) Steel capes or welded link chains shall not be used as suspension means. (c) Where ropes or chains are used, not less than two shall be provided. (d) For rated loads up to 500 Ile (227 kg), ropes shall have a minimum diameter of '/e in. (6.4 mm) and chains shall have a minimum pitch of '/z in. (13 mm). For higher rated loads,. ropes shall have a minimum diameter of '/a in. (9.6 mm) and chains shall have a minimum pitch of s/s in. (16 mm). 2100.5a Factors of Safety. The suspension and support means shall have a factor of safety of not less than 7 based on the tension in the rope, cable, chain, or forces exerted on the hydraulic cylinder, screw drive, or the rack and pinion when raising the rated load. When the car and counterweight are suspended by steel ropes and the driving means between the machine and the counterweight is an endless roller-type chain, the factor of safety of such chain shall be not less than 8, based on the rated load. 2100.5b Arc of Contact of Suspension Means on Sheaves and Sprockets. The arc of contact of a wire rope on a traction sheave shall be sufficient to produce adequate traction under all load conditions. The arc of contact of a chain on a driving sprocket shall be not less than 140 deg. 2100.5c Spare Rope Turns of Winding Drums. All wire ropes of winding drum machines shall have not less than one full turn of the rope on the drum when the car or counterweight has reached its limit of possible overtravel, 2100.5d Securing Suspension Ropes to Winding Drum. The drum ends of wire ropes shall be secured on the inside of the drum of winding drum machines by clamps or by one of the other methods such as specified in Rule 212.6 for fastening wire ropes. 2100.5e Lengthening, Splicing, Repairing, or Replacing Suspension Means. Suspension wire rope shall not be lengthened or repaired by splicing. Bro- ken or worn suspension chains shall not be repaired. If one rope. or a chain of a set is worn or damaged and requires replacement, the entire set of ropes or chains shall be replaced. If a chain or sprocket is 01/29/98 THU 13:06 [TX/RX NO 62601 JAN-29-98 THU 1:14 PM 2100.5e-Rule 2100.9 GV COMMUNITY DEVELOPMENT replaced due to wear, all sprockets and chains shall be replaced. 2100.5f Fastening of Rope Suspension Means to Platform. The platform ends of wire ropes shall be fastened in a return loop by properly made individual tapered babbitted sockets or by properly attached fittings as recommended by wire rope manufacturers. Clips of the U•bolt type shall not be used. Tapered babbitted rope sockets and the method of babbitting shall conform to the requirements of Rules 212.9d and 212.9f. The diameter of the hole in the small end of the socket shall not exceed the nominal diameter of the rope by more than %2 in. (2.4 mm). 2100.58 Guarding. All suspension means shall be guarded against accidental contact. Suspension means which operate within a guide or track and travel at the same speed and in the same direction as the car shall be considered suitably guarded. Rule 21004 Cars and Platforms 2100.6a Car Frame and Platform. The car. frame shall be of metal construction and have a factor of safety of not less than 5 based on the rated load. The platform shall be of metal or wood construction with a nonskid surface. Construction shall conform to the requirements of Rules 204.1b and 204.1c. (See also Rule 2100.1a.) 2100.6b Use of Cast Iron. Cast iron shall not be used in the construction of any load bearing member of the car frame or platform other than for guide shoes and guide shoe brackets. 2100.6c Platform Size. The inside net platform area shall not exceed 18 ft" (1.67 mt). 2100.6d Car Illumination. The minimum illumina- tion at the landing edge of the platform with the landing door open shall be not less than 5 ftc 454 Ix). Rule 2100.7 Capacity, Speed, and Travel 2100.7a Limitation of Load, Speed, and Travel. The rated load shall be not less than 450 lb (204 kg) nor more than 700 lb (340 kg). Platforms with an area greater than 15 ftt shall have a rated load of not less than 700 lb 1340 kg), The lift shall be capable of sustaining and lowering a load as specified in Rule 207.1. The rated speed shall not exceed 30 ft/ min (0.15 m/s). The travel shall not exceed 10 It (3048 mm) nor penetrate a floor. 2100.7b Capacity Plates. A capacity plate stating the rated load shall be provided by the manufacturer and fastened In a conspicuous place. The letters and numerals used shall be not less than 1/4 in. (6.4 mm) in height. FAX NO. 3037731238 P. 5 ASME A17.1-1996 21oo.7c Data Plates. A data plate shall be provided by the manufacturer and securely fastened to the machine, The plate shall state the rated speed, rated load, weight of car, suspension and support means, date of manufacture, and manufacturers name. Let- ters and numerals shall be not less than t/,i in. (6.4 mm) in height. Rule 2100.8 Safeties and Speed Governors All cars shall be provided with a safety, except cars of direct-plunger hydraulic lifts. The safety shall be actuated by the action of a speed governor or by the breakage or slackening of the suspension or support means. Where actuation is by a governor, the safety shall be set at a maximum speed of 75 ft/min (0.38 m/s). Where actuation is by breakage or slackening of the suspension or support means, the safety shall be set without delay and independent of the speed governor, if provided. Safety parts shall conform to the requirements of Rule 205.12, except that, where provided, the rope used as a connection from the safety to the governor ropo shall be not less than % in. (3.2 mm) in diameter. Governor ropes, where provided, shall conform to the requirements of Rule 206.5a, except that the diameter shall be not less than 1/4 in. (6.4 mm). When screw drive machines are used, safeties and speed governors shall be provided as required by Rule 1803.5. Where hoisting ropes are used, the application of safeties shall conform to the requirements of Rule 205.Sa. The application and release of safeties shall con- form to the requirements of Rules 205.9a, 205.9b, and 205.9c. Rule 2100.9 Terminal Stopping Devices (a) Terminal stopping devices shall conform to the requirements of Rule 209.1. (b) Upper and lower terminal stopping devices 1961 operated by the car shall be provided, and shall be set to stop the car within a tolerance of 1/2 -in, (13 mm) of the upper and lower terminal landings under rated loading to zero loading conditions. (c) Upper and lower final terminal stopping de- vices, operated by the car to remove power from the motor and the brake, shall be provided, except as specified in Rule 2100-919). They shall be set to stop the car after it travels past the normal terminal stopping device and before striking an obstruction. A slack-rope device conforming to the requirements of Rule 210.2(al may be used as the lower final terminal stopping device. (d) Final terminal Stopping devices shall conform to the requirements of Rules 209.3a(1) and (3). (e) If the driving machine is of the winding drum or 01/29/98 THU 13:06 [T%/RT NO 62601 JAN-29-98 THU 1:15 PM GV COMMUNITY DEVELOPMENT FAX NO. 3037731238 P. 6 ASME A17.1-1996 sprocket and chain suspension type, a final terminal stopping device operated by the driving machine shall also be provided. (f) The final terminal stopping device shall con- form to the requirements of Rule 209.3d. (g) Final terminal stopping devices are not required for direct-plunger hydraulic driving machines. Lower final terminal stopping devices are not required where the limitations of the machine or runway limit. the travel of the car (e.g., a platform at rest on the bottom terminal landing). Rule 2100.10 Operating Devices and Control Equipment 2100.10a Key Operation. operation of the car from the upper or lower landing and from the car shall be controlled by a key, except where installed on an interior structure. The key-operated control shall be operated by a cylinder-type lock having a five-pin or five-disk combi- nation with the key removable only from the -OFF" position. A key-operated switch shall be provided at each station which will allow a control switch at that station to become effective only when the key is in the "ON" position. "UP" and "DOWN" control switches at all stations shall be by means of a continuous-pressure device. Controls shall be in ac- cordance with the requirements of ANSI A117.1. Op- erating devices shall be designed so that both the "UP" and "DOWN" circuits cannot be operated at the same time. 2100.10b Attendant Operation. Attendant opera- tion may be provided. Where provided, it shall con- form to the following requirements. (1) The attendant shall operate the lift by means of a continuous-pressure button located at the lower landing. It shall be so located that the attendant has full view of the floor area under the lift, A manually reset emergency stop switch shall also be provided at that location. (1) No controls, other than an emergency stop switch, shall be provided in the car. 2100.10c Control and Operating Circuit Require- ments. The design and installation of the control and operating circuits shall conform to the following. (f) Control systems which depend on the comple- tion or maintenance of an electric circuit shall not be used for: (a) interruption of the power and application of the machine brake at the terminal landing; (b) stopping the machine when the safety ap. plies. (2) If springs are used to actuate switches, con- tactors, or relays to break the circuit to stop the Lift at the terminal landings, they shall be of the restrained compression type. Rule 2100.9-flule 2100.11 (3) The failure of any single magnetically operated switch, relay, or contactor to release in the intended manner or the occurrence of a single accidental ground shall not permit the car to start if the runway door or car door or gale is not in the closed position. It shall not permit the platform to move more than 2 in. (51 mm) away from a landing sill with the entrance door unlocked. 2100.10d Motor Reversal Protection. Where a non- instantaneous reversible mof6r is used, a protective circuit or device shall be provided to prevent the motor from continuing in the same direction if the reversing control is activated. 2100.10e Phase Reversal and Failure Protection. It a polyphase alternating current power supply is used, phase reversal and failure protection shall be pro- vided in accordance with Rule 210.6. 21o0.tof Emergency Stop Switch. An emergency stop switch conforming to Rule 210.2(e) shall be provided in every car. 2100.109 Slack-Rope and Slack-Chain Devices for Winding Drum and Roller-Type-Chain Driving Ma- chines. Winding drum driving machines with rope suspension shall be provided with a slack-rope device of the manually reset type that will remove power from the motor and brake if the car is obstructed in its descent and the suspension ropes slacken. Lifts with roller chain suspension means shall be provided with a slack-chain device which will remove power from the motor and brake if the car is ob. structed in its descent and the suspension means slacken. This device is not required to be of the manually reset type if the chain sprockets are guarded to prevent the chain from becoming disengaged from the sprockets. 2100,10h Release and Application of Driving-Ma- IE01 chine Brake. Driving-machine brakes shall not be electrically released until power has been applied to the driving-machine motor. All power feed lines to the brake shall be opened and the brake shall apply automatically when: (7) any operating device in Rule 2100.10a or 2100.10b is in the stop position; (2) any electrical protective device functions. 2100.101 Electrical Equipment and Wiring (1) All electrical equipment and wiring shall con- form to the requirements of ANSI/NFPA 70. (2) Electrical equipment shall be certified to the requirements of CSA B44.11ASME A17.5. Rule 2100.11 Code Data Plate (961 A Code data plate conforming to the requirements of Section 215 shall be provided. 01/29/98 THU 13:06 [TX/RX NO 6260] Building Permit Number: 4518 Job Address: 3230 OAK ST Description of Permit : SINGLE FAMILY RESIDENCE Inspection List Number Type Date A royal Remarks 12245 GAS 7/22/97 DISME 12246 RH 7/22/97 OK/JE 12317 AIR TEST GAS PIPE 7/24/97 OK/BG 12318 WASTE & VENT 7/24/97 OK/BG 12319 FRAME 7/24/97 DIS/BG 12362 FRAME 7/28/97 DIS/BG 12363 INSULATION 7/28/97 OK/BG 12440 FRAME 7/31/97 ok/b 12633 DWNAIL 8/8/97 OK/BG 13063 ELEC METER RELEASE 919197 OK/JE Building Permit Number: 4518 Job Address : 3230 OAK ST Description of Permit : SINGLE FAMILY RESIDENCE Inspection List Number Type Date Approval Remarks 334 F HVAC-GO TO BACK OF HOUSE 2/24/95 OK/JE 10482 TEMP METER 3/27197 10507 TEMP SERVICE 3/31/97 OWE 10508 GROUND RING 3/31/97 OK/JE 10654 R UGP 4/9/97 DIS/BG LEAK 10723 RUG PLUMB 4/15/97 OK/BG 10768 UGP 4ht,197 DISME NO TEST 10877 R UGP 4124697;: Q;- 12243 RE 7/22/97_ ._OK/JE 12244 RP 7/22/9 .'o'Ijt J FROM : DRHL PHONE NO. : 303 674 1837 Jan. 14 1998 04:16RM P43 Jan-09-96 0'4:03P DEVREVFAX 01/B7/199B 13:99 dadL7ZZoea SANDRA K. TH( MPSON ,4rchlle. I Janu uy 7, 1998 MT. Kevin Smith 3230 Oak Street .Wheat Ridge, Colorado 80033 Dow Kevin: As per our conversation of December 14, 1997, 1 a n providing the architectural services required to assess and propose an alternative solution to i to problem regarding the wheel chair lift at your now home. I have received a copy of the letter 9i zrn John Eckert. Chief Building 018cia1 far the City of Wheat Ridge and spoke also with him r garding this matter. t believe the issue exists in two parta, mechanical and arehiloetmal. The nuehenical safety issue would be better addresst 1 by looking at the requirements for this particular type of lilt I attached the copies of the inform Rion front the lift manufacturer, Florlift of Now JerW, includntg the letter of safey, features a 'ibis particular lift. I spoke with them briefly concerning this issue and they was confident it their compliance to the local codes. :However, 1, would recommend that a local mechanical agincer review the shop drawings and ANSVASME 17.1 requirements to determine any deficier t areas. Architaetw•ally, 1 would proposed the following modi ieations: 1. Enclose die Lift, floor W ceiling, at the porirnM r of the lill at the basement level (See attached), 2. Provide s suitable door at the basement and main floor levels [hat would have a msgnetic tock, oircuitod to the main controls for the lift, st :h that it would require that both doors be secured prior to operation of the lift. 3. provide an mmrrgancy alarm in dno carriage of th i lift in the even[ of an emergency that would be tied into your house security system. 4, provide a detail at the lift door in the closet that v zuld allow it to be supported oilier than The existing ledge condition, minimizing pinch pm its. I would suggest that you file the appeal to rho Cn / of Wheat Ridge as we continue to investigate rho problem. please do not hesitate to call ne if you have any further questions or concerns. Since ly[{/~/ ands IC. IAOmpso- n Projev.. Architect 1326 SOUTH ELM STREET - DENVR':, COLORADO • 80222 PHONE: 3n3.h56.1 905 01/00/06 pRl 15:63 '(TX/ItX NO 55381 01/14/98 WED 02:59 [TX/RX NO 56391 W H E A T 7500 k'fsT 29TH AVE NU E F A C S I. r FAX# (303) 235-2857 To: K ~r/~ 1'l J rlyf >1,r 3 7 ;;L- . From: y Date: No. of Pages (not including cover sheet) R I D G E tVHEAT RIDGE. COLORADO 80215 Comments: ~)L 121 PI-:INNING AND ZONING - PARKS AND RECREATION • PUBLIC WORKS ---------------------(,01)?;;-?X77 (;01)2}5-2561 i ill i) 71 i.?XJ6 CITY OF WHEAT RIDGE 7500 WEST 29~ AVENUE WXEPT RIDGE COLORADO 802 15 (303) 235-2853 F.i (3031 235-2857 December 31, 1997 Kevin Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Dear Kevin Smith: In response to your request of December 29 1997 to obtain an extension on the temporary certificate of occupancy. It is the position of the City of Wheat Ridge Building Department that this request be denied, and that this project by your written request be brought before the board of appeals for consideration. Listed below are the specific items that are found not to be in compliance, and the procedure for filing an appeal; 1. The rear yard grading poses a hazard to the structural stability of this house since the final grading allows the soil to be above the sill plates and in contact with non treated. lumber. 2. The landscaping was not in at time of final inspection. This item was resolved with an escrow agreement. ( See escrow agreement ) 3. The elevator does not comply with minimum safety requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted standards. B. The elevator must be replaced with one that complies with adopted standards. C. The elevator must be removed and the floor replaced where the elevator was. Items one and three remain uncorrected and are considered code violations under the Uniform Building Code. Any person having any record title or legal interest in this building may appeal from the notice and order or any action of the Building Official to the housing advisory and appeals board, provided the appeal is made in writing as provided by the code, and filed with the Building Official prior to January 8, 1998. Failure to appeal will constitute a waiver of all rights to an abatement hearing and determination of the matter. If any questions arise regarding this matter, feel free to call me at 235-2853 S: ere y, John Eckert Chief Building Official The City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax 4 234-5924 Police Dept. Fax u 235-2949 December 15, 1997 Kevin Smith 3230 Oak Street Wheat Ridge, Colorado 80033 Dear Mr. Smith, Wheat GRidge In your letter dated 11-19-97, to the Wheat Ridge Building Department, you requested a copy of Part XXV Limited-Use/Limited - Application section of the ASMEA 17.1 1996 Safety Code for Elevators and Escalators. The ASME prohibits reproduction of this document in any form. This Code book can be purchased locally. The LULA section of the code is not the section used for private residence elevators. The section covering this subject is Part XXI (Private Residence Inclined Stairway Chairlifts and Inclined and Vertical Wheelchair Lifts). The scope of this section states " this part applies to the vertical wheelchair lifts" (Section 2 100), inclined wheelchair lifts (Section2101), and inclined stairway chairlifts (Section 2102 "where installed in or at a private residence for use by the physically handicapped". Part XXI also refers to other parts of the ASME. Other codes such as UBC, Uniform Building Code and NEC, National Electrical Code also apply in the installation of Vertical Wheelchair Lifts. If you have any further questions, please contact the Wheat Ridge Building Department at 235-2855. Sincerely, Jack Bultman/ City Elevator Inspector 7 Jo E <ert/ Chief Building Official c cz-~ CO RECYCLED PAPER KEVIN C. SMITH ATTORNEY AT LAW !650 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80246 1( 0 1991 (303) 377-6633 FAX (303) 377-6003 1-800-923-2529 November 19, 1997 Mr. John Eckert Chief Building Official City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 RE: Inspection 3230 Oak Street Dear Mr. Eckert: Thank you for your letter of November 10, 1997. I will address and number each item you noted. 1. The grading has been contracted for and is awaiting weather cooperation. I fully expect to have this completed by your deadline of 2/7/98, so long as we do not have an unseasonably wet or cold winter that would interfere with the grading equipment. 2. The landscaping has been contracted for. We will not be able to plant this year. We will plant evergreens and lay sod as soon as the ground can be worked. 3. The Florlift poses three options. As far as option A, modifying the lift, I have written the attached letter to the manufacturer seeking modification information. He is on vacation and will get back to me soon. Option B, replacing the lift, is impossible. We have exhausted our funds and closed our construction loan and therefore this option will take the manufacturers financial cooperation, something that is uncertain. The third option of removing the lift requires the cooperation of Florlift, the advice of our builder, and receipt of necessary funds. Hopefully, all this can be accomplished by February 7, 1998. Depending on the cost involved, we may or may not be able to afford to do this. I would like you to either provide me copies or tell me where I may purchase a copy of the limited use/limited access portion of the elevator code, and I would also like to copy your municipal code that deals with zoning violations, variances, appeals, requests for extension of time, etc. In the meantime, please let me know the procedure for obtaining an extension of out to be necessary. Please telephone me at your next convenient opportunity. KCS/amb kckeckw.1 BUILDING CODE ADVISORY BOARD February 19, 1998 The meeting was called to order at 6:30 p.m. on Thursday, February 19, 1998. Board members present: Kenneth Adams, William T. Smith, Ralph Santangelo, Leo Anderson and David Whitehead. Absent were Paul Recen and Ross Westover. Staff members present were Chief Building Official John Eckert and Elevator Inspector Jack Bultman and his supervisor, Dick Younkin.. Due to the absence of a chairman, the first item of business was to elect a chairman. Leo Anderson nominated William T. Smith, the nomination was seconded by Ralph Santangelo and the vote was unanimous for William T. Smith to be acting chairman for this meeting. Also present during this meeting was Mr. Kevin Smith, architect for Mr. Smith, Acting City Attorney for City of Wheat Ridge, Paul Kennebeck. The subject of the meeting this evening is to hear an appeal by Mr. Kevin Smith on an elevator/handicap lift installed at his residence located at 3230 Oak Street, Wheat Ridge, CO 80033, that was considered to be in violation of Uniform Building Code 1994. (Complete set of hearing minutes still remain on tape, however the following information/minutes are only a portion pertaining to final decisions of the board) Call back to order by Chairman William T. Smith, the board spoke at length and the situation understood reference the handicap lift. One of the requirements of this elevator/lift would be that there would be an elevator inspection every six months, with proper notification to the resident/s. If elevator/lift does not pass inspection due to unsatisfactory safety or improper operation, the elevator/lift would be shut down and made inoperable until proper repairs have been made and the elevator/lift reinspected for approval. The second requirement is that, an extension of Temporary Certificate of Occupancy would be issued for 30 days following the date of this transcription (March 6,1998) contingent on the following conditions to be met. With the 30 days extension, provide a document and working drawings, with architect stamps on how Mr. Smith will proceed making the corrections in accordance with Uniform Building Code. Along with the submission of that documentation, it has been requuired that legal documentation for the "device removable bond" AND the "hold harmless" language be included for John Eckert's review and approval, and that must take place within that 30 days. The second part of this motion is that after the 30 day extension and all submissions required are found to be acceptable and approved through the City of Wheat Ridge, Mr. Smith will have an additional 45 days to complete the work as specified in the documentation required on the corrections. Motion was seconded and carried. Another motion requested was the Board direct the City Attorney to draft the findings that reflect the Boards decisions this evening. Motion seconded and carried. There was no other business to be discussed and there was a Motion for meeting adjournment, Motion seconded and carried. Respectfully submitted : Kim Quayle, Secretafy November 13, 1997 BY FACSIMILE 1-201-429-0922 1-800-752-5438 Florlift of New Jersey Attention: Mr. Sonny Vivona 41 Lawrence Street East Orange, N.J. 07017 RE: Florlift installation 3230 Oak Street Wheat Ridge, CO 80033 Dear Mr. Vivona: Enclosed is a November 10, 1997 from John Eckert, Chief Building Official fo the City of Wheat Ridge, Colorado. Please pay particular attention to item #3. The floor lift that you sold me did not comply with L.U.L.A. standards. I purchased the model because I saw it advertised in Accent magazine and therefore, as this magazine is targeted toward the disabled population, I felt it would be acceptable for my needs. The first option for abatement of the problems posed by the lift is to modify it to comply with adopted standards. This may be the most economical method. The other two methods may also be explored. Please contact me to discuss this matter. Sincerely, Kevin C. Smith KCS/amb Enclosure IMMIarM. CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIME COLON M60215 (303) 235-2x53 F.- (303) 235-2657 November 10, 1997 Kevin Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Dear Kevin Smith: On October 7, 19977 the property at 3230 Oak Street was granted a temporary Certificate of Occupancy. The outstanding items on this document that were found to not be in compliance were grading, landscaping and the elevator. These items must be brought into compliance before the temporary Certificate of Occupancy expires on February 7, 1998, so that a permanent Certificate of Occupancy may be issued. If these items are not brought into compliance the city will pursue corrective actions, up to and including condemnation and eviction procedures. Listed below are the specific items that are found not to be in compliance; 1. The rear yard grading poses a hazard to the structural stability of this house since the final grading allows the soil to be above the sill plates and in contact with non treated lumber. 2. The landscaping was not in at time of final inspection. This item was resolved with an escrow agreement. ( See escrow agreement ) 3. The elevator does not comply with minimum safety requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted standards. B. The elevator must be replaced with one that complies with adopted standards. C. The elevator must be removed and the floor replaced where the elevator was. Items one and three remain uncorrected and are considered code violations under the Uniform Building Code. Any person having anv record title or legal interest in this building may appeal from the notice and order or any action of the Building Official to the housing advisory and appeals board, provided the appeal is made in writing as provided by the code, and filed with the Building Official prior to January 8, 1998. Failure to appeal will constitute a waiver of all rights to an abatement hearing and determination of the matter. If any questions arise regarding this matter, feel free to call me at 235-2853 Sincerely. John Eckert Chief Building Official N n~ INN G)fi 77a ( m /A _ r w ^ N iti L, I n ~ a , r In 1~ N - V .J. -.p --e G C f~ b Wx N w. p 1 ZS V° G 'd ~J C 1 ~ y s db kA DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : 14413 BUILDING INSPECTION LINE - 303-234-5933 Date : 8/29/02 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 - (303-235-2855) Property Owner. KEVIN & CLAUDIA SMITH Property Address : 3230 OAK ST Phone : 237-3419 Cantrector License No. : 21378 Company : Colorado Deck Works Phone : 445-6855 OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT Construction Value : $3,500.00 83.25 I hereby certify that the setback distances proposed by this permit application are accurate, and Permit Fee : do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or Plan R2vieW Fee : $0.00 covenants, easements or restrictions of recoM; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this Use T0X : $42.00 application, and that I assume full responsibility for compliance with the Wheat Ridge Building Code (U.B.CJ and all other applicable Wheat ' g or 'nances, for work under this pe it TOt81 : $12525 (OWNER)(CONTRACTOR) SIGNED I r/A DATE j ~ z Use : Descriptian : OUTDOOR PERGOLA APPROX. 200 SQ. FT. BUILDING DEPARTMENT USE ONLY SIC : Sq. Ft. : ~ Approval~M LC COMPLIES W/ R-1 REGS. rAmNotE: Zoning: R-1 owillar. I ppfdmgW ►sresponsiblefarlocatineproperty OK. 8129/02 l~« ~d ~~cting imptovcments according to the spproved plan and requircd devdopment standards. APProval: DM The City is not responsible for inaccurate infomiation K-~ submitted within the Plan set and any construction ~l~tt' -W errors resulting from inaccurate informalion. Approval: Occupancy : Walls : Roof : Stories : Residential Units : Electrical License No : Company : Plumbing License No : Company : Mechanical License No : Company : Expiration Date : Approval: Expiration Date : Approval: Expiration Date : Approval: (i) This pertnit was issued in accortlance with the provisions set forth in yopur application antl is subject to the laws of the State of Colorado and to the Zoning Regulations and Building Code of VJheat Ritlge, Coloretlo or any other applicable ordinances ot the City. (2) This permit shall enpire if (A) ihe work authorizetl is not commenced within sixty (60) days from issue tlate or (B) the builtling authorizetl is suspended or abandoned for a periotl of 720 days. (3) If this pertnit expires, a new permit may be acquired for a fee of one-half the amount normally required, providetl no changes have been or will be made in the original plans antl specifications and any suspension or abantlonment has not exceeded one (1) year. If changes are made or if suspension or abandonment exceeds one (1) year, full fees shall be Daitl for a new peimit. (4) No work of any manner shall be done that will change the naNral flow of water causing a drainage problem. (5) Contractor shall notify the Building Inspedor hventy-four (24) hours in advance for ali inspections and shall receive wntten approval on inspection card before proceediing with successive phases of thejob. (6) The is~5 Fe of a pe t or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of, any violation of the p~svj~l~n of codes or any other ortlinance, law, rule or regulation. ChiefBuilding,~ spector DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number: BUMDING INSPECTION LINE - 303-234-5933 Date: CITY OF WHEAT RIDGE 7500 R'EST 29TH AVENUE WHEAT RIDGE, CO 80215 - (303-235-2855) ~PLICATtON Property Owner: KeJ 1al -1 Cj.AVD i p 5 n w PropertyAddress: 32's0 OAK'ST Phone: 303- 23'7 - 391q Contractor License No.: 21 37 S Company: CoLoRApo ~EGK WORkS Phone: 303-,V45-685S O WNE[LCONTRACTOR SIGNATURE OF UND&RSTAIVDING M'U AGREEFffiiT I hearby certify that the sofback distaacav proposed by this paxnit applicatioa ara eccurata, and do aot violate applicabla ordinancw, i¢Les or xegalations ofthe City of Wheat Ridge or covmnnis, easementa or ruhictims of racord; that ell m^°mu^mads shown, aad nllagations mede ece accurate; thai I have road and agree to abide by all conditions priated onthis applications and thet I asvume full responaibilily for compliance wAh the Wheat Ridge Builcling Code (U.B.C) and all other applicable Whaat Ridga Ordinaaces, for work undertLis pemit. COI1StIllCt10II V2.1llC: iS 3~ S1~0.~v Pemut Fee: Plan Review Fee: TTCP TaR' TOt31: (OWfffitXCONTRAClOIV: SI6fm_~~ DATS T 7/Z O O 2 Description: 00TDOo (Z PC-R(f 0{.A N ZOD 14 BUILDING DEPARTMENT USE ONLY Approva1:1aC Zoning: R. ~ :e.:.:n...r..a`xE ~b..y;. . ~ p...~~"uG.'.~ Apprwal: CK-- A: ~:mx.,~~.%e.. 1~: Approval: ~ ~q-291°~ pccupancy: Walls: Roof: Stories: ~q.Ft.: 'c Residential Units: Electrical License No: Plumbing License No: Mechanical License No: Compyny; Company: Compazry: Expiration Date: Expixation Date: Expiration Date: Appioval: APProval: Approval: (1) Thie permit wu usued i¢ ucordmce with ihe p[ovisions set forth in yrnu applicetim aod is mbject fn ihe laun of the 34W of Coloxado and m the Zaoivg ReguleCOas and Btildiug Code of4JSeat Ridge. Colondo a aay other applicable ocdimness ofthe Ciry. (2) This pxmit .+hall sxPice if (A) the wodc evthorized is mt commraced within sixty (60) days from issue date ox (B) ehe buildinH authori;zad'u susPendad or abaodooed fo[ a pmiod of 120 days. (3) ](1yjs permtit expi[es, a mw pamit may 6e acquiTad for a fee of one-6aif tlu amoumt nonunlly requicrd, pronded no ehengu h+ve hwn or will be made in tbe original p]ans and spe '~}'ications md ssry suspeosion ar abandonmmt hu nat arceedad o¢e (1) yaaz. If chengw heva bee¢ oc if mspen+ion ar a6mdonmmL exceeda one (1)yeu, fiill fees ahellbe peidfot amwpmnit (4) NowozcofaymaonasEdlbedanet6aLwillchhunp themGaalflowofwate¢cautingadcamageprobles, (5) CoiniactorahaLLmtifytheBuildinglatpectortwmry-fouc(24)houcs3nadvencefu aLLinspectioasandahellmwivewrittenapprwatoniaspecaoacadbefoce pmceediugwithsuxassivephssrs offhejob. , The usuance of a peenit o~ the app~ovai of dnwii~gz and apecificatloas shall uot be croshved ro 6e e pennit for, nor an epprwLL of, myviok¢on oftlw p:ovissons oftha buj4ing codrs or eny oher sdinmce, kw, rvle oriegule4on. (11 rl ~ I i i ~ I I N r F _ I Y li. C- n ser5 acK I R/ CGNC.DRNE BRIdC PdVERS _ _ ~ I PATIO 4vER9 Q I f' _ ~~ryry T i OLA { z L S~ I t icy i41 -J 1 ,330 0~ Y ' I I Y . s! -1 i ~ ~ ~ y y n O CD p ~ CD CD ao Cr~ 'C p, r+ O m C o y 'y• ~ ~ ~ ~ ~ C04- ~ ~I ~ 1~+ ~ \ ~ ~ O ~ ~ ~ ~A Np N ~ , V' ~y ~ CD CD v ~ I I I I I I I I ~ I y.~y I l~~ I l ~ ~ eCD-' CD b ~ 0• ~ N ~ ~ ~ ~ rA ~ r 0 0 ~ ~ m 3 1 ~ I--+ ~ wc ~ O A ~ fA y~ ~ O V ~T^ v \vl~O O ~ O ~ k. M b4 ~ . rn ?i w m 5 o E ~D ~ cno ~pox~ CD a0 o ~ ~rs a.~o CD b C7 0 o ~ ~ ~ a rn V l ~ h~ • ~ II V oCD ~ ~ ~ ~ ~ m < ~ e ~ j O •~~t ~ ►ty CD ~ ~ ~ ~ ~ I ~ l 1 wc ~ O ~ NO ~ ~O N C~ i I I I ~ ~ I _ I I t~i I ~ ~ C~ ~ ~ ~ ~ ~ ~ ~ ~ r3 * cD 0 ~ ~ r. rn i-'-~+• ~ r 0 ~ ~ 6197 Building Guide Colorado Chapter of the International Conference of Building Officials At least three completed documents must be provided to apply for a building permit: 1 Complete this Building 6uide by filling in the blanks on page two, and indicating which construction details will be used. 2 Provide a Floor Plan (site plan) showing dimensions of your project or addition and its relationship to existing buildings or structures on the property and the distance to existing property lines. $ Ftll out a buildng permit applicagon. The majority of permit applications are processed with little delay. The submitted documents will help determine if the project is in compliance with building safety codes, zoning ordinances and other applicable laws. The Colorado Chapter of the International Conference of Building Officials is a professional organization seeking to promote the public health, safety and welfaze relative to building construction. We appredate your feedback and suggestions. To obtain a master copy of this Buiiding Guide, please write to Colorado Chapter of the International Conference of ' Building Officials, P.O. Box 961, Arvada, CO 80001. This handout was developed by the Coloredo Chapter of the International Conference of Building Officials as a basic plan submittal under the 1994 Uniform Codes. It is not intended to cover all circumstances. Check with your Building Department for additional requirements. How to Use this 6uide sis7 ~ ' amily R' 1 ' al Patio Co ' ► Carports . DirecUons 325a A K ST . D 1. Fill in the blanks with dimensions and materials which will be used to build the structure. Please print legibly. r- cw 00-c> L O 2. Indicate in the check boxes which details from page 3 will be used. Please note if any of the sides of your carport addition are closer than 3'-0" to the property line, that side of the carport must be enclosed with a solid 1 hour fire rated wall as shown in Alternate Details B and C. You must however, keep at least two sides of the carport open to conform to the building code requirements. A zoning variance may be required. Roof covering OP~1.1 RaPrc~t n~4o A Underlayment O A (aremple: Cless A 3 reb shing/es) (exen e: 2leyers 15N telt) - I ] Sheathin U A FL(f~ 'r (exempl : 12' ezterlarplywood) 12 ~ pitch _ ~_rafters spaced 30 " O.C. (exemPle: 2x B iaRers apECeC24'O.C.) Overhang U ~ lix ~ Z "beam . (exemp~e: (z) zx~o / . . . i . i ❑ Detell A ❑ Detell B ❑ ARernate A ❑ Anernete B (see Pe9e 3) (See pege 9) Existing Span 10'w ` building (a°m°le: 10'-3-) Maximum rise s" Sldirig ~ A at door ~ 6'_8" (lor mare e only) ~ ❑ Detall C minimum ❑ Alternate C Slope (sw pege3) - P--"X ~o "posts ' . . . . • ; (arample: 4 x4 % ♦ spaced 14 apart ia,~ma: s~ Concrete Slab : minimum Minimum Diameter Pier 8" Footing ~ A „x „ (lorAlfemete C arlyJ This handout was developed by lhe Colorado Chapter of the Intemational Conference of Building Oificials es a basic plan submittal under the 1994 Unitorm Codes. It is not intended to cover all circumstances. Check with your Building Deparfmeni for additional requirements. 2 6/87 Existing roof rafters or trusses Galvanized metal joist or rafter hangers ~ Extend underlayment from naw roof a minimum of 18" onto existing roof Cont.2zledger Remove existing fascia ~ Secure to wall with 41/2' x 3/8" bolts 0 16' O.C. Locate boRs to peneirate top plete or studs Existing wall Note: Remove brick veneer or siding at top of wall before installing crontlnuous 2x ledger Solid 2x blocking connector metal posUbeam Minimum 3 1/2"1 concrete slab / ii-- 1 8" minimum diameter concrete caisson 8.. Galvanized column base w/ 1 " spacer to concrete This handout was developed by the Colorado Chapter of the Intemational Conference of Building Otficials as a basic plan submlttal under the 1994 Uniform Codes. It is nat intended to cover all circumslances. Check with your Building Department for additional requirements. Lap underlayment a minimum of 18" under existing roofing felts Solid 2x blocking Existing wall 5/8" type "X" exterior gypsum sheathing Existing Roof Cont.2x6 secured to existing roof w/41h'x318" lag bolts at each raiter or truss Solid 2x blocking~ 2x cedar or ~ redwood facia Exterior siding ~ ----u 5/8" exterior gypsum board soffit Infill between posts w/ Galvanized metal 2x4's 0 16° O.C. posVbeam connector Bottom plate shall be treated Infiil between posts wood or Foundation redwood w/ 2x4's 0 16" O.C. Check local building department for swelling soils. caissons may be required. 3'-0" I minimum ~ ~Footing I~ --'I ~ (U VI~E REMOVAL-SURETY-INDEMNIFICATION AGREEMENT , A. Introductio ke n d Smith and Claudia A. Smith, hereafter "homeowners", installed a Florlift, hereafter ')evice" into their newly constructed residence at 3230 Oak treet heatridge, CO 80033, hereafter "residence". The Device did not comply with the applicable building and elevator codes, hereafter "Elevator Codes", as it did not contain an emergency brake feature and other features that are required by the Elevator Codes. Although the Device was designed and marketed for the intended use in other jurisdictions, the City of Wheauidge Building Inspectors, hereafter "City", did not approve it for installation into the residence. Homeowners requested a variance which was the topic of a February 12, 1998 Building Department Hearing, hereafter "Hearing". Subsequent to the Hearing the homeowners and the City attempted a resolution of the matter. The City granted a conditional variance to the homeowners and the homeowners entered into an agreement concerning the device which would allow the homeowners to keep the device in their home so long as they agreed to remove it when Kevin C. Smith, who uses a wheelchair, no longer resides at the residence. The City requires an indemnification and surety agreement to protect the City and guarantee the homeowners performance. B. Covenant To Remove Device Homeowners agree to remove the Device that is located in their residence when Kevin C. Smith no longer resides at the residence or no longer requires the need to utilize the Device. This covenant shall run with the land and shall bind all successors, assigns and shall be enforceable by the Ciry. Homeowners shall be liable for any and all attomey's fees that may be incurred by the City if for any such reason homeowners refuse, despite reasonable efforts by the City to enforce the Agreement. C. Surety Aereement Homeowners agree to place on deposit the sum of $3,000.00 with First Bank of Colorado, N.A., in an interest bearing account for the benefit of the Chief Building Official of the City, such that said sum plus accrued interest cannot be withdrawn in whole or in part without the express written wnsent of the Chief Building Official of the City; said sum to be used by the City in order to carry out the preceding obligations of the homeowner in case the homeowner refuses, defaults or has inability to perform the above stated agreement concerning removal of the lift. Page 1 of 4. D. Indemnification Ajzreement Homeowners hereby indemnify the City, it's Building Inspectors, any and all Elevator Inspectors employed by the Denver Regional Council of Govemments, Mike Roberts, Native Sons Construction, Inc., Sandy Thompson, architect, Dick Surratt, Vertical Transportation Maintenance, as well as their staff, supervisors, agents and assigns, hereafter "Indemnitees", including but not limited to the following: Dick Youngkin, Chief of Elevator Inspectors for Denver Regional Council of Governments, 987-7500, pager 855-8201, cell 908-2202; Jack Eckert, Chief Building Official, City of Wheatridge, 235-2853; Jack Bateman, elevator inspector, 235-2855, and all other persons including material men who are in any way associated with the granting of a conditional variance and installation of the lift. The condition and basis for this agreement is as follows: WHEREAS Indemnitees make no representations concerning the safety of the lift installed by the homeowner and have allowed the homeowner to keep the lift installed because of hazdship. WHEREAS the Indemnitees wish to guard against any and all claims by any Claimants including but not limited to the homeowners, their children and family members, their occupants, tenants, guests, agents, heirs, assigns, invitees, licensees, hereafter referred to as "possible Claimants" for any and all claims of whatever nature including but not limited to clauns for wrongful death, personal injury, property damage, and whatever other claims may ever be filed that in any way involve operation or damages caused by the device, hereafrer "possible claims". WHEREAS homeowners acknowledge that the Indemnitees make no representations, wananties or assurances regarding the safety of the device and that homeowners assume all risk for the use, operation and installation of the device. Homeowners agree to allow for the device to be inspected every six months upon reasonable notice of the City or it's designated inspector. Homeowners further agree that if the inspector reasonably requires maintenance of the device or replacement of a part of the device, that homeowners shall refrain from using the device until such maintenance or part has been performed and or installed. WHEREAS homeowners, individually and on the behalf of any and all possible Claimants, as described above, hereby indemnify, release and forever hold hatmless the Indemnitees against any and all possible claims from any and all possible Claimants, for any and all damages, of whatever nature, that may be claimed now or in the future that hereafter may be claimed, and to forever release said Indemnitees. This agreement shall run with land and shall enure to the benefit of all the Indemnitees, without any future lunitation whatsoever. Page 2 of 4. WHEREAS HOMEOWNERS SWEAR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY WITH THE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, AND TO PROVIDE EVIDENCE OF SURETY TO THE INDEMNITEES THROUGH THEIR AGENT JOHN ECKERT WITHIN 10 DAYS, TO SUBMIT FOR APPROVAL THE PROPOSED DEVICE INSTALLATION WITHIN 30 DAYS, AND TO COMPLETE IT'S INSTALLATION WITHIN 60 DAYS OF THE DATE OF THEIR SIGNATURES BELOW. y -7-52 Date Revin-C,-~$mith, homeowner, individually and on behalf of all possible Claimants STATE OF (^o% ) Date -q-qy Claudia A. Smith, homeowner, individually and on behalf of all possible Claimants ) COUNTY OF A a P ) SUBSCRIBED AND SWORN to before me this q# day of Li 19 ~ My Commission Expires: ?j~~ j~; I;'[;~ l , My address is: !Dle, e 6 ~OC~ Z~ , Notary Public Page 3 of 4. E. A¢reement of the Ciri THE CITY OF WHEATRIDGE THROUGH THEIR CHIEF BUILDING OFFICIAL, 70HN ECKERT, OR HIS LAWFUL DESIGNATE, HEREBY AGREE TO GRANT A VARIANCE CONDITIONED UPON HOMEOWNERS PERFORMANCE OF THE OBLIGATION STATED HEREIN AND SUBJECT TO THE CITY'S REASONABLE APPROVAL. THE CITY SHALL REASONABLY DIRECT AND APPROVE THE INSTALLATION WITHIN 60 DAYS OF THE DATE THAT THIS AGREEMENT IS SIGNED BELOW. Jo Eckert, Chief Building Inspector, or his Designate for the City of Wheatridge 6;~B- _ D e STATE OF QYWAB~_ ) r ) COUNTY OFk~~~~) ~ SUBSCRIBED AND SWORN to before me this 13~~ day of~ My Commission Expires: '1-a,q -qC{ My address is: `15M \K, c~q% AO~- ~ kkc\c~- , CG wa.6 Nota P b 'c ~gV~. Page 4 of 4. 7500 West 29th Avcnuc The City of W"tieat Ridge, Coloraclo 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 ~u I (I^ March 1, 1999 Mr. Kevin Smith Attomey at Law 650 South Chcrry Street, S Denver, Colorudo 80246 Re: 3230 Oal: Street, Lot 6- Drainage Concerns Dear Mr. Smith, Thank you for your letter dated February 19, 1999. In response to your concems in this letter regazding lol drainage at the above referenced address, the following information is provided: Regarding your concern that the preparation of a drainage survey for the Applewood Reserve propcrty should have been prepared, an overall final grading plan was approved September 8, 1995 by the Public Works Department for the Distinctive Addresses at Applewood proj cct. 2. Regarding your concern that you believe the City of Wheat Ridge allowed the developer and/or builder to alter historical drainage patterns the result oFwhich have caused water to pond in your yard, is addressed as two separate issues. The first issue pertains to the effect(s) of the proposed overlot grading design for the entire project, and in particular your property. Reviewing this area of the plan indicates that the proposed grading was not to be significantly altered from the existing topography in or around your lot. The developed pattem of drainage is essentially the same as the historic pattem, sloping from southeast to northwest. To confirm that a project's drainage improvements and grading are completed as designed, the City requires a letter of certification from the proj ect's civil engineer. This letter was received by on May 20, 1996, and is provided for your information. The second issue relating to your concern pertains to the actual site grading of your lot in relation to the foundation elevation of a proposed single family residence constructed. Specifically, typical building standards for single family residences require that all lots be graded to slope away from the proposed structure, and carry runoff along property lines. In addition, finished floor elevations are to be placed high enough as to allow for a minimum of a 2% slope away from the foundation. It is my understanding that the initial final grading of the reaz yard was in violation of building codes for being placed above the sill plates, and in contact with non-treated lumber. (See Mr. Kevin Smith Page 3 I e t information provided has been helpful towards addressing your concerns. If you have any estio s, please do not hesitate to contact me at 303-235-2868. Si rely, ~ 4-1 Greg Knudson, M.P.A. Development Review Engineer cc: Robert Goebel, Public Works Director Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Darin Morgan, Codes Administrator File 1< R&R Engineers-S'urveyors, Inc. May 20,1996 Ciry of Wheat Ridge Enginaring Department 7500 Weat 29th Avenue Wheat Ridg,e, Colorado 80215-6713 RE: Distbwdve Addresses at Applewood Genflemen: This latter is to advise that on May 17,1996, the overlot grading and road constivction wara fouzid to be m general confoimance with the approved Site Improvemmt Plans dated June 24, 1994. !f you have any quesaons or would require additional infomnYion please call. Respectfuly submitted, R& R ENGIlVEERSrSUR ORS, INC. ~ Robort S. Taylor, PLS # 28291 cc: APA Distinctive Applewood, Elkto Development apple.cer 10 Invemess Drive East, #224 • Englewood, CO 80112 9 303 / 792-2846 • FqX ! 790-0754 CI1'Y OF WHEAT RIDGE 7300 W[sT 29m AvENUC WMGiRipaC CoLonAoo 802 I 3 IJOJI 2J62B5J Fu: (3071 236-2B37 November 10, 1997 Kevin Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Deaz Kevin Smith: On October 7, 1997, the properry at 3230 Oak Street was granted a temporary Certificate oF Occupancy. The outstanding items on this document that were Found to not be in compliance were grading, landscaping and the elevator. These items must be brought into compliance before the temporary Cerrificate of Occupancy expires on February 7, 1998, so that a permanent Certificate of Occupancy may be issued. If these items aze not brought into compliance the city will pursue corrective acrions, up to and including condemnation and eviction procedures. Listed below aze the specific items that aze found not to be in compliance; I. The reaz yazd grading poses a hazazd to the structural stability of this house since the final grading allows the soil to be above the sill plates and in contact with non heated lumber. 2. The landscaping was not in at time of final inspecuon. 'Ihis item was resolved with an escrow agreement. ( See escrow agreement ) 3. The elevator does not comply with minimwn safery requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted standazds. B. The elevator must be replaced with one tha[ complies with adopted standazds. C. The elevator must be removed and the floor replaced where the elevator was. Items one and three remain uncorrected and aze considered code violadons under the Uniform Building Code. Any person having any record tiUe or legal interest in this building may appeal from the notice and order or any action of the Building Official to the housing advisory and appeals boazd, provided the appeal is made in writing as provided by the code, and Fled with the Building Official prior to January 8, 1998. Failure to appeal will consUtute a waiver of all rights to an abatement hearing and determination of the matter. If any questions arise regazding this matter, feel free to call me at 235-2853 Sin ely, ~ 1.,i ~ ]ohn Eckert Chief Building Official The City ot 7500 WEsT 29TH AVENUE ~Wh e at WHEAi RIDGE. CO 80215-6713 (303) 234-5900 . City Admin. Fax 9 234-5924 Police Depl Fax a 235-2949 `;Ridge January 19, 1998 Mr. Gre-, Weiman Landscape by Design 20521 East 45" Avenue Denver, Colorado 80249 Re: 3230 Oak Street - Completion of Site Grading Dear Mr. Weiman, This letter is to inform you that the final grading and sump stnictures placed to accommodate site drainage at the above referenced address were inspected on January 14, 1998 and are acceptable to the Public Works Department. If yo 7hVe any questions, please contact me at 235-2863. Si ce, ~ reg KS~udson, M.P.A. Development Review Engineer cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Meredith Reckert, Sr. Planner ' John Eckert, Chief Building Inspector File 0 NECVrL-C'.,.;npu 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 235-2868 Ridge FAX 303/235-2857 Mazch 1, 1999 Ivlr. Kevin Smith Attorney at Law 650 South Cherry Street, Suite 820 Denver, Colorado 80246 Re: 3230 Oak Street, Lot 6- Drainage Concerns Dear Mr. Smith, Thank you for your letter dated February 19, 1999. In response to your concerns in this letter regarding lot drainage at the above referenced address, the following information is provided: Regazding your concern that the preparation of a drainage survey for the Applewood Reserve property should have been prepared, an overall final grading plan was approved September 8, 1995 by the Public Works Department for the Distinctive Addresses at Applewood project. 2. Regarding your concern that you believe the City of Wheat Ridge allowed the developer and/or builder to alter historical drainage patterns the result of which have caused water to pond in your yard, is addressed as two separate issues. The first issue pertains to the effect(s) of the proposed overlot grading design for the entire project, and in particular your property. Reviewing this area of the plan indicates that the proposed grading was not to be significantly altered from the existing topography in or around your lot. The developed pattem of drainage is essentially the same as the historic pattem, sloping from southeast to northwest. To confirm that a project's drainage improvements and grading are completed as designed, the City requires a letter of certification from the proj ect's civil engineer. This letter was received by on May 20, 1996, and is provided for your information. The second issue relating to your concem pertains to the actual site grading of your lot in relation to the foundation elevation ofa proposed single family residence constructed. Specifically, typical building standards for single family residences require that all lots be graded to slope away from the proposed structure, and carry runoff along property lines. In addition, finished floor elevations aze to be placed high enough as to allow for a minimum of a 2% slope away from the foundation. It is my understanding that the initial final grading of the rear yard was in violation of building codes for being placed above the sill plates, and in contact with non-treated lumber. (See Mr. Kevin Smith Page 3 I e t information provided has been helpful towards addressing your concems. If you have any estio s, please do not hesitate to contact me at 303-235-2868. Si rely, Z Greg Knudson, M.P.A. Development Review Engineer cc: Robert Goebel, Public Works Director Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Darin Morgan, Codes Administrator File 1< 178cR Engineers-Surveyors, Inc. May 20, 1996 City of Wheat Ridga Engineering Department 7500 West 29th Aveauc Wheat Ridge, Colorado 80215-6713 RE: Distinctive Addresses at App2ewoad Genflemen: This latter is W advise that on May 17,1996, the overlot grading and road eonshuction wara found to be ia general conformance with the approved Site Improvement Plans dated Juue 24, 1994. If you have any questions or would require additional information please call. Respectfiilly submiffed, R& R ENGIlMERS~SUR ORS, INC. PA:x Ro6ert B. Taylor, PLS # 28291 cc: APA Distinctive Applewood, Elkto Development apple.cer 10 Invemess Drive East, #229 • Englewood, CO 00112 • 303 / 792-2846 • FqX f 790-0754 CITY OF WHEAT RIDGE 7500 Wcs* 20m AvcnUc WeurFiooc Coww.oo e02 i 6 (J03) 233-286J Fwf[: (IDOJ) 233-2837 November 10, 1997 Kevin Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Deaz Kevin Smith: On October 7, 1997, the property at 3230 Oak Street was granted a temporary Certificate of Occupancy. The outstanding items on this document that were found to not be in compliance were grading, landscaping and the elevator. These items must be brought into compliance before the temporary Certificate of Occupancy expires on February 7, 1998, so that a permanent Certificate of Occupancy may be issued. If these items aze not brought into compliance the city will pursue corrective acrions, up [o and including condemnation and eviction procedures. Listed below aze the specific items that aze found not to be in compliance; l. The reaz yazd grading poses a hazazd to the structural stability of this house since the final grading allows the soil to be above the sill plates and in con[act with non treated lumber. 2. The landscaping was not in at time of final inspection. This item was resolved with an escrow agreemen[. ( See escrow agreement ) 3. The elevator does not comply with minimum safety requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted standazds. B. The elevator must be replaced with one that complies with adopted standazds. C. The elevator must be removed and the floor replaced where the elevator was. Items one and three remain uncorrected and aze considered code violations under the Uniform Building Code. Any person having any record tiUe or legal interest in this building may appeal from the notice and order or any action of the Building Official to the housing advisory and appeals boazd, provided the appeal is made in writing as provided by the code, and filed with the Building Official prior to January 8, 1998. Failure to appeal will constitute a waiver of all rights to an abatement hearing and determination of the matter. If any questions arise regazding this matter, feel &ee to call me at 235-2853 Sin rely, / / t,~ John Eckert Chief Building Officiai 7-00 WEST 29TH AVENUE WHEAT RIDGE. CO 8021 5-671 3 (303) 234-5900 City Admin. Fax a 234-5924 January 19, 1998 Mr. Greg Weiman Landscape by Design 20521 East 45'h Avenue Denver, Colorado 80249 Police Dept. Fax q 2354949 Re: 3230 Oak Street - Completion of Site Grading Dear Mr. Weiman, GWheat GRidge This letter is to inform you that the final grading and sump stnictures placed to accommodate site drainage at the above referenced address were inspected on January 14, 1998 and are acceptable to the Public Works Department. If yo ve any questions, please contact me at 235-2868. Si ce,r ely, ~ reg Kudson, , M.P.A. Development Review Engineer cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Meredith ReckeR, Sr. Planner ' John Eckert, Chief Building Inspector File The City ot C., NEC,C"SC'-+"F1 \Z.CG, p : Z/ Z.Z/°t1 ! KEVIN C. SMITH Attomey at Law 650 S. Cherty Street, Suite 820 Denver, Colorado 80246 (303) 377-6633 FAX (303) 377-6003 1-800-923-2529 February 19, 1999 City of Wheatridge Drainage Engineer 7500 W. 29" Avenue Wheauidge, CO 80215 RE: 3230 Oak Street Dear Drainage Engineer: Please note that this letter is concerning our family at 3230 Oak Sueet in a recently platted subdivision called Applewood Reserve. When the Ciry of Wheatridge platted Applewood Reserve several years ago, a drainage survey should have been prepared. To my information and belief the City of Wheatridge allowed the developer and/or builder to alter historical drainage patterns the result of which have caused water to pond in our yard. According to a verbal report of our landscape specialist the ponding water is threatening several thousand dollars worth of landscaping. To abate the problem requires immediate action is required. Please be advised that time is of the essence in this matter. Several valuable trees may have already been lost and the sooner action is taken prior to the spring rain and thaw the greater the possibility of mitigating the damages exists. Please consult the drainage survey that was undertaken when the plat was filed. Please provide me with your assessment of whether historical drainage patterns have been altered. Advise me within 30 days as to what steps that will be taken to abate the problem. The receipt of a satisfactory plan of abatemen[ within 30 days will avoid the filing of a lawsuit at that time. Respectfully submitted, /Ze~-` C . Yz4UW Kevin C. Smith KCS/amb ka~Wniimge.l The City oI 7500 WEST 29TH AVENUE ~ WHEAT RIDGE. CO 8021 5-6 71 3 (303) 234-5900 W h e at Ciry Admin. Fax u 234-5924 Police Dept. Fax x 235-2949 q Zidge DaTE: rD - -7 - 1~h' TO: ACCOUNTING DEPARTMENT FROM: DIRECTOR OF PLANNING & DEVELOPMENT SUBJECT: ESCROW REFUND Reimbursement is requested for escrow funds being held for: ~'D30 The landscaping has been completed to the City s satisfaction. RELEASE TO: .f~ U 1'y) 'f yy~ ~4-h ,.,z~ 3a3D Oa-A; 64re-~ ~cJ~2FG~-t ~t.ol~C , CO ~OU 3~3 AMOLTNT: 4 1j 100.60 - /40 IV k Alan White, Director of Planning & Development ~ j RECYCLED PaPER PERMITNVMBEN 97-4518 ~ 0 m 71 N 0 O 0 ~ d m m y c o a 3 ' ~ m N y a o ~ ~ \ J T 0 9 ~ S m m O ~ :E m o Z C n 0~+ 9 m m O m m y a m m g- ~Q ~ m N a ~ ' y n ~ m rD O ~ 3 ~ T s~ w ~ c 3 n m ~ < o o A rD y c Q 9 a (D s = am ~ m F (D ~D ~ O » a 0 ~ O m ~ d m f G) O D v r m O ~ m 9 O ~ O 9 O N Z f!1 O H < C C Z m n 9 ~ ~ 7C ~ m w c < m»mm T ~ M9 y _ n ' m + a mmC tn y ~ mmmm ~ ~ ~ rF 6 ..m m - ~°c mw U0 s~ ~mm~ ~ ~ N m S ma3m 1~1 ^ omca ~ ~ ~ 9gO w~'^ a c ao°~T m , ~ ~ ~.m0° n~S O m m a n a o =m O 1 ~ mo~ m< n~ p 0 C m .O = mm v 9 ~ ~ c m a N p, m m na ' ~ < Q o Mm o ~ ° o °w ~ W a . m 3 4 n N ~ ~ ~ 1 O m m w m ~ N O Q 03~ CD ~ ~ (n C+ ° a C-+ 0 -1 m f a~ c' N Z C+ O 0 Z -4 9 D 0 4 O 9 z a+ ct < CD ~ S rD P~ Lo C+ co :0 d ~ (D O PEPMRNUMlER 97-4518 ~ 0 ~ m 0 0 ~ m m m D p 6 a J m w ~ m ~ m o ~ \ h 3- ~ Z ~ O m m m m o y ~ m O = 0 a a m ~ d ~ a ~ A o~ 3 ~ 3m ~ c n y N `G O O m a m c D a a= m 'a m F 0 C 0 'o m a m ~ o F 0 ~ x m O r O ~ Z ~ C ~ O N m ~ ~ ~ N ~ a ~ ~ A (D a N ~ n ~ a ~ r m O ~ m n D O N Z N w N W 0 O ~ F ~ h ~ m (D rr 0 0 z ~ D 1 O 9 Z ~ ~ < (D N O N o f « ~ z ~ m 9 ~ o (D ~ m 3 m N ~ ma~ c ~ mm~m 7 Q /1 ~ m ~ T 3a~ + M O tp m W ~ F'ni n p (b J Iw.l J m M 3 p Q a~»c 7 ~ o 0 ~ A ~ =3~ o m - > y ~ o w cpl -1 . m m ~ ~ n 'ila~ n y j ~ 'S m ~p O CD ~ na'pn O y ~ma n~ y ° 9 n,:z o ~ c ~ m Oa O ~ mm~ ~ ~N ^ ~ O v w m n k m 9 ~ p, ll m aQm ~ tNm C~ 9 60 x (D > w N 3 f 0 Q O N O ^ m N C ro a, (D ~ E; ~ w ~ i p OV F o 3 o :a a (U C) (n ~K ~ r ei- = mF° c v (D m o-m a m -s vr ~ g o 3p Q m V V . ~ F~ lO to ko tp V V I~ • ~ (OPTION D or E) ESCROW AGREEMENT LANDSCAPING & PUBLIC IMPROVEMENTS TO: City of Wheat Ridge P.O. Box 638 Wheat Ridge, Colorado 80034 The sum of Eleven hundred dnd n0/-------------------------------------------- DOLLARS (4,100.00-------- ) to be held in escrow with City of Wheat Ridge (City of Wheat Ridge, Option D) (Bank, Option E) gjd&%~~~gjjWjWfa=eeVCOmpleiead lation until landscaping and - 3230 Oak Street I (Description) Wheat Ridge, Colorado by Na ive Sons/Kevin Smith - , (Contractor/Developer/Owner) The City of Wheat Ridge shall have the absolute right to withdraw the and so forth Escrow funds for the purpose of completing the landscaping X2(*10(%(%1CXA(1 improvements for should Native Sons/Kevin Sinith (Contractor/Developer/Owner) fail to complete or provide said landscaping and public improvements prior to the date of 2/7/98 The only requirement to withdraw the Escrow funds in behalf o£ the City of Wheat Ridge shall be a letter from the Planning & Development Department of the City, executed by the Director of said Department and witnessed by the Mayor of the City of Wheat Ridge. Said letter shall state that the landscaping, as above set forth, have not been completed or provided by Native Sons Kevin Srnith (Contractor/Developer/Owner) and that the date of FebruarV 7 1997 has expired. (over) (OPTION D or E) ESCROW AGREEMENT LANDSCAPING & P BLI IMPROVEMENTS -2- ACCEPTED: Planning & VO"c- 6,LA.rJ W N-t'T1e7 opment - City of Wheat Ridge) (Bank - Option E) , Address /Developer/Owner) Phone Number Address Date Phone Number Temporary Certificate of Occupancy for structures covered by this agreement may be issued by the Mayor of the City of Wheat Ridge for a time period not to exceed six (6) months upon acceptance of this agreement by the City. .:pEPARTMENT OF RLANNING AND DEVELOPMENT Building Permit Number : 7151 ; BUtLDifi1G 1NSPECTtON DIVISION - 235-2855 CITY OF WHEAT RtQGE Date : 5/29/98 7500 WEST 29TH AVENUE WHEAT RIDGE, GO 80215 Property Owner. Property Address : 3230 Oak Street Phone : 237-3419 Conhactor License No. : 20004 Company : Ray-lor Inc. Phone : 722-7095 OWNER/CONTRACTpR SiGNATURE OF UNDERSTANDING AND AGREEMENT ConxtrucGon Value : $1,850.00 (OWNER)(CONTRACTOR) SI6NED DATE I U5@: Description : Residentia6 elevator enclosure BUILDING DEPARTMENT USE ONIY Approval : Zoning : ~m Approval: Approval : Occupancy : Walls : Roof : Stories Expiration Date : Approval : Electrical License No : Company : Plumbing License No : Company : Mechanical License No : Company : Expiradon bate : Approval : (2) (3) (5~ (8) Permit Fee : $57.75 Plan Review Fee : $0.00 Use Tax: $27.75 Totai : $85.50 SIC : Sq. Ft. : Residential Units : Expiretlon Date : Approval : mcoscoordde wwn~ tk1Ig° ~aao` oae1r af0i~y"hn o i°D`~aPViiwae"~omi e a° cn ~iBws a nb scab or cwor.ao ~a m ms zoMrg oi~720 th' woAc euUw~fzed is not commenced within sixry (80) tlays Uom lasua tlete or (B) Y~e buiking aWhoAzetl b suspentletl a NEEF; / be acONrod for a(ee of onefl tha ertauM ~w ,ry t~upans bn ar ebandonmehes not exceadeB peW fGr 0 r~Vp9rtN~ Mat wiN C~~pe 1M nahuel floMweter Ceuei~q oecla lweMy/our (24) ~wB dvanp fa atl intlr Ob. val ~tlrowinpe and spadflmdaheN fwt be wnna ~na~e. 4w~ Me or repulatlon. . . . THIS PERMI7 VALID ONLY WHEN SIGNED BY THE CHIEF BU{LDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO IN3PEGTION DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE Date f zy I4~ 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Property Owner :~iz~1 5 w~TCh Property Address : 32 3c, O R K S t'. Phone : 2 311- 3 L{ 1 q Contracror License No. : Company: Phone: .7 22-,r) a,r ~ OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT Construction Vaiue : lm.50, .b I hereby certify that the setback distances proposed by this pefmft applieation are accurete, and do not violate applicable ordinances, rules or regulations of the Gry of Wheat Ridge or wvenants, easements or restridions of record; that all measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wheat Fiidge ordinances, tor work under this pertnit. (OWNER)(CONTRACTOR) SIGNED ~IL~~~ Ii YLy~ DATE S~ US2 : Description : (2.~'i4 V)`t.vtA( ~~'tJ•~,.~-t~ °t.r.' c~nSct✓L'z BUILDING DEPARTMENT USE ONLY ~'M 8 Approval: Zoning : ~~Ingw-oLnlae11wz Approval: Approval: Occupancy: Walls : Roof Electrical License No : Company : Expiration Date : Approval : Plumbing License No : Company: Expiration Date : Approval: SIC Sq. FL : Stories : Residential Units : Mechanical License No : Company: Expiration Date : Approval: (1) This permil was Issued In acmidance wiN the provisions sM IoM In yapur applicaUOn an0 is su0ject to Ma laws M the StMe M Cobrado anE M the Zoninq aegulations anE BuilAiny Cade d Wheat RiEpe, Cobroao a any olher appBnae arainances af Ne Ciry. (2) Tt~is pemvl slwll expirc A(A) the wak aWwfaed is nol cortmenced wI1Nn suty (60) Caya hom Issue Eale a(B) Ne builCinp auUwrizM is suspenCM a aEaMOned fof a pMOO o/120 days. (7) if Nis pemM expiro, a new pertrvt may Ee xquired lu a/ee o/ me-haM the armunt normalry requireE. Provided ro Wnpes have been v wiN be maCe in the oriqinal plaiu anE speaficaUans aM afry suspension or aEanOOnment lus not e<ceeEed one (1) year. It chargee aro maEe a H wspenaion or aOaiWonmant ezueds aw (1) year, lull feea ahall be paW lor a new pertniL 11) No woAC ol any manner ahall be Eona Mat wili rhange the natural Ilow ol water nusiny a Cninage proOlem. (5) Conlraclu slwll ratiry the BuilCinp InsxMr twenrydour (24) Murs in advance lor ail mspeclions aM shall receive wrMen aOP~~I on Inspectbn ard belore proceeEiirp with suaessNe phaxa o~ the lob. (6) The isauance of a pemnit a the approval o/Orowinqs and speci(raUons stull ral Ee consWed to be a pemtit lu, nor an apprwal ol, airy vbla0on ol Ma proWSbns . d the DuilOinq m0ea o( any oNM ordinance. Ww. mle or repuWlan. Chief Buiiding Inspector For Mayor Permit Fee : Use Tax : Total: $0.00 THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION DIC0G 2480 W. 261h Avenue • SuiTe 200B Denver, Colorado 802 1 1-5580 (303) 455-1000 • FAX (303) 480-6790 Denver Regional Council of Govemments e-mail: dreog@iex.net . website: www.dreog.org A portnership of local govemmenis serving ihe region since 1955 Apri130, 1998 Kevin and Claudia Smith 3230 Oak Street Wheatridge, CO 80033 Deaz Kevin and Claudia, "Ihank you for the opportiuiity for Jack Buhman and myself to examine your chair lift in order to successfully attempt aheration for code compliam upgrades. Listed aze the items that were discussed in great detail between Kevin Smith, Jack Buhman, and myselt Dick Youukin. • Install a Plexiglas guard on the mast of the chair lift, level with the top of the platform enclosure, to a height of 47" and width of 27". This guard will be installed on the platform side of the mast. • The platform enclosure may be redesigned &om 48" in height to 36" to match the top floor three sided encloswe. • Install key pad and/or key operation on the platform and at both landings. This option will be Left to Kevin for the Snal decision. Both methods aze acceptable. • Install the front wall of the enclosure &om floor to ceiling, keeping the door as close to the shaft edge as possible. The doot may be hollow core and shall have closer type hinges. ElectricaUmechanical interlocks are required. This is required at both landings. • Install a 36" aiixiliary wall at the top floor on the remaining three sides of the openang. Kevin requested that the area between the 36" wall and the eacisting walls also be enclosed to become a shoe shelf. • At the lower landing, enclose the remaining two walls ofthe enclosure, those being the North and West wall. The existing East wall of the basemem will now become part of the shaft enclosure. The North wall of the encloswe may be Plexiglas for additional use of natural light. • Access to the pump unit, controls, and cylinder must be &om another door to be installed in the South wall of the enclosure adjacent to the platform door. This door must have a storage t}pe lock set. • Install lighting in the area now to be known as the machine room, that houses the purnp unit, controls, and mast. • Check unit for alignment to elimiuate metal to metal contact as $ approaches the bottom lauding. • Install emergency stop switch on the platform. Make this switch be activated by pushing and acceptable in size to accommodate Kevin. Board Officers Execufive Commitfee Morgoret W. Carpenler,Chairman Polly Poge, Choirmon M. Michael Cooke Michelle Lawrence Polly Poge, Vice Chairman Jan Schanck, Vice Cholrnion Poul D. Danish Robert Poirot Jan Schenck, SecreTary-Treasurer Morgaret W. CarpeNer CandY C. Figo Joe Rice Roland E Cole, Immedlote Past Cholrman Roland E Cole Mortln J Floum Wellington E. Webb Robert D. Fadey, ExecuTive Direcfor Page 2 3230 Oak Street • ALL controls aze to located as to be conveniem and accessble for Kevin. • Replace the damaged arm on the slack chain switch. • Adjust the platform to ]and at the bottom, all four comers at the same time. Preseutly, the North end of the platform is land'mg first. • Remove existing trap door at the top floor. Remove the push brackets &om the mast, but leave the stanchion arms for a p]ace to secure the Plexiglas guard. • Upon completion of all the additional electrical changes, a asbuitt wiring schedule must left in the controller. • Install missing 7501b. capacity plate on the platform next to the operating controls. Drawings for the encloswe were reviewed with a couple of minor changes noted and were approved. Please feel free to contact me if you have any questions regarding my report. Res,ctfiilly, 1t(1«"4- ~6/ll Dick Younk~fi Elevator Code Administrator cc; John Eckert Jack Buhman MEMORANDUM I A roved Date TO: Alan White, Planning & Development Director FROM: Greg Knudson, Development Review Engineer DATE: June 29, 1998 SUBJECT: 3230 Oak Street - Drainage Problem This memo is in response to your memo dated June 25, 1998 concerning the drainage problem at the above referenced address, and the two questions you posed. The Public Works Department does not have any rules/regulation/policy prohibiting dischazge into the curb and gutter, or the relocation of an existing sump pump outlet. However in an effort to resolve this problem, along with the algae now collecting on the sidewalk area, a City standazd chase section can be installed in the curb, gutter and walk at this location. This work will require that the existing concrete be removed, which should eliminate the low spot when the new concrete is placed. I am in the process of coordinating this work with the City's concrete replacement program. If you have any questions, please do not hesitate to contact me. ~ cc: Bob Goebel, Public Works Director File ~F WHEAT/P City of Wheat Ridge ~ o Planning and Development Department U m Memorandum TO: Bob Goebel, Public Works Director Greg Knudson, Project Review En.-ineer FROM: Alan White, Planning and Development Director SUBJECT: Property at 3230 Oak Street DATE: June 25, 1998 I met with the owner of the subject property, Kevin Smith, on June 22. One discussion issue was the property next door (10750 W. 32nd Place) where an outlet pipe from a sump pump is draining across the sidewalk and ponding in the gutter. The ponding is occumng on the east side of the cul-de-sac at a low spot in the gutter which doesn't drain to the north as it should. Because of the frequent discharge from the sump pump, algae has formed on the sidewalk and in the gutter. Mr. Smith was required to end his sump pump outlet approximately 10 feet inside the property line. My questions are: 1. Do we have any rule/policy/regulation that prohibits discharge from a sump pump into the gutter, or must the outlet be located some distance from the property (r-o-w) line? Can we require the propeRy owner to the north to relocate his sump pump outlet? 2. The ponding is due to a slight construction defect. I do not know when the subdivision public improvements were constructed. Is this subdivision still under warranty, and can we require the developer to repair the curb/gutter? This may not be necessary if we can take action on the pump outlet. - Thanks for any insight you can give me. I will follow up with Mr. Smith when I heaz from you. G J,. K34 5E-CK- ~ ~ t. 1 - - - - - - - - - - y ~ y ~ - I Ul i 4 yv 'h S . 3-30 oc ~fi r DEPARTMENT OF PLANNING AND DEVELOPMENT : BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Building Permit Number : Date : q 7 ~ Property Owner : Kevir0 't Gtc,~,al.,q SY"" Property Address : 30~ 30 o0. ~C Sfi• Phone :a?37-3`1/~ Contractor License No. : Co,mpany : Phone : OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT Construction Value : I hereby certify that the setback disianqes proposed 6y this pertnit application are accurate, Pefrt~if FBe : and do not violate applicable ordinances, rule5 or fegulations of the Ciry o( Wheat Ridge or covenanls, easements or restrictions o( record; that ali measurements shown, and allegations made are accurate; that I have read and agree to abide by all conditions printed on this Use Tax : application, and that I assume full responsibility tor mpliance wilh the Wheat Ridge Building Code (U.B.C.) and all other applicable Wp~2~1 Ridg dina s, h for work under this pertnit. //N Total : (OWNER)(CONTRACTOR) SIGNED 6U~.LU ~4~4`A DATE6 _0T USE : ~ Description : wco,k, _ F4 ~ 3 F -r n F~. BUILDING DEPARTMENT USE ONLY n Approval : Zoning : Approval : Approval : Occupancy : _ Walls : Roof Electrical License No : Plumbing License No : Company: Company: Expiretion Oate : Expiration Date : Approval: Approval: ~ RECEIVED auc 2 ~ 1998 Mechanical License No : Company: Expiration Date : Approval : ~7~5. SU '7 5 oa 00 $0.00 (1) This pemit was lasued In acmNance wiN Na prov(sions set IoM in yopur appliratbn anC is subject to the lawa o( the Stala ol Cobrado aiM to the Zoniiq Reyulations and BuOtliny CoEe of 4Meat Ridge, CobnEO a any oNer applKaDle atlinancea of the Ciry. (2) TTit pelmit stull espire d(A) the work a WatuM b ml comrtnenced witMn sirty (60) 0ays hom Issue Eate or (e) IM biiidinp auUafizM is suspenEed or aCarWOned tu a peAoE of 120 Oays. (7) II Nis pemtlt espres, a new pertM may be acyuircd fa a lee o/ me-hzlf the artauni rorrtully tepui2C, proviEeC nc Uunqes luve Ceen or will De maCe in the original plans aM spetifKauons and any suspension u aEa'Manment has nol exceeEed one (1) year. II Uuges are maGe w if wspension a aEandanmenl exceeES Me (1) year, hll fees shall Ce paW for a new pertniL a) No wo(k o( any rtunner shall be Oone Vul vrilI Uanpe Itu m Wral Ilow o( water ousinq a dninage probkm. 5) Goniractw shall noGry Ne BuilEinq Irupectar Iwenry-faur (24) Murs In aEvance tor all inspections and stwil receive written approval on Inspection oN Defore procecEiiry vriN sucnsslve phaxa of the pb. (b) The issuance ol a pemN a tha approval a( Erawlnqa arb spedfications shall rol 0e wnsWeE W De a pertnil fu, nor an approval o( u+y NdaGon o( the provisbns . 01 the builEinp codes a any oNer aUlnance. Ww, rule or requWtion. . . IV Aar92f/° . Chief Building Insp$tor For Mayor THIS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION Srories : ~ "Please complete both sides of application form with submittal" 4- The City oi i " 7500 WEST 29TH AVENUE 'PJHEAT RIDGE, CO 90215-0713 (303) 234-5900 City Admin. Fax 4 234-5924 June 11, 1998 Mr. Vashi Sachanandani 11808 W. 44th Avenue Wheat Ridge, Colorado 80033 Dear Mr. Sachanandani: Police DepL Fax k 235-2949 ';Wheat `;Ridge It has come to my attention that in the pursuit of your RV sales and rental business at 11808 W. 44th Avenue, RV's for your business may be stored at the RV storage lot located on Tabor Street. While the conduct of your business at 11808 W. 44th Avenue is permitted under the current zoning, the storage of vehicles used in your business is not permitted on the RV lot on Tabor. The lot on Tabor is zoned only for RV storage by an individual. Storage of vehicles used in your business is an extension of that business use and no commercial activities aze permitted on the Tabor lot. Please refer to the attached letter concerning my interpretation of this use question. Any use of the RV lot on Tabor for commercial purposes is a zoning violation. Should the City determine that vehicles used in the conduct of your business are being stored on this properiy, this Department will initiate appropriate action to obtain compliance. This can include a summons to appear in court and the assessment of fines for each day of violation. Please contact this oftlce if you have any questions. Sincere y, Alan C. White, AICP Planning and Development Director qi RECVQED PHPER Tne City of 7500 WES' 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 City Admin. Fax k 234-5924 February 17, 1998 Pclice Dept. Fax x 235-2949 Mr. Glen Gidley, AICP Zoning and Planning Associates 8684 W. Warren Drive Lakewood, Colorado 80227 Deaz Mr. Gidley: G1Vheat ';Ridge The purpose of this letter is to put in writing my interpretation as Zoning Administrator of allowable uses on property zoned C-1 in the City oY Wheat Ridge. Specifically, the property in question, 11800 West 44th Avenue, is zoned Gl, but is limited in use to recreational vehicle storage. The question requiring interpretation is whether this use includes recreational vehicle sales and rentals. I have concluded that the permitted storage activity does not include sales and rental for several reasons. There are several instances in the Code where storage is listed as a separate use, or an accessory use, to the permitted principal uses in a zone district. Cleazly, the intent was to treat storage as a separate activity. The zoning granted when the property was rezoned to C-1 was restricted to recreational vehicle storage. If other uses were contemplated, they should have been included in the list of restricted uses. Sales and rentals of recreational vehicles is fundamentally a different activity than storage. There may be some similarities and appeazances between the two activities, but one generates more traffic, more customers, and more impacts to the surrounding azea. This interpretation can be appealed to the Board of Adjustment. If an appeal is to be pursued, please contact this office for information on the process and required submittal information. Sincerely, A c vV~L Alan C. White, AICP Planning and Development Director cc: Zoning Log Cj aecvcLeo ana=_a City of Wheat Ridge Planning and Development Department Memorandum TO: FILE FROM: JOHN ECKERT SUBJECT: SULZER MEDICA DATE: FEBRUARY 18, 1998 Permit #96-3253 was obtained for Intermedics Orthopedics remodel. This permit covered the remodeling of the room in question although no details of use were included on the submitted plan other than the room identification of "Cold room". Recently "Sulzer Medica" submitted plans for a tenant remodel. On February 17, 1998 the use of the "cold room" was identified as an H7 occupancy. On February 18, 1998 a meeting was convened with Sulzer Orthopedics to discuss this problem. The following items were agreed upon. The fire suppression system is to be disabled within the room no later than February 19, 1998. Within 30 days of this meeting, an approved fire suppression system is to be installed. Within 90 days of this meeting, an approved fully addressable fire alann system with spill alarm is to be installed throughout the tenant space known as Sulzer Orthopedics. Although it was not discussed in the meeting upon review of the plans for the original work, it was discovered that floor drains were installed. These floor drains must be removed or plugged to maintain containment . CC: Robert Middaugh Alan White Dan Ladd Dave Roberts zn Mazch 2, 1998 F&01PTIER ERVffiONMENTRL 9ERVICES, INC. 770 Simms Slreet, Suite 110 Mr. Bill Evans Golden, Colorado 80401 (303) 234-9350 Director of Operations Fax csos> 234-9371 Sulzer Orthopedics Biologics Inc. 4056 Youngfield Street Wheat Ridge, Colorado 80033 Reference: SITLZERMEDICA, Sulzer Orthopedics Biologics Inc., 4056 Youngfield Street, Wheat Ridge, Colorado 80033 Subject: Hazardous Materials Code Analysis, B-2 versus H-7 Occupancy - Bone Digestion Process Area. Dear Mr. Evans The purpose of this letter is to respond to specific issues currently being addressed by the City of Wheat Ridge and the Sulzer Orthopedics operations at 4056 Youngfield Street, Wheat Ridge, Colorado pursuant to the Uniform Building Code (UBC) deSned occupancies analyses B-2 versus H-7 for the above referenced facility and subject azea. The Front End Room (Area), where bone material digestion is performed, is the azea for which this code analysis was perFormed is for the process room where bone material is de- mineralized using mineral acids, i.e. hydrochloric acid. The room measures approximately 596 square feet, is fully contained by concrete curb (three to four inches in height), epoxy floor coatings to seal the concrete surfaces, and is protected by fire water sprinkler system (six standazd coverage heads). The room containment is constructed such that floor drains are isolated by smaller individual curbing/containment structures. The smaller inside containment azeas within the lazger room containment azea is utilized for vazious water & detergent washing equipment. The room houses technical equipment, tanks, valves, piping, pumps and mixers to facilitate the digestion of bone material. To aid in the digestion of the bone material, a water miature of hydrochloric acid is used in the process. Sulzer Medica purchases concentrated (37%) hydrochloric acid (HCl) in 55 gallon plastic reinforced drums. No more than three drums of concentrate HCl aze stored within the facility at any given time. Sulzer Medica has established with Denver, Colorado based Van Waters & Rogers, Inc. (VWR) an on-time-as-needed delivery of concentrated HCl to the facility. The concentrated HCl is stored in an UL approved closed acid storage cabinet. The acid storage cabinet is located approximately within 20 feet of travel from the process area by a single straight passage way located within the building dock area. SulzerMedica - Code Anatysis Page t March 2, 1998 %~Y\ The drum is manually moved to the process azea using a drum dolly suitable for the size and weight of the concentrated HCI drum. The nominal capacity of the 55-gallon drum is 47.5 gallons or apprmwnately 500 pounds per drum, or 1500 pounds in the aggregate. When the process ca11s for the use of HCI, the drum is positioned in the process area. An approved electric acid transfer pump is installed into the 2-inch bung opening of the drum. The acid pump is closed piped to one digestion process tank (approximately 250 gallons total capacity each) dedicated to be used only £or in-process dilution of the concentrated HCI to 7.4% HCI. Note: A concentration of HCI in water less than 10% is considered to be non fuming according to HCI technical information. Each process dilution tank is pre-filled with tap water to prescribed dilution tank levels prior to the transfer of concentrated HCL Each dilution tank is equipped with a muier to ensure complete mixing/dilution of the concentrated HCI during its transfer to the dilution tank prior to transfer of the resulting solution into the bone digestion process tank. Contents of the concentrate HCI drum are pumped into the dilution tank in such a manner that introduces the concentrated HCI below the dilution tank water level. The concentrate HCI operation is performed in the contained azea which is provided with fire water sprinkler systems. This process procedure insures that heat of reaction associated with acid dilution with water is buffered by the heat capacity of water and that any HCI acid off-gassing is controlled and dissolved within the dilution tank waier mass. As part of the overall process, lime is added to the post bone digestion solution for neutralization. The combined neutralized solution is fihered using a filter press and neutralized water solutions managed accordingly. Solid materials are recovered from the fiiter press and managed accordingly. Attached to this letter is a process inventory on-hand of hazardous materials stored at the facility. A review of this inventory will show that aggregate quantities are well below the exempted threshold quantities listed in the UBC, 1994, Chapter 3-"Use or Occupancy", Table 3-E. This same table is printed in the Uniform Fire Code, 1994, (LTFC) Article 80 - "Hazardous Materials", Table 8001.13B. The total on-site stored quantity of un-consumed concentrated HCI is 142.5 gallons or approximately 1,470 pounds, not including the weight of the drums. The exempted threshoid quantity for corrosives is 2,000 gallons for fire water sprinklered areas with approved storage cabinets (see foot notes to UBC Table 3-E). The total on-site use of dilute HCI (7.4%) is approximately 250 gallons (dilution process tank). The exempted threshold quantity for in-use corrosives is 1,000 gallons for fire water sprinklered areas. SulzerMedica - Code Malysis Page 2 March 2, 1998 _ L It is my professional opinion that the process azea used for bone material digestion and the associated acid drum storage area aze not defined as hazazd use occupancy H-7 as defined by the UBC, 1994, Chapter 3, Section 307.1, but is a B-2 Occupancy for laboratory and associated activities. In addition, the use, storage and dispensing of hazardous materials are in general conformance with the iJFC, 1994, Articles 8001, 8003 and 8004. Sincerely, Daniel S. Hinfd's, CE~GI, RHSP President ~ SulzerMedica - Code Analysis Page 3 Mazch 2, 1998 7500 WEST 29TH AVENUE WHEAT RIDGE CO 80215-6713 (303) 234 -5900 City Admin. Fax 4 234-5924 January 19, 1998 Mr. Greg Weiman Landscape by Design 20521 EasC 45'" Avenue Denver, Colorado 80249 Police Dept Pax # 235-2949 GWheat qRidge IO 1~ \ '4 Re: 3230 Oak Street - Completion of Site Grading Dear Mr. Weiman, This letter is to inform you that the final grading and sump structures placed to accommodate site drainage at the aUove referenced address were inspccted on January 14, 1998 and are acceptable to the Public Works Department. If yo a~ve any questions, please contact me at 235-2868. J i , Si ~ce,rely, ~ reg 1C4dson, M.P.A. Development Review Sngineer cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Meredith Reckeri, Sr. Planner .lohn Eckert, Cltief Building Inspector File The City of BUII.,DING CODE ADVISORY BOARD February 19, 1998 The meeting was called to order at 6:30 p.m. on Thursday, February 19, 1998. Boazd members present: Kenneth Adams, William T. Smith, Ralph Santangelo, Leo Anderson and David Whitehead. Absent were Paul Recen and Ross Westover. Staff members present were Chief Building Official John Eckert and Elevator Inspector Jack Bultman and his supervisor, Dick Younkin.. Due to the absence of a chairman, the first item of business was to elect a chairman. Leo Anderson nominated William T. Smith, the nomination was seconded by Ralph Santangelo and the vote was unanimous for William T. Smith to be acting chairman for this meeting. Also present during this meeting was Mr. Kevin Smith, architect for Mr. Smith, Acting City Attomey for City of Wheat Ridge, Paul Kennebeck. The subject of the meeting this evening is to heaz an appeal by Mr. Kevin Smith on an elevator/handicap lift installed at his residence located at 3230 Oak Street, Wheat Ridge, CO 80033, that was considered to be in violation of Uniform Building Code 1994. (Coniplete set of hearing minutes still remain on tape, however Ihe following rnformation/minutes are only a portion pertaining to final decisrons of the board) Call back to order by Chairman William T. Smith, the board spoke at length and the situation understood reference the handicap lift. One of the requirements of this elevator/lift would be that there would be an elevator inspection every six months, with proper notification to the resident/s. If elevator/lift does not pass inspection due to unsatisfactory safety or improper operation, the elevator/lift would be shut down and made inoperable until proper repairs have been made and the elevator/lift reinspected for approval. The second requirement is that, an extension of Temporary Certificate of Occupancy would be issued for 30 days following the date of this transcription (March 6,1998) contingent on the following conditions to be met. With the 30 days extension, provide a document and working drawings, with azchitect stamps on how Mr. Smith will proceed making the corrections in accordance with Uniform Building Code. Along with the submission of that documentation, it has been requuired that legal documentation for the "device removable bond" AND the "hold harmless" language be included for John Eckert's review and approval, and that must take place within that 30 days. The second part of this motion is that after the 30 day extension and all submissions required are found to be acceptable and approved through the City of Wheat Ridge, Mr. Smith will have an additional 45 days to complete the work as specified in the documentation required on the corrections. Motion was seconded and carried. Another motion requested was the Boazd direct the City Attomey to draft the findings that reflect the Boards decisions this evening. Motion seconded and carried. There was no other business to be discussed and there was a Motion for meeting adjoumment, Motion seconded and carried. Respectfully submitted : Kim Quayle, Secret DATE: ~ ~ U - ~7 T0: PUBLIC WORKS DEPARTMENT FROM: Building Department RE:~~ The property at ~ z~ ~ L/~ has been - - _ _ _ signed off by the Building Department and is ready for a CO inspection. Once the inspection has been completed, please inform the building department as to the status. Thank you. PUBI.IC WORKS APYROVAL ~~6 OVI~~-( Femarks: ~it~F~L ~i~i'1t?,o1L'I 'r'' uw~~+L~ES . ''~6 I~~~~~i^h~E% • C~ l ~ ~ _~.y ~SENDER: - I also wish to receive the Cpmpl¢tg items 1 antl/or 2 for atltlitprW KIvAi4 ~~lowirg services (fOr~anextra fee): . a~nc your neme and aearees tn~ w ram so mei we ~n rewm mis ~,d ❑ ' m ya. t. Addressee s Add2ss • Attach ihis brm ro ihe hom of ihe mailpiece, a on ihe beck if spece tloes rot permit 2. ❑ R@SSf16tBd DEIIVEfY . rne aewrn aeceiot wni snow io wrwm tne arrcie wes deinered ana ens eaee aeinrerea. Consult oostmaster for fee. ;;~viro Su:it;: 5. Received By: (Wint Name) 6. Signaturw ( ee Age X PS FORM`. $ . p ~ri; ~ 6 ' . . . . . . . . . . . .C' . . iii ...11 . va. Nrnce rvumoer P 963 361 114 46. Service Type ~ CERTIFIED 7. Date qf peli~acv _/f ~ ,L%~ `7 8. Addressee's Address (ONLV il requested and tee paidJ The City of 7500 WEST29THAVENUE ~Wheat WHEAT RIDGE CO 80215-6713 (303) 2345900 City Admin. Fax a 2345924 Police DepL Fax # 235-2949 GRidge January 19, 1998 Mr. Greg Weiman Landscape by Design 20521 East 45"' Avenue Denver, Colorado 80249 Re: 3230 Oak Street - Completion of Site Grading Dear Mr. Weiman, This letter is to inform you that the final grading and sump stE-uctures placed to accommodate site drainage at the above referenced address were inspected on January 14, 1998 and are acceptable to the Public Works Departmenl. If you-haye aiiy questions, please contact me at 235-2868 ~ Si cly, 7reg K51udson, M.P.A. Development Review Engineer cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engineer Meredith Reckert, Sr. Planner John Eckerl, Chief Building Inspector File CITY OF WHEAT RIDCE 7300 W[sT 29TM AVENUE WNFAr RiooE GoWnnoo 8021 5 (303) 235-2B53 Fix: (303) 235-2857 November 10, 1997 Keviu Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Deaz Kevin Smith: On October 7, 1997, the property at 3230 Oak Street was granted a temporary Certificate of Occupancy. The outstanding items on this document that were found to not be in compliance were gading, landscaping and khe elevator. These items must be brought into compliance before the temporary Certificate of Occupancy expires on Februa[y 7, 1998, so that a permanent Certificate of Occupancy may be issued. If these items aze not brought into compliance the city will pursue corrective actions, up to and including condemnarion and eviction procedures. Listed below aze the specific items that aze found not to be in compliance; 1. The reaz yard grading poses a hazazd to the structural stability of this house since the final grading allows the soil to be above the sill plates and in con[act with non treated lumber. 2. The landscaping was not in at time of final inspection. This item was resolved with an escrow agreement. ( See escrow agreement ) 3. The elevator does not comply with minimum safety requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted slandazds. B. The elevaror must be replaced with one tha[ complies with adopted standazds. C. The e►evafor must be removed and the floor replaced where the elevator was. Items one and three remain uncorrected and aze considered code violations under the Uniform Bwlding Code. My person having any record title or legal interest in this building may appeal from the notice and order or any action of the Building Official to the housing advisory and appeals board, provided the appeal is made in writing as provided by the code, and filed with the Building Official prior to January 8, 1998. Failure to appeal will constitute a waiver of ali nghts to an abatement hearing and determination of the matter. If any questions arise regazding this matter, feel free to call me at 235-2853 Sin rely, John Eckert Chief Building Official ( ~i~ C~cr c~~~<<< _ i. ~7 ~ l G c 3~,Z3c~ OG.~ .S~~rr'r' / , ~ - Y' ~ ~2/~~tto 7`~"~ c, - ~ - ~ rv~ ~ 4 ~ u ~ s~.. /e .~1,-~~ 1 ~ i : / Q'.~, ~.k _.._-----u__~__._.._._.___..___. , ~ 1 ~ ~ r• ~lJ'/' 'f?i "~"Y E t ~R~ ~ ~ 1 P ~1 Y. !"rOxvHw~ , r~ ~.~~~~.y, ~ 2~ ~j~ ~~N. r "G' /l~0> C. S ~t'~!. ' ~ - ~ ~t 3 ~~rf+; ~ ~~Puc .,l.+u r r0✓' ~ f~ w~~~ ~ ~ ~iuE+" /•:R+r.~ l~ ~N /,~~un~c9rr a ~ t a~~q t.'. J G~G S~o~G I„~Cr' I' C~sY f"~a l°X~ccsaf y3"" ~rs~xyrf~~/ t+,~7 ~ a►,:w/.. ~w~:~»/~~Sp~ ` / " VYN ~t. ~~16 ~ 5 ~ ..7 ~/O1~/ i/ r 1 41L P°+~''tc~~" / / 1~ Ourr ~ri.r~~,tr C~'f r~v+ ~f,,.r~ £a pQ ~OH/ cdrt•fi~ / 7 1~ ~1CNR'✓R~f ~l:7vir+/;;j 4°7~,~'7~'S7 , f 1! n / 1✓ ~"w ~ ~ 3' ~ r r' {e r.~• ^t .e es~ /~U c , J..?~w.~ ~ :1 ~r~M ~ ~~c~~ ,~j V l.r~ Q~~~s+ari"/`GY` ~ v~. la l,~ r~i'wr- ro~..,~c ~e /o~? /`l e dn., w A. J .5 t.-0 rAI c .__.._.~.._._._....~,.e...... ~ e9ri e. rA6~~ ~ !f ex~ f .,5 4d4 /@. 110 6G;r4k.% e-7y, ~•~e?,rr` F~.+&~"1'lwo^+C G?tIM/ e/DN'/'li14t►- ►"Avi/hi,y/ *po`:,r/4 L7e12I4,f° e AM Fld4'.e~r ~rntiY 4+0 / / ~ J111 y~ I W+ ✓ W1 / e~' ~ rMN d' '7'IS~ Ib/ll~l e/ R Yd11fy MLW ~erv~ L.✓e+•>G' Y" ?'e°'.s.'Yv/'t- ~ C~'1~ t,9Y` ,.'~J<.~nA~t . ~O^f'Yts~ty ;<w+wsIe lnee+l/ Wo'►"//~ YU'C&O/ el 47 a u l`ird e, #1 3 6ir I L~ j,. /-Pt IV CTn'v eVl ~ /-~s y a'7"3 ~ S S m A .D m m .,o cr a Pos,I<;E ' POSTMAAK OA 0lITE RETURN sllow To wHon+ onrt nNO/ atsraicreo ~ RWEIPT A ooaessoFOEUVenv oeuveav cEanFiEO.EE. utruRrv nFr.Lwr SEHVICF rOTAL POSTAGE AN. F6ES SENT T~. O NOTFOF NTE NPTIONALMB ED - Kevin Smith 3230 oak street idheat Rid9e, CO oUO33 PS FORM 3800 US Postal Service Keceipt ror Certified Mail ~ u J J . LN >N ZW yl 5 LL oc a aZ o~ a~ w W LL U~ F~ N 2 ~ W ~ Q W J 2 ar F a RZ a f L 7 l() I< J l!"" r C 4••_ . _ . . . _ . . . ~ ty ;jz ~..le ` ~ ~ ~ofi 7b "~Yet~~ P ~ ~i'~"" Preryw•~.~ ,~j y . Tg wa /ver~~ 3'w~ tk i K,,/eryrPi~owk. al► t Y+ 61 ~an,rrl~er / r Iraermrf ~~ur,r~j t'~!✓1'J~ I✓ r~ ~ e r~r. r+w •t m,,,~ ~C7v G 3~ ~Gl'ev~~~a ~,e 10~3 ~ /ir e a. 11 .7, 5wet I e - . ~ Orl k° rOi4~ ~ `ir'~ Y ~erY! J 7`'~t ~7 c . ~ v~ ~ L~a > ~ r^ ! ~a~ •f' ~r.rr~ a eJitM Cor~ f►'~H vA~/ r~~d wM p7 ~u'►~rY'/1 ,f i, c~f/ E7u, 1es1,vtq J GJNd ~'r~~ S'1~!'r~r ~rE~fY +~r~F(C' 04 rh ~ ki I a+e v vvi /for" 1141~4e?G Y' ~f/M~ ~If.•Ne ,f.~e/r rtr~sl~rR~fwanrk.q~ ¢,v"i 5wie+/~,+' lorited LN,,#' N/+RMSo/ 9'"w ~.t~w ~/al ~v► ~tr~ s.. G'Q~ I.+cr r e' ~ w 1 ~clrr a' a7" oN CJ~~jO!'u11iC . J.~l r Q~iux / I ~R C~) y~r'~C ~t*N~YF.. p~ /a /4,* ,~e ~ F . /1 rrc. 4 3 ~ Unf1L!' 3.~ ~at ~ cx~ ~ S1.zw- / ~xr / I /lie 3 a-13 DATE: jQ -J- cl I A rCERATE OF OCCUPANCY HAS BEEN REQUESTED FOR: PURPOSE OF STRUCTURE: ,V ~ Building Dept. Approval: Remarks: ~ Zoning Approval: Remarks: T'c O S &,i p,,Wj j ~ s 5-2-~X--, 61'r1ceS r--vcQ C~a( S't?z¢l~ ~ 1 I r"a c-m d,V-)cLr*. a3Hlt/3M 3H1 WOa-A aadoSIH113310ad a3nssi si A3Nndn330 :10 31dOLllb33 lIlNfl a3111Wa3d lON Jl3Nddf1330 i 6wdeospue-1 19 BwNied luetuueded em.1 a6euisaa g 'M'O'd awej=l , uoileIpuaA V upeeH uiqwnld IeouP813 PUI j ' puna6iepun leoIJPe13 uoilmeBuley 6uijooy 7-2 UIpBU IIE 4 ~~7 uopeInsul ,~~i Lh 4 / 1 >JO BwweJ=l (uop,edsui 6uiwrr) oi ioud peu6is aq isnw anoqe) - ✓ uopelilueq g 6upe8H y6noy ff' a6p(yrJS*'2 J 5;? 4 llz7 6uidid seE) iseljiy 6uiqwnld 46noy L rj IeouPe13 46noy 43N~'JI$ N338 StlH 3AO6t/ IIlNn klOOlj tlflOd lON OQ (4io/N punao) 6ui3esH ~ ~ (+7 (5poM punaE)) 6uiqwnld (mioM punoaE)) leoulDa13 :1001:1 qel$ aiaioiloo 03NDig rv338 svH anoay 11lrvn3.L3a0NOo oN anod (J,7 . 6uiioadiey4eeM oiylijouow io Buiaoluiey SUOSSIE'J sBwiao=l suogepunoj ki0103dSNI 31`dd N01103dSNI 80f SIHl Ol JNINIVlkl3d S30VdS llV N0IS 1Sf1W Fi0103dSNj 1S3M 1Stl3 H1f10S HLHON :S3NIl Alkl3dOHd WOHJS)l3tl813S suos anPeN HO1ovH1NOD 44~wS uLna)( d3NM0 I AONdd(1000 I 3d.ll I L6 6Z i a3nSS131tl0 gTgti-L6 'oranwdadDNimine ;aa.a;S 4pO OEZ£ S3HOOV601' allO33bi N01133dSNI EE69-tiEZ (EOE) 3f1N3Ad 416Z 1S3M 0091 OadU0103`300H 1d3HM cNni i naacNi Wna naM':+ ►oii i nN cmnnu 46my The Ciry of 7500 WEST 29TH AVIUE (3031 234-5900 ~h e at WHEAT RIDGE. CO 80215-6713 City Admin. Fax +t 234-5924 Police Dept. Fax : 235-2949 GRidge 3Z3o OAV~ <_f mEC-r - Lcrt !o LETTER OF NOTIFICATION FOR PUBLIC IMPROVEMENTS RESTORATION Dear Contractor: In conjunction with the approval for a building permit at the specified address, this letter is to inform you that all public improvements located within the lot frontage of this address shall be restored to acceptable condition, as determined by the City of Wheat Ridge Public Works Department, prior to the issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy. Please note that prior to any construction on the lot an inspection with the appropriate City representative will need to be scheduled in order to identify and note any existing damage to the public improvements. Please contact the Engineering Department (235-2861) at least 48 hours in advance in order to schedule this inspection. If you have any questions, please contact Mr. Greg Knudson at 235=2-868- ~ Greg Knuaso Development / Review Engineer cc: Bob Goebel, Public works Director Glen Gidley, Planning & Development Meredith Reckert, Senior Planner File Director Ci ~,,_..,~f t,::.:~;:. z ~ ~ a ~ Z a W W a Na M = N ~ oLL ~ Q V ~ c o o 0 OI ~ FA fA A o > _ . Y A, W d rL C O ' y ~ V ■ ~ ayi o ~ ~ « • O C cc l d Y w Z j\ ~ ~ ~ V v{0 ~ 0 y cc r £ ~ V d d I T/~ M ~ Q ~ ~ pl (1 V C L ~ ~ y C~ L t a o i.. c o d o ~ ~ ' ` V ~ 9 Y d y ~ V N 9 E co p J > ~ tn ~ N ~ 3 0 L 41 eL 0 c 's ~ m ~ a ~ N r ~ Y ~ ~ Q Z G p ¢ 3 Q LL ,A TM'LNT pF pLANNING AND DEVELOPMENT Buil ding Permit Number : 4518 1111,piFG:tNSPEGTION DIVISION - 235-2855 1/29/97 CtTY OF WHEAT RIDGE VI Date : " ' 7500 YIEST29THAVENUE WWFJtT RIDGE, CO 80215 Pmperty Owner : Property Address : 3230 OAK ST Phone : 237-3419 y."pMractw License No. : 18961 CompBny : Native Sons Country Homes, ina 'Phone : 237 6406 ~ ,~1'I4~IpIYt'RP,CTOR SICrNATURE OF UNDERSTANDING AND AGREEMENT ConstruCtion Yalue $240,000.00 Matqiaxfbadcdtstaltceaproposed.bythispermitePPlicetionere aaurate, Ip oryfinan(~, ruiea w regutallons of the City of Wheat Ridge or end ene9aeons n measurements anown c d m ' PetmltFeB:$1,695.00 Plan Review Fee : $1,036.75 , a e ; ~s or resti,ctbns cr recor nn i, Isite; Nfnt t Itavs tpad and agree to abWe by aU condRiorre priMed on this iWin B Rid $2,880.00 US@ Tax g ge u q~at9 8ccpme fWl ~➢onslbility for complfance with the Wheat .....,'y and 5,1i aNner appliCebk; Rag . s, ilc under this perma. - . . $5 571 75 M`fR&CtOR)SIGNEDL I DATE ~.1 2q-47 . TOt91. • in: SIMGLE FAMILY RESIDENCE BUiLDIMG DEPARTMENT USE ONLY SIC : Sq. Ft. : 3434 Approval: 1N0197 SFR COVERS 26.9% OF THE SITE (ADMIN VARIANCE FOR LOT Yoning : R-1 AREA APPROVED PER CASE NO 1iVA-86r43) ~ APPROVAL PER ATTACHED P.W. REVIEW SHEET >prouaf ; 6K 1/37197 ;y : SFR Walls : Roof : Stories : Residential Units : 1 4leengg NO : 1$13-q Plumbing License No ~ ~jPINO1,~ ~ Me~dT Company: Ctyde's Plu.mb`ncb Fcecre~uL 4o,JM,4C_m0_5 CL- H~kr\~) Date : Explration Date : Approval : !IM~~~enew ..nys Ied6.6M (1)y~r~ NN feas 8{NI be P81' ~qk W!Mr t~atu~et ONdN be dOne That U*Cbt =ryCe~ a P~bor~g~ethe ~p.yplldp~g, . or oUw ordlnanc ief Bui ~ng tnspeckor I'Ii18 PE12RiRT YALlD ONL ^AI MechaniCal license No : Company : Expiration Date : Approval : a - 3 ptoVielons eet fGrTh In YqPw BPPlicatlon aritl Ia eUbj9d tP Me lewa of llle Stdte d Colorad0 end to tlie Zaun9 caoreao or am ~~~w. orainencea a ttre clel. ze, ed la not Comttroncetl wllh n ehdY ~ (80) tlaYs from Wue dete ar (6) the EWIdMO aWhorlied le suepantlatl or quired tor a fee of onshatt the amounl nortnelb rwMmd,4!°~~~ no danpes Mve been or wlll be meds in the bnsbn or aba~ManmaM has notaxeeetleU one (1) Y~.R ~erigea ere.matle w tt euePeralaia abendonrnent uanewpe~Mt I cryy~pe the ~atuiel 11ow of watar cwdnp a dreMukea problem. lwenty-Iour (44) houra In atlvanca 1ar eN InspeGiona end ehall recelve w'itlan eVDroval on insPec6°n cartl befom rb. awinps aM aPedRcatlons sheN not be cone4u to bs a pemitt kr nor an aPPm`iel M~ enY vlolatlon M the Pmvislan lew, ntle or re8ulatlon. !~'i !j' For ayor WHEN SIGNED BY THE CHIEF BUILDING INSPECTOR AND MAYOR ; 234-5833 24 HOURS PRIOR TO INSPECTION DEPARTrviEn ( OF PLANNING AND DEVELOPMENT Building Permit Number : BUILDING INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE Date : 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Property Owner : /6 ~37 ~'7^ 1 ~ Property Address : 3~~ Phone : Contractor License No. : A(a) Company : QK1 '%VE Phone : `'~---37 6,44Et)6~ OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT Construction Value : I hereby certify that the setback distances proposed by this permit application are accurate, PerRlit Fe@ : and do not violate applicable ordinances, rules or regulations of the City of VJheat Ridge or covenants, easements or restrictians of recortl; that all measurements shown, and altegations Plan Review Fee : made are accurate; that I have read and agree to abide by all wnditions printed on this application, and that I assume full responsibility for compliance wth the Wheat Ridge Building Use Tax : Code (U.B.C.) and all other applicable Wh at Rid B ordi an es r ork u der this permit. ATE } Total: (OWNER)(CONTRACTOR) SI6NED I ~ Description: ~-Ak Approval : /',a'Y~^- Zoning : G- -i Building4C"oF"nme`nts:~ Approval: BUII.DING DEPARTMENT USE ONLY SIC : Sq. Ft. : SF"v- CvJr7ty "Z!s c1 ~/c a=TNf hjTE (D.DMrci' VoYUAN[.'?5"' ~ofv WT Oa'Lc'A' P+PPtp~v~ 0a2 VE C0-~ Y-Lo. WA c1L 43,. P~61ic',~Wb~ C3f . fits AP(s~o.ae.~ Approval: l. Occupancy : Walis : Yc".t, o.}1a.c`+cd Roof : Stories : Residential Units : Electrical License No : Plumbing License No : Mechanical License No : Company : Company : Company : Expiration Date : Expiration Date : Expiration Date : Approval : Approval : Approval : ~ EPla"Yis'~t~ql7ii~tl (i) This permit was issueC in accordance with the provisions set forth in yopur appliwtion and is subject to the laws of Ue Slate of ColoaCo anO lo the Zoning Regulallons antl BuilCiny Code of Wheat Ridge, Coloratlo or any olher applicaDle ortlinances of the Ciry. (2) This permit shall expire d(A) lne work authonzed is not commenced wiUin si:ty (80) Cays from issue date or (B) the Ouilding auttionzed is suspended or abantlonetl for a penotl of 720 days. (3) It this permit expires, a new permR may 6e acquired for a fee o( one-half the amounl normally required, providetl no changes have been or will be made m t e on9inal plans and spenfcations and any suspension or aEantlonment Oas not exceetled one (1) yeac If changes are matle or if suspension or abanCOnment exceetls one (1) year, tull fees shall be paiC br a new permit. (4) No work of any manner shall he done lhal will change the naWrel flow of water wusing a drainage pro0lem. (5) Contractor shall notiy the BuilEing Inspeclor hvenry-four (24) hours in advance br all inspections and shall receive wntten appmval on ins0ection carC before proceediingIwiN successive pha5e5 of lhe ob. (6) The issuaplce of a permit or the approva ~tl2win9s and speclficatlons shall not be cons ed to be a pert~it r, or approval of, any violation of the p(ovisions of lhe GU)ltling es or an oth oftli ce, law, rule or regulatlon. 1~;. - ` f / C ef Building Inspector For Mayor THIS PERMIT VALID ~ ALL W 345933 24 HOURS PRIOR TO I~NSP'ECTION ECTOR AND MAYOR PUBLIC WORKS REVIEW FEE STRUCTURE FOR BUILDING PERMIT APPLICATIONS PLEASE PRINT CLEARLY AND FILL OUT FORM COMPLETELY Date Building Permit Number Applicant *J 4'v `4 L` 5 O1`' S Address . Z~p Phone Z-~~ - (e4o~ ci~, State - Location of Construction (address) 7Z-3o 0014 S-r - Le'T C. Purpose of Construction Building Permit Value $7AO pp° Commercial _ Residential ) DEVELOPMENT REVIEW FEES (this section to be completed by City) ee s So• ~ Base Development Review Processing Fee: $50.00 minimum eo Single Family Residential: .003 x(value of improvement) $25 minimum fee $ ZS [includes review of construction drawings for improvements in public right-of-way] Mutti-Family/Commercial: .0050 z(value of improvement) $50 minimum fee [includes review of construction drawings for improvements in public right-of-way, review of preliminarylfinal drainage study and erosion control plan(s) if required] Site Plan: $50.00 (Not applicable for single family residentiaq Right-of -Way/Easement: $40.00 + $5.001page recording fee pevelopment Agreement Residential =$50.OQ Commercial = 5100.00 SWte Highway Access Permit: $75.00 application fee Traffic Impact Review 8 Report: $100.00 processing fee Flood Plain Variance: Class I=$75.00 Class II =$150.00 TOTAL REVIEW FEES: (due at time of building permit issuance) $ $ $ ^ O $ $ ...o - $ ~o - $ ~o - S 75. "0_. The above fees include one follow up review to verify that initial deficiencies noted are corrected. Additional review and/or processing past the follow up review and/or processin9 wip be charged against the building pemul aPPlicant at the above fee schedule. Please note that additional fees will be assessed for those permits related to construction of public improvements. If you have any questions, please feel free to contact the Development Review affice at 235-2868. Date Signature of Applicant 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80215 The City o/ 4*HEA)~ ~Wheat GRidge SINGLE FAMILY MINOR EXCAVATION AND FILL PERMIT NAME OF APPLICANT: IJ p.r jvrz 5•.45 ADDRESS OF EXCAVATION/FILL: IM 3230 nAIc. SS• APPLICANT ADDRESS: DATE OF APPLICATION: I 1 'L'; 1 q? All permits shall be applied for through the Public Works Department. An approved permit is effective for a period of one (1) yeaz from the date of issuance, and may be renewed. All fees shall be in accordance with those fees established by the Uniform Building Code (UBC), or by other applicable City adopted Resolution or Ordinances. Grading Plan Review Fees*: 0 to 100 cubic yacds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.0 ] O1 to 1,00 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $22.50 1,001 to 10,000 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 10,001 to 20,000 cubic yazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $45.00 Grading Permit Fees*: SUB-TOTAL: Oto 50 cubic yards to 5 1 to ] 00 cubic yazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 101 to ] 000 cubic yazds $22.50 for the first 100 cubic yards, plus $10.50 for each additional 100 cubic yazds or fraction thereof: C. Y. Amount Due: $ 1,001 to 10,000 cubic yards $117.00 for the first 1,000 cubic yards, plus $9.00 for each additional 1,000 cubic yards or fraction thereo£ C. Y. Amount Due: $ ] 0,001 to 20,000 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $238.50 vo TOTAL FEES DUE: $ ~ • - (303) 234-5900 • ADMINISTRATION FAX: 234-5924 • POLICE DEPARTMENT FAX: 235-2949 Building sites w6ose total excavation and fill exceeds 20,000 cubic yards must be processed under the provisions of Section 26-33 of the Wheat Ridge City Code. Upon conformance with Section 26-33 of the City Code, grading plan review fees and grading permit fees shall be established in conformance with Secfion 3310, Table A-33-A, and Table A-33-B respectively of the Uniform Building Code. * Uniform Building Code, Section 3310 I HEREBY ACKNOWLEDGE THAT THIS APPLICATION IS CORRECT, AND UNDERSTAND THAT THE REQUESTED WORK CAN NOT BEGIN UNTIL THIS APPLICATION 1S APPROVED BY THE CITY OF WHEAT RIDGE. I AGREE TO COMPLY WITH THE LAWS OF THE STATE OF COLORADO, WITH ZONING REGULATIONS AND WITH THE BUILDING CODE OF THE CITY OF WHEAT RIDGE. ANY VIOLATION WILL BE CAUSE FOR IMMEDIATE REVOCATION OF THIS PERMIT, AND COMMENCEMENT OF ENFORCEMENT PROCEEDINGS BY THE CITY OF WHEAT RIDGE. THIS APPROVED PERMIT WILL BE KEPT IN MY POSSESSION, OR PERMANENTLY ON THE JOB SITE. APPLICANT: CITY OF WHEAT RIDGE: ApplicanYs Signature City Engineer Owner's Signature (if different than above) Approval Date mexfillp.frm 7500 WEST 29TH AVENUE WHEAT RIDGE. CO 802 7 5-67 7 3 The City of (303) 234-5900 GWheat GRidge City Admin. Fax q 234-5924 Police Depi. Fax e 235-2949 32 30 0AaC Si-zeer - Lat (o LETTER OF NOTIFICATION FOR PUBLIC IMPROVEMENTS RESTORATION Dear Contractor: In conjunction with the approval for a building permit at the specified address, this letter is to inform you that all public improvements located within the lot frontage of this address shall be restored to acceptable condition, as determined by the City of Wheat Ridge Public Works Department, prior to the issuance of a Temporary Certificate of Occupancy or a Certificate of Occupancy. Please note that prior to any construction on the lot an inspection with the appropriate City representative will need to be scheduled in order to identify and note any existing damage to the public improvements. Please contact the Engineering Department (235-2861) at least 48 hours in advance in order to schedule this inspection. If you have any questions, please contact Mr. Greg Knudson at 2 3 5 -2&frS: ~ ere , Kfiudso Development Review Engineer cc: Bob Goebel, Public Works Director Glen Gidley, Planning & Development Director Meredith Reckert, Senior Planner File V oF'_rqIEDrF:FR DEPARTMENT OF PLANNING & DEVELObME::.:REQUEST FOR BQBLIC WORKB REVIEW . 'D$te`;' 4 Z? lq~ Case/Building Permit No . Loaa"t1on 'S Z~i 0 C)A%c 5c • ~.~r ` aleh~~View the attaChed materials submitted in application for approval o: , and indicate your decision on those items checi: below, and please add..ahy other comments which you r.;ay .^.ave under number 18. 1. ✓ Bouridary'.Closure:.X OK _ Not OK; refer co SLipulations `i' Az!sa: Acres ~ Square Fe~c 4. 5. 6. 7. ~ praihage d;;.. a. Dralnage plan (and report) needed b. 'Drainage plan not needed ^ P. Drainage pTOVisions have been reviewed and are found to be: Y- OK _ Not OK; refer to stipulations NPDES Pertait Required Y (2) Leqal Deacription: X ox Not oK; refer co stipulations If not okay, please explain: Public Improvements: a. Stx's6t paving rieeded Y b. Curb & Gutter needed YQ) C. Sid6W81k needed Y d. Street Lights needed Y ~ e. Storm Sewer needed Y f. Escroa required Y It Escrow required, for what improvements? In what amount? - Development Agreement required Y /N 1 IY Yea, for 8. ~ All necessary documents have been initiated ~y Public works and are attached hereto: t'-~o NE 9.IB a trafPie impact analysip and report reqc::ed? Y N6 30. f, I6 a State Highway Acceas Permit needed? Y ~ 11. ~ New roadway or alley R.O.W. dedication is :ecom.mended:tl3e If yes, what is recommended: 12. ~ - All exi Whiich ng City: If no, dedicated roadwaya and alleys do not and what is requested: meet the standards of the 13. All existing and proposed dedications have becn :eviewed and found tc be: K O ot OK; refer to nuinbers 11 & ;2 14. Appr al: T Publ'c Works Department has reviewed this requaet and ' hsr y gi s it approval, subject to t l:e above and/or attached st1 ul ona . / L ;r Signatu Date 15. The Public Works Department has reviewed this request and does not approve for the reasons scated: 16. ~ 17. / 18. Summary A:\PLAN&DEV.BRM (80R1iS) S lqnatLU'e G a t e Stipulationa attached: Yes NCo DEADLINE DATE FOR PUBLZC WORKS DEPARTMENT kEPLY: KEVIN C. SMITH ATTORNEY AT LA W 650 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80246 (303) 379-6633 FAX (303) 377-6003 1-800-923-2529 Date March 3, 1998 Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 RE: Smith Residence of 3230 Oak Street. Dear Mr. Eckert: ~/~o Enclosed please find two copies of the first floor design and Basement plans tbr your approval. for the purpose(s) indicated below: Your signature and retum in the self addressed stamped envelope. xx For your information and records. Filing and return of the endorsed / conformed copies to this office in the self-addressed stamped envelope. Recording and return to the undersigned in the self-addressed stamped envelope. Also enclosed is our check in the amount of $ to cover the fee, together with a self-addressed stamped envelope for return of the receipt. _cc Other: Sandy Thompson E.OF KEVIN C,, $MITH sy: F--cr~-~w~..u~ 7ac1 'e D. Robinson, Pazalegal to Kevin Smith, Esq. (3~~15~~sP Floa~ p~s5h - -P L C'.,V" V-z~ r 1 Ow~ c~~f0 ii ii r LINE oF WALLS BELOW ' - ~ EXITING GLOTHING RODS 1 /l)e~.J 'TZ,( Wa.,ll SV.CC6wh-~-~°~ BEDROOM n.` ~ IJo ~~~'x,c u_b~,xi2,_e„ i PoenFs ~rca4--ct' {-1-.aK 3lgr~ ~ HYDROC ~i ~ III IFT i ~ GIRQIIT GONTROLS TO EXISTING DOOR MASTER 14'_4" x 14'_7° - CI6'-4" x 16'-7" W/ BAYSI _ 757NEW WALL AND DOOR TO i i ELEVATOR ROOM 4068 51F GLOSET ~ i NEW GLOTHE6 ROD/BHELF . . _ ~ X 141_01, i i ~ CARPE i T ~ 5068-PKT 71 ________________________________/I ~ ~ND WOOD ~ i ___._________________________________*J ~m~ PI~R T ~LOOR PL~4N _ 323m 04K STREET UJI~8,4T P. I DCs6, GOLORADO F 1-14L VJ ~ I 0 Ell J 3068 ~ F8 0 UTILITY i._2„ X 9,_4., 9 ~.~lD V~IFY NEW R1LL NEIG"t WO1.L6 /Jo Qtnc~ eoiv~~ c.boVC'18 AT PERII'fETEROF 1-IFT CARRIAGE I I ~ ALA!!'/-TIE To ExIBtI1.iG j - - - 3EGUR1T7 6YSTEPt ~ i HYDRpLI i LIFT ~ 'j<-vJ i i i - i G(IQCtlfT CONTROLB t0 : POOR i i L ~ NEW 9AFET' GAiE NEW CIFdGUiTED DOOR i I ; 3Nba a BASEMENT FLOOR PLAN ~~--1, 3Z3m OAfC STREET ~ ~ WI-tSAT RiDG~, coLOQaao ~ ~ The City of 7500 WEST 29TH AVENUE ~Wheat WHEAT RIDGE, CO 80215-6713 (303) 234-5900 Glty Admin. Fax a 234-5924 Police Dept Fax a 235-2949 `;Ridge January 19, 1998 Mr. Greg Weiman Landscape by Design 20521 East 45`" Avenue Denver. Colorado 80249 Re: 3230 Oak Street - Completion of Site Grading Dear Mr. Weiman, This letter is to inform you that the final grading and sump structures placed to accommodate site drainage at the above referenced address were inspected on January 14, 1998 and are acceptable to the Public Works Department. If yo ve any questions, please contact me at 235-2868. ~ Si ice,rely, ~ reg IC4iud on, M.P.A. Development Review Engineer cc: Alan White, Planning & Development Director Dave Kotecki, Sr. Project Engincer Meredith Reckert, Sr. Planner John Eckert, Cliief Building Inspector File ~J r~¢cvcLeo aare~~ Apr-03-98 04:16P Kevin C. Smith (303) 377-6003 P.Ol KEVIN C. SMITH Attorney at Law 6 i0 S. Cherry Sueet, Suite 820 Denver, Colorado 80246 (303) 377-6133 FAX (303) 377-6003 1-800'923-2529 The informadon contained in t his facsimile message is legatly privileged and confidential information intenled on1Y for th: usc of the individual or entity named below. If the reader of this message is not the intende d recipient, you are herebY notified thac any dissemination, distribution, or copying of this ti lecopy is stricdy prohibited. If you have received this u 1 a~°~e in error, please u nmediatelY no1 ify us by telephone and retutn ttte original messa8 o address above vi:i rhe United St stes Postal Service. Thank you. Date: Fc bruazy 9, 1991 Time: To : Mr. Jack EckeR C vef Building (rfficial City of Wheatri,,ge Fax No: :535-2857 gE: 3230 Oak Stree \Jheatridge, CC' 80033 Message: From: Kevin C. Smith 130. OF PAG 35 BEING SE: dT (including this cover sheet): 4 yES NO HARD COPY TO FOLLOM: IF YOU HAVE ANY PROBLEMS OR QUESTIONS RECEIVING THIS FACSIMILE, PLEASE CA1,L: Altisoi Apr-03-98 04:16PKevin C. Smith (303) 377-6003 P.02 pEVU:E REMOVAI: SURETY-INDEMNIFICATION AGREEMENT A. Introductiott . Smiih, hereafter "homeowners", installed a Florlift, Kevin C . Smith and Cla udia A residence hereafter "Device" into their nel +lY co~~cted at 3Wi0 ~ ~ apStreet, pl cable hbu ld ng and 80033, hereafter "residence". I'he Device did not comply as it did not contain an emergency brake feature and , h<:reafter "Eleva~or Codes", elevator codes other features thtt are required )y the Elevator Codes. Although the Device 'vas designed and m~a~rls ~r afterh°Cityte a a noc approveit jurisdictions, the CrtY of Whea ridge Building Inspec for installation ii do the resideixe. Homeowners requ~tedf~ia H~ chSubsequenp~coo~e Febroary 12, 11198 Building Ilepartment Hearin8, Hearing the hon Leowners and tte City attempted a resolution of the matter. The Ciry Branted a conc itional variance to the homeowners and the homeowners entered into an agleenie it concerning t ie device which would allow the homeowners to keep the device in theu home sc lopg ys they a;reed to remove it when Kevin C. Smith, who uses a wheelchair, no, ]onger residc s at the re th homeow er 1 performa c~~icaaon and sutety agreement to protect the C ity a~ guaran ee B. Covenant To Remove Devic Homeoivners a$ree to remove the Device that is located in their residence when Kevin C. Smith no lo iger resides at he residence or no longer requires the need to utilize che Device. and shall This covenant sha11 ran Hon eowners hall be 1 able fo any nd allatt mey,g f s that may be enforceable by the City. incurred by d►c City if for an} such mason homeowners refuse, despite reasonable efforts by e City to enforci: the Agreemcl Lt. C. &retv ment Homeownrers eSree 'o Place on deposit the sum of $3,000.00 with First Bank of Colorado, N.A., in an intere st bearing acc°unt fot the benefit of the Chief Btkding Oft"icial of the City, sucli that said suni plus accrued interest cannot be withdrawn in whole or in part with without the e) .press written ~onsent tl the h1lobligat ons of the holmeownerun case ~e be used by th, . CitY in order :o carry ou PrecedinB homeownec n:fuses, default or has inability to perform the above stated agreement concernin8 removal of tte lift. D. IndemnifiM fio~-re~ent Homeowners heceby indemnify the Ciry, it's Building Inspectors, any and all Elevator Inspectors enployed by the Denver Regional Council of Governments, Mike Roberts. Native Sons Coostniction, Inc., 'andy Thompson, architect, Dick Surratt, Vertical Transportadon Maintenance, as well as th:ir staff, supervisors, agents and assi8ns, hereafter "Indemnitees", Apr-03-98 04:17P Kevin C. Smith (303) 377-6003 P.03 t►e following: Dick Youngkin, Chief of Elevator Inspectors for including but noc limited t° t 855 Aenver Regional Council of G~ vernments, 987-7500, pager -8201, cell 908-2202; lack Eckert, Chief Buil3ing Official, ( ity of Wheauidge, 235-2853; Jack Bateman, elevator inspector, 235-2855, and all other persons ncluding material men who aze in any way associated w~th lhe granting of a coniitional varianc e and installation of the lift. "Che condrtion and basis for this agreement is as f )llows: WHEgEE.S Indemnitees have agreed to waive certa~d s~ wa ve shall not co ~tute allow homeowne -s to obtain the ir certificate of occuPancy any representation that the Devi ce is safe. WHEgE,~S Indemnitee: would prefer that the homeowner used a device that complied with the Elevatoi' Codes as it w~ ~uld then have an emerge~y brake and ot6er safety features that do not exist in tl K installed uni ~tygFRF qg indemnitee make no representations concerning the safery of the lift installed by the homeowner and have allowed the homeowner to keep the lift installed because of hardsluP • WHERE AS che Indem dtees wish to guard a8ainst any and all claims by any Claimants including but nc t limited to the homeowners, their children and family members, the'r s s'ble tenants, guests. agents, heirs assigns, invitees, licensees, hereafter referred to as po ims for Claimants" for any and al] c1 iims of °"~a~ag~ana W~~eviegother cla'im 'mayteverabe filed wrongful death, personal injui y> p opert3' that in any way involve operat ton or damages caused by the device, hereafter "possible clauns" • WHER.AS homeowr.:rs acknowledge that the Indemnitees make no representations, warranties or a ssurances regai ding ihe safery of the device and that homeowners assume al{ risk for the use, op=ration and ins' allation of the device. Homeowners agree to allow for the device to be inspecced every six moc ais upon reasonable notice of the City or it's designated mspector. Homeowners t urther agree [h it ►f the inspector reasonably requires maintenance of the device or replacement o' a part of the levice, that homeowners shall refrain from using the device until such maintenance or part ha: been Perf°rmed and or installed. WHEFEAS homeow ters, individually and on the behalf of any and all Claimants, as described above, hereby ind:mnify, release and forever hold harmless the Indemnitees against any and all cl: ims from any : nd all Claimants, for any and all damages, of whatever natnre, that may be claim:d now or in U e fucnre that hereafter may be claimed, and to forever release said Indemnitees. 1'his agreenu nt shall run with land and shall ernire to the beriefit of all the lndemnitees, without any fu ure licnitation whatsoever. WHE3EAS HOME)WNERS SWEAR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY W[LL COMPLY WITH THE ABOVE STATED CONDITIONS, PROVIDE ]NDEMNITY, AND TO PROVIDE EVIDENCE OF SURETY TO THE INDEMNIT]'sES THROUC H THEIR AGENT 70HN ECKERT WITHIN 10 DAYS, TO E wITHiN 30 DAYS, AND TO , INSOTAI LATI~ WTHIN 0 DAYS. CMPLETE T S Apr-03-98 04:17P Kevin C. Smith (303) 377-6003 P.04 Kevin'- homJ 11 dividua 11 Y and on behalf of aU possible CI limants STATE OF - ~ ) ) COUNTY OF _ ) Claudia A. Smith, homeownei, individually and on behalf of all possible Claimants day of , 19_ SUBSCRIBED i~ND SWORN to before me this My Commissior Expires: My address is: Nocary Public D. Aereement of the Citv THE C1TY OF WHEe,TRIDGE THROUGH THF1R CHIEF BUILDING OFFICIAL, RE pLLOW HOM EO ERS T) INSTALL THE D VICE ~UBTECT TOL HIS REASONABLE INSTAL APPROVAL LONG MAY APPROVE W1~THIN 60 DA` S F THE DAT THAT THIS AGARESONABLY EMENT S SIGNBD p Date )ohn Eckert, (:hief Building nspector for the Ciry o!'Wheatridge a id all Indemnitees STATE OF _ ) ) COUNTY OF' ) , 19, SUBSCRIBEll AND SWOF N to before me this day of My Commission Expires: My address i s: Notary public Mar-30-98 11:05A Kevin C_ Smith (303) 377-6003 P.01 KEVIN C. SMITH ATTORNEY AT LAW 650 SO. CHERRY STREET, SUITE 820 DENVER COLORADO 80222 (303) 377-6633 FAX (303) 377-6003 The intorm;dion contained m this facsimile message is legally privilegeJ and contidential information incended only 1:)r the use of the individual or entity named below If the reader of this message is n< t the intended recipient, you are hereby notified that any disseminati(m, distribution, or copying of this telecopy is strictly prohibited if you have received thi; telecopy in er or, please immediately notify us by telephone and return the original me:sage to us at tt e address above via the United States postal service. Thank you. Date: Time: To 11 /,1740,rf~ Fax No &_7 Telephone No: Message: RE CLIEN",~~ n~ CL# From klotllve L_LtL_?~A NO. OF PAGES BEING SI NT (including this cover sheet) f1ARD COP Y TO FOLLO\ ! YES X NO IF YOU HA ✓E ANY PROI:LEMS OR QUESTIONS RECEVING TH1S FACSIMILE, PLEASE CALL Mar-30-98 11:06A Kevin C. Smith (303) 377-6003 P.02 KEVIN C. SMITH Attomey at Law 650 S. Cherry Street, Suite 820 Denver, Colorado 80246 (3)3) 377-6633 FAX (303) 377-6003 1-800-923-2529 VIA FAX ONL} March 30, 1991; Mr. John Eckeit Chief Building Official City of VJheatr:dge 7500 W. 29"' Avenue Wheatridge, C<) 80215 RE: Fforlift at 3230 Oak St neet Deu John: Enclosetl is a general fc rm of indemnity agreement for your rev;ew. After speaking with your lawyer he said that he dii n't do anything yet. Howevet, since I am atucious to resolve the matter I have eiclosed a fortn that we may wish to use. Please c all my secretar i, Allison, and make any changes to this form and we will faac it to you for your ceview, signat ire and retum. I will then sign the form and the original shall be Eiled with your office. Sincerely, /g~ L • Kevin C. Smitt KCS/amb Enclosure (indemnity agreement form) cc: File IraN«likk~en.6 KEVIN C. SMITH ATTORNEY AT LAW 650 SO. CHERRY STREET, SUITE 820 DENVER, COLORADO 80246 (303) 377-6633 FAX (303) 377-6003 1-800-923-2529 February 24, 1998 Mr. John Eckert Chief Building Official City of Wheatridge 7500 W. 29' Avenue Wheatridge, CO 80215 RE: Florlift at 3230 Oak Street Dear John: Thank you for granting me a variance on my Florlift. As I recall I will be required to sign a release which your attomey will prepare, I must agree to have it inspected at no charge every 6 months and I must submit drawings within 30 days along with a plan of abatement. I await receipt of the release and your letter informing me of the time requirements discussed above. I have faxed my recollection of the required changes to my architect and we should have preliminary drawings fairly soon. I don't know what will be required in additien to :he 42 iac:4 walls, cab witiiout pinchpoints and circuited lift shaft doors. As I recall the elevator people were going to suggest any additional safety devices that may be advisable. Please provide me with the name and telephone number of the elevator inspector so that I may make arrangements with him to look at the lift so that he may propose additional safety modifications or, have him contact me at the above number and if he would like to contact me to schedule a meeting I would be happy to do so. iievm U. Smith KCS/amb kcs\Flwliftk\eckert5 02/29i98 TUE 16:11 FA% 303 376 5001 GORSUCH KIRGIS LL P rtTiOnhE'Ys AT LAW TO: - I(DNn) L".GICe oF: _ 1 /,alk;_(_L1) L-; CITY: _ STATE: FRnRn: DATE: TiME: PLEASE RE'JIEW ❑ PLE4SE RESPOND MESSAGE: This messaqe m,y constitu[e privilaTged attomey-climc communfcation or attomey work product. antl unauthorized usr or disclosure is probibitetl. IF you are nor She intentlsd recipier,t o` ch;s mQs>agc. ple3se advise us by Cdlling colleet ai (307) 376-5141 and forwarding the tloeumentto us by ma{i !o !he address list?G below, CLIEN7 NAMI-: Qv~ F;LE NC.: Fax n,o.: a35 ~r~.FSS~ pHGNt NG,: NUMBER OF PAGES TO FOLLOW: (not Includina this page) FOR ASSIS7ANCE, CALL (303) 376-5141 Gorsuch Kirgis LLP Tewer 1, Sui±e I 000 1515 Arapahoe Street Denver, CO 80202 7elephone: (303) 376-5000 Teiecopy: (303) 376-5001 Rooi 02!24i98 T'UE 16:11 FA.X 303 376 5001 To: Jchn Eckert, Chief Building Official VVilliam Smith, C:hairman From: F'aul Kennebeck klq~- Date: F=ebruary 24, 1a98 Re: f=indings and Camclusions AC ached are Findings and Conclusions which i believe reflect the Board's action ta: t Thursday. This document reflects the initial admission by Kevin Smith fhat his elevator was not in Compliance with the UBC, along with the Board's action relating to the extiansion of the TCO. Ploase review carefully. If you believe the document should be amended in any way, pfease adviss. If you agree the document accura?e(y reflects the Board's F indings, then Eill Smith can sign as Chairman of the Board. lit ooz I enjoyed working with you and found the evening interesGng. I think the Board anJ Wheat Ridge: staff took tfie hgM approach on ihis matter. If you have any questions, piease db not hesifate to cail me at 376-5025. 02i24%88 TUE 16:11 FA% JOJ 376 5001 FINDINGS AND CONCLUSIONS OF "fHE W"HEAT K1DG£ 6UILDING CODE ADVISORY BOARD r1 meeting of [he Wheat Ridge Building Code Advisory Board (hereinafrer "Roard") was helcl at 6:30 p.m., Fehruary 19. 1998, to consider the appeal of Kevin C. and Claudia A_ Sii:i:h ("Appe;lar.[s") of 3230Oak Strezt, Wheat Ridgc, Colorado This appeal azose from a decision ot the Chief Buildim; Official diat the cemporary cercificate of occupancy ("TCO") issued co the appcllanes should no[ be extended, nur a cenificate of oeeupaney issued, based upon violatior.s of an elevatorqifting device which was installed [n the Smith residence at 3230 Uak Street. T'he Chief Building Official denied the continuance of the temporary certificate af occupancy ba:;ed upon the fact that the elevacor/Iifting devicc violated the provisions of the 1994 Uniform [3ui!tling Code: as adopted by the City of Wlieat Ridge ("Cicy") and more spcciYically 111,e ASME:ANSL Safery Coc9e for Elevators snd Escalators ("Safery Code") as adopiecl hy thi 1994 Unii'Urm iBuilding Cocle ('.UBC"'). Findines The Buard finUs from r.hc evidence presertted by the Ci[y, specifically tltat of the Cltief Building Ofhcial, John Eckert, and the elevazor inspec[or. Jack Bultman, that the provisions of the UBC and ttie Saf'ety Code were violated by the installacion of the elevator/lifting device. Additionally, Appetlant Kevin Smith stipulated at the uutset of the heariug [ha[ said clevator/liftint; device was in violalion of the applicable codes_ The Board additionaIIy finds, pur5uan[ to Sec. 2-59 ot the Code of Laws of the City, tha[ it (the Board) has the authority [o prowide fur reasonable intcrpretaiion nf [he provisions of the UBG Pursuant to that au[horin•, and xtier lengchy testimony provided by witnesses f'or the Cicy and wimesses for the Appellants, ard on consideration of that testimony, the Board makes the following findings: L A temparary cer[ificace af occupancy wili be granted to Appeilanu for an adJiiiunxl 30 days. Spe6fica3ly, the TCO shall run ftom Eebruazy 20, 1998, io March 22, 1998. 2. During the 30--day period in which the TCO is effective, Appellancs shall provide documencs ro the Chief Building Officlal providing for coaections to the e!evaio:/littin ; tlevice as se: for[h during [he hearing, inctudir.g working drawings of correccions stampcd by a prafcssional architect and meeting the UBC standard;_ 3. 7'he Appellanu shall have 45 days afrer March 22, 1998 (uniil May 6, 1998) to complece work on the elevatodlifting device in conformance with the drawings which have been submittei to and approved by the City. Upon conformance wich those drawings, the Ciry will issue a certificate of occupancy to Appellanu. 4. AppellanCS shall executd a hold hazmless agreement which will hold the Ciry, the Board, the buil<iing inspector, the elevator inspec[or, and all agents and employces of the 9003 r-M51027m7039.0 02i24/98 TCB 16:12 FAX JOJ 978 5001 9004 Cicy from any liability relating [o any property or pcrsonal damage of any tYpe whauocver oecurring as resulc or ipe opsra[ion of the eleva[or/liftine clevice a[ 3230 nak Street. 5. AppellanLs shall provide a surecy bond co ensure thac when the device is no lomger used hy the Appellants for whatever reasaa, intluding the Appellants moving irom the properry, safe of the propetty; or any ather reason, diat tlie device wi11 be cqmpleteiy temoved !'rem tihe prenises. If said d~:vicc is nui removed within 30 days afrer the event causing the removal, the t:ity may casn uhR bond, enter upon the properry, and have the device removed_ 6. Appellan[s agree cttat, upon reasonabie notice by the City, ehey will allow Whcat Ridge inspec[urs upon the preinises [o inspec[ the clevacor/lifting device. DATED this _ day of Fcbruary, 1998. WHL-AT RIDGE BUILDING CODE ADVISORY BOARD Chairman 2 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80215 July 13, 1998 Mr. Kevin Smith 3230 Oak Street Wheat Ridge, Colorado 80033 Dear Mr. Smith: The Ciry of ~OF W HEqr~ ~O GWh e at u m GRidge C'°coRaoo Enclosed aze two copies of the Device Removal-Surety-Indemnification Agreement executed on behalf of the City by me. Please sign and return one copy to this office. When the escrow deposit and any agreement with First Bank of Colorado, N.A. is finalized, please provide a copy of all documents to this office. The deadline imposed by the building Code Advisory Board for completion of the florlift has passed. I am requesting &om you a letter stating a completion date for these modifications. We want to work with you to see that the modifications are made, but we can't have an indefinite completion date. I have spoken with the Public Works Deparhnent about the drainage problem in the gutter in front of your house. Since the warranty period for the improvements has passed and the City can no longer require the developer to fix the problem, the City will make the required modifications as part of its annual sidewalk replacement program. I understand that the modification required at this location will be placed in the program for this yeaz. Please call if you have any questions. I look forwazd to receiving a copy of the removal Agreement, escrow docuxnents, and a letter stating your completion date. Sincerely, A Alan C. White, AICP Planning and Development Director (303)234•5900 • ADMINISTRATION FAX:234-5924 • POLICE DEPARTMENT FAX:235-2949 DEVICE REMOVAL-SURETY-INDEMNIFICATION AGREEMENT A. Inuoduction Kevin C. Smith and Claudia A. Smith, hereafter "homeowners", installed a Florlift, hereafter "Device" into their newly constructed residence at 3230 Oak Street, Wheatridge, CO 80033, hereafter "residence". The Device did not comply with the applicable building and elevator codes, hereafter "Elevator Codes", as it did not contain an emergency brake feature and other features that aze required by the Elevator Codes. Although the Device was designed and marketed for the intended use in other jurisdictions, the City of Wheatridge Building Inspectors, hereafter "City", did not approve it for installation into the residence. Homeowners requested a variance which was the topic of a February 12, 1998 Building Department Hearing, hereaRer "Hearing". Subsequent to the Hearing the homeowners and the City attempted a resolution of the matter. The City granted a conditional variance to the homeowners and the homeowners entered into an agreement concerning the device which would allow the homeowners to keep the device in their home so long as they agreed to remove it when Kevin C. Smith, who uses a wheelchair, no longer resides at the residence. The City requires an indemnification and surety agreement to protect the City and guarantee the homeowners performance. B. Covenant To Remove Device Homeowners agree to remove the Device that is located in their residence when Kevin C. Smith no longer resides at the residence or no longer requires the need to utilize the Device. This covenant shall run with the land and shall bind all successors, assigns and shall be enforceable by the City. Homeowners shall be liable for any and all attorney's fees that may be incurred by the City if for any such reason homeowners refuse, despite reasonable efforts by the City to enforce the Agreement. C. Surety Agreement Homeowners agree to place on deposit the sum of $1,465.23 with First Bank of Colorado, N.A., in an interest bearing account for the benefit of the Chief Building Official of the City, such that said sum plus accrued interest cannot be withdrawn in whole or in part without the express written consent of the Chief Building Official of the City; said sum to be used by the City in order to carry out the preceding obligations of the homeowner in case the homeowner refuses, defaults or has inability to perform the above stated agreement conceming removal of the lift. Page 1 of 4. D. Indemnification Agreement Homeowners hereby indemnify the City, it's Building Inspectors, any and all Elevator Inspectors employed by the Denver Regional Council of Governments, Mike Roberts, Native Sons Construction, Inc., Sandy Thompson, architect, Mark Conroy, AAA Elevator Maintenance, as well as their staff, supervisors, agents and assigns, hereafter "Indemnitees", including but not limited to the following: Dick Youngkin, Chief of Elevator Inspectors for Denver Regional Council of Governments, 987-7500, pager 855-8201, ce11908-2202; Jack Eckert, Chief Building Official, City of Wheatridge, 235-2853; Jack Bateman, elevator inspector, 235-2855, and all other persons including material men who are in any way associated with the granting of a conditional variance and installation of the lift. The condition and basis for this agreement is as follows: WHEREAS Indemnitees make no representations concerning the safety of the lift installed by the homeowner and have allowed the homeowner to keep the lift installed because of hardship. WHEREAS the Indemnitees wish to guard against any and all claims by any Claimants including but not limited to the homeowners, their children and family members, their occupants, tenants, guests, agents, heirs, assigns, invitees, licensees, hereafter referred to as "possible Claimants" for any and all clauns of whatever nature including but not limited to claims for wrongful death, personal injury, property damage, and whatever other claims may ever be filed that in any way involve operation or damages caused by the device, hereafter "possible claims". WHEREAS homeowners acknowledge that the Indemnitees make no representations, warranties or assurances regarding the safety of the device and that homeowners assume all risk for the use, operation and installation of the device. Homeowners agree to allow for the device to be inspected every six months upon reasonable notice of the City or it's designated inspector. Homeowners further agree that if the inspector reasonably requires maintenance of the device or replacement of a part of the device, that homeowners shall refrain from using the device until such maintenance or parc has been performed and or installed. WHEREAS homeowners, individually and on the behalf of any and all possible Claimants, as described above, hereby indemnify, release and forever hold harmless the Indemnitees against any and all possible clauns from any and all possible Claimants, for any and all damages, of whatever nature, that may be claimed now or in the future that hereafter may be clauned, and to forever release said Indemnitees. This agreement shall run with land and shall enure to the benefit of all the Indemnitees, without any future limitation whatsoever. Page 2 of 4. WHEREAS HOMEOWNERS SWEAR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY WITH THE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, AND TO PROVIDE EVIDENCE OF SURETY TO THE INDEMNITEES THROUGH THEIR AGENT JOHN ECKERT WITHIN 10 DAYS, TO SUBMIT FOR APPROVAL THE PROPOSED DEVICE INSTALLATION WITHIN 30 DAYS, AND TO COMPLETE IT'S INSTALLATION WITHIN 60 DAYS OF THE DATE OF THEIR SIGNATURES BELOW. Date Kevin C. Smith, homeowner, individually and on behalf of all possible Claimants STATE OF ) ) COUNTY OF ) SUBSCRIBED AND SWORN to before me this My Commission Expires: My address is: day of , 19 Notary Public Page 3 of 4. Date Claudia A. Smith, homeowner, individually and on behalf of all possible Claimants E. Aereement of the Ciri THE CITY OF WHEATRIDGE THROUGH THEIR CHIEF BUILDING OFFICIAL, JOHN ECKERT, OR HIS LAWFUL DESIGNATE, HEREBY AGREE TO GRANT A VARIANCE CONDITIONED UPON HOMEOWNERS PERFORMANCE OF THE OBLIGATION STATED HEREIN AND SUBJECT TO THE CITY'S REASONABLE APPROVAL. THE CITY SHALL REASONABLY DIRECT AND APPROVE THE INSTALLATION WITHIN 60 DAYS OF THE DATE THAT THIS AGREEMENT IS SIGNED BELOW. C4 //V A16KAN-3e1;rEekerr Chief Building Inspector, or his Designate for the City of Wheatridge STATE OF ) ) COUNTY OF ~°~Gn507\ ) U vu 7 /3 Date SUBSCRIBED AND SWORN to before me this ~ day of it, 191~ My Commission Expires: -l - -ay -qC~ My address is: l)J'~QC4~- ~.IdCs~ ~ C°~ ~GZ\5 ~C c~m Nota y b 'c Ya/fla110/p/IMemniry.3 Page 4 of 4. 31C0G 2480 W. 26th Avenue • Suite 200B Denver, Colorado 80211-5580 (303) 455-1000 • FAX (303) 480fi790 Denver Regional Council of Governments e-mail: dreog@iex.neY • website: www.dreog.org A partnership of local govemmerns serving ihe region since 1955 Apri130, 1998 Kevin and Claudia Smith 3230 Oak Street Wheatridge, CO 80033 Deaz Kevin and Claudia, Thank you for the opportunity for Jack Buttman and myself to exanvne your chair lift in order to successfiilly attempt alteration for code compliant upgrades. Listed aze the items that were discussed in great detail between Kevin Smith, Jack Bultmazi, and myselt Dick Younkin. • Install a Pleauglas guard on the mast of the chair lift, level with the top of the platform enclosure, to a height of 47" and width of 27". This guard will be installed on the platform side of the mast. • The platform enclosure may be redesigned from 48" in height to 36" to match the top floor three sided enclosure. • Install key pad and/or key operation on the platform and at both landings. This option will be left to Kevin for the fmal decision. Both methods are acceptable. • Install the &ont wall of the enclosure from floor to ceiling, keeping the door as close to the shaft edge as possible. The door may be hollow core and shall have closer type hinges. ElectricaUmechanical interlocks are required. This is required at both landings. • Install a 36" auatiliary wall at the top floor on the remaining three sides of the opening. Kevin requested that the area between the 36" wall and the existing walls aLso be enclosed to become a shoe shelf. • At the lower landing, enclose the remaining two walls of the enclosure, those being the North and West wall. The eatisting East wall of the basement will now become part of the shaft encloswe. The North wall of the enclosure may be Pleaciglas for additional use of natural light. • Access to the pump unit, controls, and cylinder must be from another door to be installed in the South wall of the enclosure adjacent to the platform door. This door must have a storage type lock set. • Install lighting in the area now to be known as the machine room, that houses the pump unit, controls, and mast. • Check unit for alignmern to eliminate metal to metal contact as it approaches the bottom lauding. • Install emergency stop switch on the platform. Make this switch be activated by pushing and acceptable in size to accommodate Kevin. Board Oflicers Executive CommiBee Margbrel W. Carpenter, Chairmon Polly Page, Chairman M. Michoel Cooke Michelle Lawrence Polly Page. Vice Chohmon Jan Schenek. Vice Chairmon Paul D_ Danish Robert Polrol Jan Schenck,Secretory-ireasurer Margarei W. CorpeMer Candy C. Figo Joe Rice Roloncl E Cole. ImmecJlate Pasi Chairman Rolond E Cole Mortln J Floum Weuington E Webb Robert D. Farley. Executive Dlrector Page 2 3230 Oak Street • ALL"coutrols are to located as to be convenieirt and accessible for Kevin. . Replace the damaged arm on the slack chain switch. • Adjust the platform to ]and at the bottom, all four comers at the same time. Presently, the North end of the platform is landing first• • Remove existing trap door at the top floor. Remove the push brackets &om the mast, but leave the stanclrion arms for a place to secure the Pleniglas guard. • Upon completion of all the additional electrical changes, a asbuih wiring schedule must left in the controller. . Install missing 7501b. capacity plate on the platform next to the operating corArols. Drawings for the enclosure were reviewed with a couple of minor changes noted and were approved. Please feel free to contact me if you have any questions regarding my report. Res tfully, / QC- Dick Yo~ Elevator Code Administrator cc; John Eckert Jack Bultman KEVIN C. SMITH Attorney at L,aw ~ A CENED 650 S. Cherry Sueet, Suite 820 Denver, Colorado 80246 REN O 9 19'8 L (303) 377-6633 FAX (303) 377-6003 1-800-923-2529 VIA HAND-DELIVERY June 9, 1998 Chief Building Official City of Wheatridge 7500 W. 29' Avenue Wheatridge, CO 80215 RE: Florlift at 3230 Oak Street Dear Chief Building Official: The City has earlier allowed me a variance to install a wheelchair lift so long as I agree to remove the item when I no longer have a need for it. Enclosed is a bid for the removal of my elevator and replacement of the floor. The bid is for $1,465.23. Also enclosed is a copy of the Device Removal-Surety-Indemnification Agreement conceming the lift. In this document, an amount of $3,000.00 was determined by John Eckert to be the starting point for a rough guess estimate of the amount that should be allowed for removal of the device. When I told him that this seemed kind of high to me, he told me to get you a written bid and you would reconsider the amount of the bond required. Now that I have a bid indicating that it would cost $1,465.23 to remove the device and replace the floor, I request that you allow me to post a$1,465.23 bond rather than a$3,000.00 bond. If you would agree to do this I would be most appreciative. I have enclosed a Amended Device Removal-Surety-Indemnification Agreement that contains a reference to the~1,465.23 bond figure. Please review the enclosed and if the same meets with your approval please sign and retum one copy in the envelope provided saving one copy for your files. 111.J/ A111U Enclosure (Original Agreement, Amended Agreement, retum envelope) cc: File ka\flalifl\c~cken] ~ o D ~ d o ~ d Q m 1 ~ S G ~ ~ 4.. Z y O fD 0 ti ^ : < < ~ . i.i'J ~ ~ ~ • t` . . . . i ~ N m 3 ' ` o ? i(\ ~D ~ o O O 1 A y C ~ ~ m oc ~ :a> o CO m :;r D W~ 0 4 o . ~ : < a 3 N N J ~ ~ . . . . . . . . . a . 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CYLINDER- mr , A ( "�; I ER WAS. BAT BEDROOM KITCHEN BREAKFAST C ROOM low f io STI S ST L -A N' SPECIFICATIONS, FL-100-A L I F U S E: HANDICAPPED LIF7 Mi PL�TFORI�;- 34"L X 6 G" V.? OVERALL L X W: 4 X P, C" T I *6 S00OWk 2K2 s OA A #*A 04 — F F! T L L I RAVEL: 89 4. T FRANIE HGHT: 7'-2" CAPACITY: 750 LBS. spolo*w. 4A,V P TI.Wy p t'� IM 0 j ' j Z j Le'- V I I " Lli jj! I SP L-- L I JDVVPK�VAT VW, LWT F,#" CON"IROLS 0�1'il: 24V CONSTANT PRESSURE WHEN THe 00CW CW*41 AVOC H I t !! ' ST �j iLL I IONS: T)IYO (2) It'-USH' Q k3O (NO TI TO SCkf) m RWP BY -z OTHERS - 110 MECHANi AL MER-RiJk ST Fi UPPER. '-,Wrr SVI77 44 EXISTING CONCRETE SLAB I M07 BL; H � h - � DIRECTION. RANDPWIL ,-W STATION C) is ......... 0 0 PLATFORM W I LD TH FRONT ELEVATIU.' 2, 3. Ar- t rn 1 I F 7 AR Ml Li C. 0 ' , F NION—SKID SURFACE D 011-NE (1) H AIN D Ad STkNDAR[,l 'SAFE71Y, FEATURFS- (I - T p E. 7,0-00 L.B. BURST STRENr'T '71 H HYDRAULIC HOSE F. UPPIEP UM!T W, CHI G � C, E IN M7110f,, Al ARh,' —I IF Mi ST" 04 �,ax T I *6 S00OWk 2K2 s OA A #*A 04 T 1p*k, spolo*w. 4A,V P TI.Wy JDVVPK�VAT VW, LWT F,#" WHEN THe 00CW CW*41 AVOC k3O c c VOP ANID Is W ON O:. ilM Of CEDAR ocop saw STAIRS TAIRS TPAP oo�-.- —4 (NO TI TO SCkf) m RWP BY -z OTHERS - 110 MECHANi AL MER-RiJk ST Fi UPPER. '-,Wrr SVI77 44 EXISTING CONCRETE SLAB I M07 BL; H � h - � DIRECTION. RANDPWIL ,-W STATION C) is ......... 0 0 PLATFORM W I LD TH FRONT ELEVATIU.' 2, 3. Ar- t rn 1 I F 7 AR Ml Li C. 0 ' , F NION—SKID SURFACE D 011-NE (1) H AIN D Ad STkNDAR[,l 'SAFE71Y, FEATURFS- (I - T p E. 7,0-00 L.B. BURST STRENr'T '71 H HYDRAULIC HOSE F. UPPIEP UM!T W, CHI G � C, E IN M7110f,, Al ARh,' C0fiS"I'R`UB,"Ti(X-*! ELECTRIC'ALL'.) W rE LEL" At! ` DE — t- SIGNED IN AurC0RD,* WITH CONSERVA �—EN(,'INEERffi PRACTICES. ALL MASON RY,CARPENTPY, 0!77 TRI,r-",A'L WORK TO BE DONE BY OTHEtC� 'r l SPL�IFIFD COLOR OF UNIT "" BE ROY BLUE MACHINE L 10 L- L- CT ROSTATI"ALY A PPLIES. -ENAMEL ELE 1 1 u I i-1 I FLORLIFT OF NEW JERSEY 41 WrRENCE ST. EAST 0 1 G t N-J. 07017 BY TEL: 201429-2200 F 201 429-0922 PRWECT: PAT HIGH FL— 1 00—A DATI E: 07-18-96 SC U: 3/4" =1 2527 J. SERNA XD'oy: XG- 03-01-1297—D —I IF Mi ST" 04 �,ax C0fiS"I'R`UB,"Ti(X-*! ELECTRIC'ALL'.) W rE LEL" At! ` DE — t- SIGNED IN AurC0RD,* WITH CONSERVA �—EN(,'INEERffi PRACTICES. ALL MASON RY,CARPENTPY, 0!77 TRI,r-",A'L WORK TO BE DONE BY OTHEtC� 'r l SPL�IFIFD COLOR OF UNIT "" BE ROY BLUE MACHINE L 10 L- L- CT ROSTATI"ALY A PPLIES. -ENAMEL ELE 1 1 u I i-1 I FLORLIFT OF NEW JERSEY 41 WrRENCE ST. EAST 0 1 G t N-J. 07017 BY TEL: 201429-2200 F 201 429-0922 PRWECT: PAT HIGH FL— 1 00—A DATI E: 07-18-96 SC U: 3/4" =1 2527 J. SERNA XD'oy: XG- 03-01-1297—D CUT—OUT AND TRAP DOOR CONSTRuli T L f I YPICAl �LOOR J— I to s .4 HERTZBERG h SANCHEZ, PC 295 NORTHERN BLVD. REVSIONS GREAT NECK NY 11021 ------- m TRAPDOOR ST" 04 �,ax *6 S00OWk 2K2 s OA A #*A 04 "00 tM 24"'s viv-11`4 1p*k, spolo*w. 4A,V P TI.Wy JDVVPK�VAT VW, LWT F,#" WHEN THe 00CW CW*41 AVOC k3O VOP ANID Is W ON O:. ilM Of ocop saw St lE iii <' Or TPAP oo�-.- S; v RAJ` J" t evoo_ JEW Sam 6f m S A-! V40VJN TO �k"P 2- MOVIA TC, T+q1- 2 34 A V VVOW^�- , W'*s' 4LLE0 A� 94DMI L1 7 Agim mik-UP Ti V W) Ppf$- poko, D APPROVfZ M MC-NS STATES V'xl rft^F E swTCP"*s At cok %T*W, VrtE 4,ft TYPt IiwmHllr STOW- CUT—OUT AND TRAP DOOR CONSTRuli T L f I YPICAl �LOOR J— I to s .4 HERTZBERG h SANCHEZ, PC 295 NORTHERN BLVD. REVSIONS GREAT NECK NY 11021 ------- m TRAPDOOR Service while you sleep Established 1892 - aL1en ver BURGLAR ALARM COMPANY, INC. 1955 Shertnan Street - Telepfione 303-292-2222 - Denver, Colorado 80203 510 Eas[ Pikes Peak - Telephone 719-475J500 - Colorado Springs, Cobrado 80903 1421 Webster Avenue - Telephone 970.221-I500 - FC Collins, Colorado 80524 A CENTURY OF SERVICE July 7, 1997 WHEAT RIDGE BUII,DING DEPARTMENT 7500 WEST 29th AVENUE WHEAT RIDGE, COLORADO 80215 To Whom It May Concern, DENVER FIRE REPORTER & PROTECTIVE COMPANY INC. DENVER BURGLAR ALARM 1955 SHERMAN STREET DENVER,COLORADO 80203 We at Denver Burglar Alarm aze informing you that we acainstalling and monitoring a Burglar Alarm System at Kevin & Claudia Smith (Resid , CO 80033. As per your request, we will in turn inform you when we cancel said monitoring of that system. ,~-------1~ Bruce Ryan (303) 292-2222 C3peration Support Manager II~ I~I 106 YP:ARS OF SERVICE I i Residential & Commercial Burglar & Fire Alarms • Sprinkler Systems • Holdup Alarms • Cameras • Card Access ~~NT OF PLANNING AND DEVELOPMENT G INSPECTION DIVISION - 235-2855 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 ` 'rRroperty Owner : I?roperty Address : 3230 OAK ST I"dCtor License No. : 18141 Company : Denver Burglar Alarm Co. 5422 7/10/97 Phone: 237-3419 Phone: 292 2222 CTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT k~@setback distances proposed by this permit application are accurate, ~IlCable ordinances, rules or regulaGons of the Qty of Wheat Ridge or ~s or restridions of record; that all measurements shown, and allega4ons ttAt I have read and ayree to abide by all conditions printed on this 1:essume f'f~be P Wheat tRidr dPlancesNfoh work underRtiis p Bmiding IlAtherapp 9e o ~7 CTOR) SIGNED ATE J 6~a2 i ! INSTALL AND MONITOR WITN A BURGLAR ALARM BUILDING DEPARTMENT USE ONLY Walls : Roof : Stories : Construction Value : $1,150.00 Permit Fee : $45.00 Use Tax : $0.00 Total: $45.00 SIC : Sq. Ft. : Residential Units : ; No ; Plumbing License No : Mechanical License No : Company: Company: Expiration Date : Expiration Date : Approval : Approval : f~eq~Yc~?b.' igLqgUed in eccordance with the provisions sel fodh in yopur application and is sublecl to the laws oF the Sfate of Colorado and to Ihe Zoning ttl BuOtling Code of Wheat Ridye, Colorado or any other applicable ordinances of the City. ap expire 6(A) the work authonzed is not commencetl within sixry (60) days from issue date or (B) the building aulhorizetl is suspended or ~a perfod of 720 days. 7cpires, a new permit may be acquired for a fee of one-half the amount normally required, provitled no chan9es have been or will be made m[ e irW gpecifications antl any suspension or abantlonment has not exceetled one (1) year. If changes are made or rf suspension or abandonment y) yeer, full tees shall be paid for a new permit. y me0ner shall be done thatwill change the natural Flow of waler causin9 a draina9e problem. NI nobfy the Building Inspector hvenry-four (24) hours in advance for all Inspections and shall receive written approval on inspection card before vivons Nhguccessive phasesoFthejob. es or any 1the~ord nalnrx, awingse otlre9ulati'o tions shall not be constmed to be a permit for, nor an approval of, any violalion of the pro eotl Building Permit Number Date nspector T VALID ONA,LLL W 34 5933 24 HOURS P IOR TO~INSPECTION ECTOR AND MAYOR DEPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : BUILDING INSPECTION DIVISION - 235-2855 Date : ~~9~97 CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215 Property Owner : ~vin And Claudia Smith Residence Property Address : 3230 Oak Street.f ~t Ridge 00 80033 Phone : 23~-347-9 Contractor License No. : ,18141 Company : nenver Burglar Al.arm CauPany.f Inc• Phone : 575-0350 OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT I hereby certify that the setback distances proposed hy ihis permit appliwtion are accurete, and do nol violate applicable ordinances, rules or regulations of the City of Wheat Ridge or covenants. easements or restriclions of record: that all measurements shown, and allegalions made are accurate; lhat I have read and agree to abide by all conditions printed on this application, and that I assume full responsibility for compliance with the Wheat Ridge Building Code (U.B.C.) and all other applicable Wheat Ridge ordinances, for work under lhis permil. (OWNER)(CONTRACTOR) Construction Value : $1, LSp,pp Permit Fee : $ 45.00 C-01084 Use Tax : Total: $ 45.00 Uescription : T"mTAr.r. p,ND M7AII7nR WI79 A FIItSP ALHYP 145C DIGITAL QOi9+IMCA70R- BUILDING DEPARTMENT USE ONLY ~ Approval : Zoning : 61111dIng~~ Approval : E' d1iE,!N6Yk~*G~dO~,lents:; Approval : Occupancy : Walls : Roof : Stories : Residential Units : Electncal License No : Plumbing I_icense No : Mechanical License No : Company : Company : Company : Expiration Date : Expiretion Date : Expiretion Date : Approvai: Approvai: Apprcval: Pfans Reyulred J ~ PI~ncRequired PIBns RSpulred~;:`7 (1 i This permit was ¢suetl in accortlance with the promsons set Vnth in yopur applica4on antl is subjecl lo the lawa ot the Slale ol Cabratlo antl lo the Zoning Regulalwns and Building CoOe ot Nfient Ridge, Cobratlo or a, ly other appliUble ordinances ol the Ciry. (q) This permit shall eapire d(A) the work authorize0 rs not commenced withm slxry (60) days Irom issue tlale ot (B) the bmltling aulha¢etl is suspentlaG ar abandonetl for a periotl of 120 tlays. (3) II this permit expires. a new permn may be acquiretl tor a lee of one-hall the amount normalty reQUired, provided no changes have been or will be made in the original 0lans antl svecifications and any suspension or abandunment has not exceeded one (1) yeac 11 changes are matle or i( suspension or abaMOnmenl eaceeds one (1) year. lull IeeS Shall be paid lor a new permit. (A) No work ol any manner shall be done that will chanqe Ihe naWial Ilow of water causing a drainage problem. (5) Conlractor shall notiN the Building Inspecmr twenly-lour (24) hours in atlrance lor all inspections antl shall recerve wntlen appmval on inspecUOn carE belore proceediing with successive phases of the job. (6) The issuance of a permil or the approvai of drawings and specifications shall not be wnslmetl ta be a permlt lor. nor an approval ol, any violatlon af the provisiona of the butlding cotles or any other ortlinance, law. mle or regulation. , Chief 8uilding Inspector Fur Mayor THIS PERMIT VALID ONLY WHEN SIGMED BY THE CHIEF BUILDING INSPECTOR AND MAYOR CALL: 234-5933 24 HOURS PRIOR TO INSPECTION 7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80215 July 24, 1998 Kevin C. Smith 650 South Cherry Street, Suite 820 Denver, CO 80246 RE: Florlift at 3230 Oak Street Dear Mr. Smith, The Ciry of Q%N ~ O GWheat GRidO We have received your letter dated July 22, 1998 and accept your proposed completion date of August 30, 1998. This is also to let you lrnow that all electrical and mechanical must be inspected before covering and a final inspection will be required when all construction is complete. Regarding the escrow requirements, these will be required to be completed and accepted before a final inspection will be done. The August 30, 1998 completion date will include all escrow issues. If you have any questions or comments please feel free to contact me at 235-2853. Sincerel ~ Darin Morgan Codes Administrator cc address filo for 3230 Oek Street Alan White, Community Development Director Bob Gaspar, Comb. Building Inspector (303) 234•5900 • ADMINISTRATION FAX: 234-5924 • POLICE DEPARTMENT FAX: 235•2949 DEVICE REMOVAL-SURETY-INDEMNIFICATION AGREEMENT A. Introduction Kevin C. Smith and Claudia A. Smith, hereafter "homeowners", installed a Florlift, hereafter "Device" into their newly constructed residence at 3230 Oak Street, Wheatridge, CO 80033, hereafter "residence". The Device did not comply with the applicable building and elevator codes, hereafter "Elevator Codes", as it did not contain an emergency brake feature and other features that are required by the Elevato: Codes. Although the Device was designed and marketed for the intended use in other jurisdictions, the City of Wheatridge Building Inspectors, hereafter "City", did not approve it for installation into the residence. Homeowners requested a variance which was the topic of a February 12, 1998 Building Department Hearing, hereafter "Hearing". Subsequent to the Hearing the homeowners and the City attempted a resolution of the matter. The City granted a conditional variance to the homeowners and the homeowners entered into an agreement concerning the device which would allow the homeowners to keep the device in their home so long as they agreed to remove it when Kevin C. Smith, who uses a wheelchair, no longer resides at the residence. The City requires an indemnification and surety agreement to protect the City and guarantee the homeowners performance. B. Covenant To Remove Device Homeowners agree to remove the Device that is located in their residence when Kevin C. Smith no longer resides at the residence or r.o longer requires the need to utilize the Device. This covenant shall run with the land and shall bind all successors, assigns and shall be enforceable by the City. Homeowners shall be liable for any and all attorney's fees that may be incuned by the City if for any such reason homeowners refuse, despite reasonable efforts by the City to enforce the Agreement. C. Suretv Aereement Homeowners agree to place on deposit the sum of $1,465.23 with First Bank of Colorado, N.A., in an interest bearing account for the benefit of the Chief Building Official of the Ciry, such that said sum plus accrued interest cannot be withdrawn in whole or in part without the express written consent of the Chief Building Official of the City; said sum to be used by the City in order to carry out the preceding obligations of the homeowner in case the homeowner refuses, defaults or has inability to perform the above stated agreement concerning removal of the lift. Page 1 of 4. D. Indemnification A¢reement Homeowners hereby indemnify the City, it's Building Inspectors, any and all Elevator Inspectors employed by the Denver Regional Council of Governments, Mike Roberts, Native Sons Construction, Inc., Sandy Thompson, architect, Mark Conroy, AAA Elevator Maintenance, as well as their staff, supervisors, agents and assigns, hereafter "Indemnitees", including but not lunited to the following: Dick Youngkin, Chief of Elevator Inspectors for Denver Regional Council of Governments, 987-7500, pager 855-8201, ce11908-2202; Jack Eckert, Chief Building Official, City of Wheauidge, 235-2853; Jack Bateman, elevator inspector, 235-2855, and all other persons including material men who are in any way associated with the granting of a conditional variance and installation of the lift. The condition and basis for this agreement is as follows: WHEREAS Indemnitees make no representations concerning the safety of the lift installed by the homeowner and have allowed the homeowner to keep the lift installed because of hardship. WHEREAS the Indemnitees wish to guard against any and all claims by any Claimants including but not limited to the homeowners, theit children and family members, their occupants, tenants, guests, agents, heirs, assigns, invitees, licensees, hereafter reFerred to as "possible Claimants" for any and all claims of whateve: nature including but not limited to claims for wrongful death, personal injury, property damage, and whatever other claims may ever be filed that in any way involve operation or damages caused by the device, hereafter "possible claims". WHEREAS homeowners acknowledge that the Indemnitees make no representations> warranties or assurances regarding the safety of the device and that homeowners assume all risk for the use, operation and installation of the device. Homeowners agree to allow for the device to be inspected every six months upon reasonable notice of the City or it's designated inspector. Homeowners further agree that if the inspector reasonably requires maintenance of the device or replacement of a part of the device, that homeowners shall refrain from using the device until such maintenance or part has been performed and or installed. WHEREAS homeowners, individually and on the behalf of any and all possible Claimants, as described above, hereby indemnify, release and forever hold harmless the Indemnitees against any and all possible clauns from any and all possible Claimants, for any and all damages, of whatever nature, that may be claimed now or in the future that hereafter may be claimed, and to forever release said Indemnitees. This agreement shall run with land and shall enure to the tienefit of all the Indemnitees, without any future limitation whatsoever. Page 2 of 4. WHEREAS HOMEOWNERS SWEAR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY WITH THE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, AND TO PROVIDE ~FN~F~OF SURETY TO THE INDEMNITEES THROUGH THEIR AGENT 3AI ~'F WITHIN 10 DAYS, TO SUBMIT FOR APPROVAL THE PROPOSED DEVICE INSTALLATION WITHIN 30 DAYS, AND TO COMPLETE IT'S INSTALLATION WITHIN 60 DAYS OF THE DATE OF THEIR SIGNATURES BELOW. Date -T , 7 - ao-2 Date ~ Kevin C. Smith, homeowner, individually and on behalf of all possible Claimants STATE OF Co ~ ) ~ Clau ia A. Smith, homeowner, indivi ually and on behalf of all possible Claunants ) COUNTY OF SUBSCRIBED AND SWORN to before me this ~O A day of u , 19 v 7 My Commission Expires: My address is: a 9 Q i/~ ` .[A/L 1! . 0 Notary Public Page 3 of 4. E. Agreement of the Citv THE CITY OF WHEATRIDGE THROUGH THEIR CHIEF BUILDING OFFICIAL, JOHN ECKERT, OR HIS LAWFUL DESIGNATE, HEREBY AGREE TO GRANT A VARIANCE CONDITIONED UPON HOMEOWNERS PERFORMANCE OF THE OBLIGATION STATED HEREIN AND SUBJECT TO THE CITY'S REASONABLE APPROVAL. THE CITY SHALL REASONABLY DIRECT AND APPROVE THE INSTALLATION WITHIN 60 DAYS OF THE DATE THAT THIS AGREEMENT IS SIGNED BELOW. G4 //(NaK iK'-mm Chief Building Inspector, or his Designate for the City of Wheatridge STATE OF ) ) COUNTY OF 1 7/3 Date SUBSCRIBED AND SWORN to before me this day of it, 1931i~-- My Commission Expires: -l-1cA -qg My address is: ~c rrocAy b ~c ku/flaliNp/iMemniry.l Page 4 of 4. KEVIN C. SMITH Attorney at Law 650 S. Cherry Sueet, Suite 820 Denver, Colorado 80246 (303) 377-6633 FAX (303) 377-6003 1-800-923-2529 July 22, 1998 Alan C. White, AICP Planning and Development Director City of Wheatridge 7500 W. 29" Avenue Wheatridge, CO 80215 RE: Florlift at 3230 Oak Street Dear Mr. White: IV~99D * T-lu CE23 1. Enclosed is the fully executed Device Removal Surety And Indemnification Agreement. Thank you for your letter of July 13, 1998. Thank you for your willingness to reduce the indemnification surety to the amount required to remove the Florlift. This will make it more affordable for us as this thing is turning out to be expensive. Installation of the device has been delayed. The matter has been delayed because my mechanic must modify the lift cab in order to accommodate the electrician's requirements. He is almost finished with these modifications and then the electrical circuitry. Once the electrical circuiuy has been installed we can start finalizing the finishing as the framing has been completed. Please let me know if we should have an electrical and mechanical inspection prior to finishing. I believe that the entire project can be completed by August 30, 1998. Being a general contractor is frustrating as workers are always there when you're not ready or there not ready when you're ready or they're waiting on other contractors etc. August 30th is my best good faith estunate and I will let you know if I can not hold to that. Pursuant to instructions in your letter of July 13, 1998 I have scheduled an appointment with my banker to go over the escrow account details. I will provide you with a copy of the escrow account details. I will provide you with a copy of the escrow deposit and any agreement once I have this finalized. iith KCS/amb Enclosure (agreement) cc: File DEVICE REMOVAL-SURETY-INDEMNIFICATION AGREEMENT A. Introduction Kevin C. Smith and Claudia A. Smith, hereafter "homeowners", installed a Florlift, hereafter "Device" into their newly constructed residence at 3230 Oak Sueet, Wheatridge, CO 80033, hereafter "residence". The Device did not comply with the applicable building and elevator codes, hereafter "Elevator Codes", as it did not contain an emergency brake feature and other features that are required by the Elevator Codes. Although the Device was designed and marketed for the intended use in other jurisdictions, the City of Wheatridge Building Inspectors, hereafter "City", did not approve it for installation into the residence. Homeowners requested a variance which was the topic of a February 12, 1998 Building Department Hearing, hereafter "Hearing". Subsequent to the Hearing the homeowners and the City attempted a resolution of the matter. The City granted a conditional vaziance to the homeowners and the homeowners entered into an agreement concerning the device which would allow the homeowners to keep the device in their home so long as they agreed to remove it when Kevin C. Smith, who uses a wheelchair, no longer resides at the residence. The City requires an indemnification and surety agreement to protect the City and guarantee the homeowners performance. B. Covenant To Remove Device Homeowners agree to remove the Device that is located in their residence when Kevin C. Smith no longer resides at the residence or no longer requires the need to utilize the Device. This covenant shall run with the land and shall bind all successors; assigns and shall be enforceable by the City. Homeowners shall be liable for any and all attomey's fees that may be incurred by the City if for any such reason homeowners refuse, despite reasonable efforts by the City to enforce the Agreement. C. Surety,A¢reement Homeowners agree to place on deposit the sum of $1,465.23 with First Bank of Colorado, N.A., in an interest beazing account for the benefit of the Chief Building Official of the City, such that said sutn plus accrued interest cannot be withdrawn in whole or in part without the express written consent of the Chief Building Official of the City; said sum to be used by the City in order to carry out the preceding obligations of the homeowner in case the homeowner refuses, defaults or has inability to perform the above stated agreement concerning removal of the lift. Page 1 of 4. D. Indemnification Aereement Homeowners hereby indemnify the City, it's Building Inspectors, any and all Elevator Inspectors employed by the Denver Regional Council of Govemments, Mike Roberts, Native Sons Construction, Inc., Sandy Thompson, architect, Mark Conroy, AAA Elevator Maintenance, as well as their staff, supervisors, agents and assigns, hereafter "Indemnitees", including but not limited to the following: Dick Youngkin, Chief of Elevator Inspectors for Denver Regional Council of Govemments, 987-7500, pager 855-8201, ce11908-2202; Jack Eckert, Chief Building Official, City of Wheatridge, 235-2853; Jack Bateman, elevator inspector, 235-2855, and all other persons including material men who are in any way associated with the granting of a conditional variance and installation of the lift. The condition and basis for this agreement is as follows: WHEREAS Indemnitees make no representations concerning the safety of the lift installed by the homeowner and have allowed the homeowner to keep the lift installed because of hardship. WHEREAS the Indemnitees wish to guard against any and all claims by any Claimants including but not limited to the homeowners, their children and family members, their occupants, tenants, guests, agents, heirs, assigns, invitees, licensees, hereafter refened to as "possible Claimants for any and all claims of whatever nature including but not limited to claims for wrongful death, personal injury, property damage, and whatever other claims may ever be filed that in any way involve operation or damages caused by the device, hereafter "possible claims". WHEREAS homeowners acknowledge that the Indemnitees make no representations, warranties or assurances regarding the safety of the device and that homeowners assume all risk for the use, operation and installation of the device. Homeowners agree to allow for the device to be inspected every six months upon reasonable notice of the City or it's designated inspector. Homeowners further agree that if the inspector reasonably requires maintenance of the device or replacement of a part of the device, that homeowners shall refrain from using the device until such maintenance or par[ has been performed and or installed. WHEREAS homeowners, individually and on the behalf of any and all possible Claimants, as described above, hereby indemnify, release and forever hold harmless the Indemnitees against any and all possible claims from any and all possible Claimants, for any and all damages, of whatever nature, that may be claimed now or in the future that hereafter may be claimed, and to forever release said Indemnitees. This agreement shall run with land and shall enure to the benefit of all the Indemnitees, without any future limitation whatscever. Page 2 of 4. WHEREAS HOMEOWNERS SWEAR AND AFFIRM BY THEIR SIGNATURES BELOW THAT THEY WILL COMPLY WITH THE ABOVE STATED CONDITIONS, PROVIDE INDEMNITY, AND TO PROVIDE EVIDENCE OF SURETY TO THE INDEMNITEES THROUGH THEIR AGENT JOHN ECKERT WITHIN 10 DAYS, TO SUBMIT FOR APPROVAL THE PROPOSED DEVICE INSTALLATION WITHIN 30 DAYS, AND TO COMPLETE IT'S INSTALLATION WITHIN 60 DAYS OF THE DATE OF THEIR SIGNATURES BELOW. 7' /,1-0 IqV Date f~vin C. Smith, homeowner, individually and on behalf of all possible Claimants Date , Claudia A. Smith, homeowner, individually and on behalf of all possible Claimants STATE OF ) COUNTY OF SUBSCRIBED AND SWORN to before me this 0% , day of c, 19-TE My Commission Expires: My address is: 9 Q 7/~l1iDo1 Fbc3 z. -2) G-4//~ &,.,k Notary Public Page 3 of 4. E. Aareement of the Citv THE CITY OF WHEATRIDGE THROUGH THEIR CHIEF BUILDING OFFICIAL, JOHN ECKERT, OR HIS LAWFUL DESIGNATE, HEREBY AGREE TO GRANT A VARIANCE CONDITIONED UPON HOMEOWNERS PERFORMANCE OF THE OBLIGATION STATED HEREIN AND SUBJECT TO THE CITY'S REASONABLE APPROVAL. THE CITY SHALL REASONABLY DIRECT AND APPROVE THE INSTALLATION WITHIN 60 DAYS OF THE DATE THAT THIS AGREEMENT IS SIGNED BELOW. kk ~jev~ Chief Building Inspector, or his Designate for the City of Wheatridge STATE OF ~Qd ) COUNTY OF 7 ~ a Date SUBSCRIBED AND SWORN to before me this 1',A1 day o l> 199~) U n My Commission Expires -l - a~ - C~Ci My address is: -ISC W: YA~ U(~-- WOa R\dc~ ~ ~u ~Eoavs ~ Not ry lic kcs/Oml iRlp/iMemniq.3 Page 4 of 4. Jan-09-98 04:03P C)EVREVFAX CITy OF W HBwT RI 'GE 7900 WpYLV1+1~lM . ~~R~qlwua ~(1. 15 IsOiisaY:.63 12e3, eoe-z•rs' rlovcmbof to, 1997 Kevin Smith 3270 Oak 5trmt. Whaet Ridga, Co. 80033 j03 L4%= ~i ~ Dcrr Kevin Smith: On Octobu 7, 1947, tha propcrH nt 3230 Oek Street was Srsntod a t°mp°ra~' C°~~°a~ Ouup~+ey. T~'~ lmdacapin8 md the outttending ilemc on tl~is daeument th~t wero famd to noc bc in w rtpliaaca v~e Fl+dwB• l~ance befo~c ihc ~ anpvrary Ceftil~u~ of OccupancY exPi*ti on clovumc. 7'h~se items muM be braupJi~ into ~mP be is~ucd. If these items sre twt brouaht into lnc February 7. 19915, ao thal a pormen°nt ~'ficata oC Oo ~d in lu in6 w^ddQ1^~O° and r'iccion proccduics. wmpliaec? the city wi11 pursue oe+tuhvc ~uO3's, °p (,istod bolow are the spec~~ itone th°t aO found aot m ba in com; lianw; 1. The rou Yard grsdia6 Po}ev r hazand to thc scn+°twsl t ability of this house sinee 1he final gSedine allows tlte coil to be ebove the cill plates and in eo++teu 'With non trestcd lumbcr. 2,T7xe lendseaping wai not in at tima of fi^el inspection. 7iis item was resolvod N'itb an u6COW °$`DO1°ePt. ( $cc auaw agreemant ) ~ 3.Thc alevator doeo not eomplY With minimuto aefcty nQ urr1°O^te Ru a passengu elevetor. Ta thiz uid one of ihe fnllowinQ opdons ic raored. A. Thit dwator mwe be modiGed to een+VlY with a bPted standards. B_ The elovator muat 6e repl" with onc thut ean dia with rdopted standarda- C. Tite dovMWr mupt be ranoved end thc IIoor ropl wod wLere tlhs olwOtor was. Iroces one end tlvee remain unwrrocted.md are eonsiderod code vAatiam undat Ihe Uniform Building Cadc. MW parson h_vin8 an)' rec°rd titlc or legd inceres[ in this huildi 8 Mey aPPoll frOm the r.otir.e and ordes o* any action of the Building Official to the housing advisory rod appG Ig beurd, Provided du aPP°al is med~ in wrwns uprovided by.t1x codc. end filed wiih thc Building Official pric - W lmuary A. 1998. Failurc w appcd will conttiwcc a w+uver of all rights wan aDstament bettling " dOtt mination of the meucr. lf aey 9uesho^s °n'sc rogyrding;this matlct, fal free w caU mo st 235-2853 Si l y; p C"' 1 John EckeA Chief Building OfTicial O~~ a ~ ~,¢u"'v'_' - . w64k ~ 01/00/98 FRI 15:51 fTY/Ra NP 55381 01/14/98 WED 02:59 [TX/RX NO 56391 KEVIN C. SMITH ATTORNEY AT LA W 650 S0. CHERRY STREET, SUITE 820 DENVER, COLORADO 80246 (303) 377-6633 FAX (303) 377-6003 1-800-923•2529 November 19, 1997 Mr. John Eckert Chief Building Official City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80215 RE: Inspection 3230 Oak Street Dear Mr. Eckert: ~ i,f`FCE~ VISD q 1997 I Thank you for your letter of November 10, 1997. I will address and number each item you noted. 1. The grading has been contracted for and is awaiting weather cooperation. I fully expect to have this completed by your deadline of 2/7/98, so long as we do not have an unseasonably wet or cold winter that would interfere with the grading equipment. 2. The landscaping has been contracted for. We will not be able to plant this year. We will plant evergreens and lay sod as soon as the ground can be worked. 3. The Florlift poses lluee options. As far as option A, modifying the lift, I have written the attached letter to the manufacturer seeking modification information. He is on vacation and will get back to me soon. Option B, replacing the lift, is impossible. We have eachausted our funds and closed our construction loan and therefore this opuon will take the manufacturers financial cooperation, something that is uncertain. The third option of removing the lift requires the cooperadon of Florlift, the advice of our builder, and receipt of necessary funds. Hopefully, all this can be accomplished by February 7, 1998. Depending on the wst involved, we may or may not be able to afford to do this. 1 would like you to either provide me copies or tell me where I may purchase a copy of the limited use/limited access portion of the elevator code, and I would also like to copy your municipal code that deals with zoning violations, variances, appeals, requests for extension of time, etc. In the meantime, please let me know the procedure for obtaining an extension of out to be necessary Please telephone me at your next convenient opportunity. KCS/amb r~~a~. CITY OF WHEAT R1DGE 7500 Wcsi20m A`/ENVE WH4i Rg~c Ca~ 602 15 13031 233-2033 Fwr: I303I 2J3-2B37 December 31, 1997 Kevin Smith 3230 Oak Street. Wheat Ridge, Co. 80033 Deaz Kevin Smith: In response to your request of December 29 1997 to obtain an extension on the temporazy certificate of occupancy . It is the position of the City of Wheat Ridge Building Deparhnent that [his request be denied, and that this project by your written reyuest be brought before the boazd of appeals for consideration. Listed below are the specific items that are found not to be in compliance, and the procedure for filing an appeal; 1.1'he reaz yard grading poses a hazard to the structural stability of this house since the final grading allows the soil to be above the sill plates and in contact with non treated.lumber. 2. The landscaping was not in at time of final inspection. This item was resolved with an escrow agreement. ( See escrow agreemen[ ) 3. The elevaror does not comply with minimum safety requirements for a passenger elevator. To this end one of the following options is required. A. This elevator must be modified to comply with adopted standazds. B. The elevator must be replaced with one that complies with adopted standards. C. The elevator must be removed and the tloor replaced where the elevator was. Items one and three remain uncorrected and are considered code violations under the Uniform Building Code. Any person having any record title or legal interest in dhis building may appea( from the notice and order or any action of the Building Official to the housing advisory and appea(s boazd, provided the appeal is made in writing as provided by the code, and filed with the Building Official prior to January 8, 1998. Failure to appeal will constitute a waiver of all rights to an abatement hearing and determination of the matter. If any questions arise regazding tlus matter, feel &ee to call me at 235-2853 F'C~ lohn Eckert Chief Building Official ~~~~n• . r~~r I IIVI~L IYV. • JCJJ O(Y 10J1 . lY 1J~CJ Cl . 1 1`~J ~~c ~ w.c..~. Ja.n-09-96 04:03P DEviiEVFAX • 01/a7/1998 is:ya ~O!'L7"L'LOtll SANDRn K. Ttl( MI'SON Arrhlrr, r Iam uy 7, 1998 ML Kevin Smilh 3230 OoJc Stcoa Whut Ridgo, Colorado 80033 Uotr Kevin: Ae psr out coovanation of Deecmber 14, 1997, l an providing the architeetunl srnicec roquirod eo r»ess and propaw m atnannive wlueon w+ u problam rogerding ilie whccl cbair lift at yow new home. [ luve receiYrd a eopy ef dw Ieltrt fi )m lahs EdceR. ChieC Buildiny Otfieial fur the Ciy of Whem Ridge and spoke deo rnth him r getdOtg dtii inattef. 1 heliev¢ Ihe isiue axisra in cwo patm mecheniwl and arahitoctutfl. Tha ntahenieal safary iuae would 6e bctaer rdde9u 1 by lookivtg af the rcquuemenls for ehis pertiailv yps of IiR. 1 aasehed dw wpiu oCehe infam Hion fram the Iift manufrcnver, FlortiR :ef Naov lncsey, includ'mg the iaeer of c.fay fmm« a' wis p.rtieular iiR I spokc with thcm briellr concoming thic issue and t0oy wace con.fidettt n tAtir earnplience co the tocol eades. :However, 1. would recorrunemd Was a loal mocbanical nynaer roview the shop drawingc and ANSVASME 17.1 roquirememc m deoamiae ury Oeficia I rw. /Vr3lueturtlly,l wauld pTOpo+ed the foNowing modi iearionc_ 1. P_nclose drc IiR, tloor w odling, m tha perimch r of the I:tl ac dic basamcnt lerd (Sx aRached). 2. Arovide r cuitahle door u Am base.ubm[ and mAia Ooor le•els Net would hawe n magneeic lxk, uircvited w the maio aonaots fer the liM u :h that is would raquire matc boeh doarc bG KCYiCd pR10[ (O OpC(iBOm Of IAC IIR. 3. ➢tovide an tanergenry aJwm in 0w eurisge of th t liR in the evrnt of an anergenty thrt wouid be tiCd into y0ur honse seauiqr aystan. 4. Piovide a decail a the liR door in the closa tha v)uld dlow it m bc wpporaod odi« than the oxisting Ietlge aopdidoq rninimiang pinch pm uc. ] wou1J auggese that you file tha epped m the CA / of MMen Ridge ac we aontinus to invascasa(e the problam. Plaase do not hesitat to ull ne if yw hwc aiy ftnha quemionc or conaarns. 5ia«r ly, andn korni; YrOjec Mehitect 1326 SOUTH ELM STREET - UENVF,':, COLARAqO - 80222 lHONE: 103.756.2905 ol/oB/ea FR1 15:57 fTX/HX NO 55581 01/14/98 WED 02:59 [TX/RX NO 56391 Jan-A9-9tl-~V4:U'sN utvKtvrwc • tlU~!//i7ytl 1d:tlD aaavicoot ~ / / ~ i IriL w~~w~w3ru ~L30 L6D[ ~ 'V/ 07.109/98 FRI 15:51 I'CX/IiX NO 55381 01/14/98 WED 02:59 [TX/RX NO 56391 BUII.DING CODE ADVISORY BOARD February 19, 1998 The meeting was called to order at 6:30 p.m. on Thursday, February 19, 1998. Boazd members present: Kenneth Adams, William T. Smith, Ralph Santangelo, Leo Anderson and David Whitehead. Absent were Paul Recen and Ross Westover. Staff members present were Chief Building Official 7ohn Eckert and Elevator Inspector Jack Bultman and lris supervisor, Dick Younkin.. Due to the absence of a chairman, the first item of business was to elect a chairman. Leo Anderson nominated William T. Smith, the nominauon was seconded by Ra1ph Santangelo and the vote was unanimous for William T. Smith to be acting chairman for this meeting. Also present during this meeting was Mr. Kevin Smith, architect for Mr. Smith, Acting City Attorney for City of Wheat Ridge, Paul Kennebeck. The subject of the meeting this evening is to hear an appeal by Mr. Kevin Smith on an elevator/handicap lift installed at his residence located at 3230 Oak Street, Wheat Ridge, CO 80033, that was considered to be in violation of Uniform Building Code 1994. (Conzplete set of hearing minutes still remain an tape, however the followrng information/minutes are only a portron pertaining to final decisions of the board) Call back to order by Chairman William T. Smith, the board spoke at length and the situation understood reference the handicap lift. One of the requirements of this elevator/lift would be that there would be an elevator inspection every six months, with proper notification to the residends. If elevator/lift does not pass inspection due to unsatisfactory safety or improper operation, the elevator/lift would be shut down and made inoperable until proper repairs have been made and the elevator/lift reinspected for approvaL The second requirement is that, an extension of Temporary Certificate of Occupancy would be issued for 30 days following the date of this transcription (March 6,1998) contingent on the following conditions to be met. With the 30 days extension, provide a document and working drawings, with architect stamps on how Mr. Smith will proceed making the corrections in accordance with UniFarm Building Code. Along with the submission of that documentation, it has been requuired that legal documentation for the "device removable bond" AND the "hold harmless" ]anguage be included for John Eckert's review and approval, and that must take place within that 30 days. The second part of this motion is that after the 30 day extension and all submissions required are found to be acceptable and approved through the City of Wheat Ridge, Mr. Smith will have an additional 45 days to complete the work as specified in the documentation required on the corrections. Motion was seconded and carried. Another motion requested was the Boazd direct the City Attomey to draft the findings that reflect the Boards decisions this evening. Motion seconded and cazried. There was no other business to be discussed and there was a Motion for meeting adjournment, Motion seconded and carried. Respectfully submitted : Kim Quayle, Secretafy