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HomeMy WebLinkAboutWCA-09-01CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 20 Ordinance No. 1450 Series of 2009 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, BOTH AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING BUILDING PERMIT FEES AND CERTAIN REFERENCED STANDARDS. WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-601, the City of Wheat Ridge (the "City") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31-16-201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ("Council') previously acted to adopt the 2003 International Building Code ("IBC) and the 2003 International Residential Code ("IRC) by reference; and WHEREAS, building permit fees, as set forth in Table 1-A to the IBC, are currently based on the total valuation of project; and WHEREAS, the Council finds that the City and the country are in the midst of a severe economic downturn and that certain home improvement projects may be foregone by homeowners due to the costs of such projects; and WHEREAS, the Council further finds that it is in the public interest to provide some type of economic relief to the citizens of Wheat Ridge and possibly stimulate the economy by effectively lowering certain residential building permit fees related to home improvement projects; and WHEREAS, the IRC, as previously adopted by the City, contains certain appendices, one of which is "Appendix J - Existing Building and Structures"; and WHEREAS, said Appendix J requires a homeowner to bring areas of his or her home that are not being renovated into compliance with all applicable codes when the homeowner performs work in areas exceeding fifty-percent (50%) of the total floor area of the home; and WHEREAS, the Council finds that deleting said Appendix J would also effectively reduce the burden on homeowners who wish to perform home improvement projects, in furtherance of the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Table 1-A of the 2003 International Building Code, as adopted by reference and amended by the City pursuant to Section 5-76 of the Code of Laws, is hereby amended by adding the following rows and columns: The following building permit fees shall be imposed as flat fees and not based upon project valuation. These fees are exclusive of applicable use taxes based on valuation. Fences subject to the provisions of the International Residential Code $ 35.00 Residential furnace/boiler replacement $ 40.00 Residential air conditioning $60.00 Residential water heater replacement $40.00 Backflow device for residential lawn irrigation $40.00 Residential evaporative coolers $40.00 Residential hot tubs and above-ground pools $60.00 Section 2. The amendments to the 2003 International Residential Code adopted by the last section of Section 5-85(b) of the Code of Laws, are hereby amended as follows: Referenced standards to be adopted into 2003 International Residential Code: Appendix A - Sizing and Capacities of Gas Piping Appendix B - Sizing of Venting Systems Serving Appliances Equipped with Drafthoods, Category 1 Appliances, and Appliances listed for Use and Type B Vents Appendix C - Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D - Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix E - Manufactured Housing Used as Dwellings Appendix G - Swimming Pools, Spas and Hot Tubs Appendix H - Patio Covers Appendix i Existing Building and StFUGtUreS Appendix L - ICC International Residential Electrical Provisions/National Electrical Code Cross Reference Minimum Foundation Standards as prescribed by the City of Wheat Ridge Chief Building Official. 2 Section 3. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 3rd day of August, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o this 24th day of August 2009. SIGNED by the Mayor on this 25th day of August 1 2009. ATTEST: Michael Snow, City Clerk First Publication: August 6, 2009 Second Publication: August 27, Wheat Ridge Transcript: Effective Date: September 2009 11, 2009 v i Jer uliio, Mayor Appr s To Form Gerald E. Dahl, City Attorney 3 CITY COUNCIL MINUTES: August 24, 2009 Page -10- 4. Council Bill 21-2009 -An Ordinance amending Section 26-501 of the Wheat Ridge Code of Laws concerning Off-Street Parking Surface Requirements. Mayor DiTullio opened the public hearing. Council Bill 21-2009 was introduced on second reading by Council Member Sang. City Clerk Michael Snow assigned Ordinance No. 1449. Mr. Johnstone presented the staff report. Louise Turner believes this Ordinance needs to have some accommodations for temporary off-street parking for those situations when an event requires the need to park on something other than a driveway. She also believes it's a mistake to encourage more area to be permanently made into hard surface, which can no longer be landscaped in the future. Mrs. Turner asked for clarification as to whether the requirement for the first 25 feet of a driveway be improved on existing non-improved driveways. Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to adopt Council Bill 21-2009 (Ordinance 1449) on second reading and that it take effect August 31, 2009; seconded by Mr. Womble; carried 7-1 with Ms. Berry voting No. 5. Council Bill 20-2009 - An Ordinance adopting Amendments to the 2003 International Building Code and the 2003 International Residential Code, both as previously adopted by Reference, concerning Building Permit Fees and certain referenced standards. Mayor DiTullio opened the public hearing. Council Bill 20-2009 was introduced on second reading by Council Member Stites. City Clerk Michael Snow assigned Ordinance No. 1450. No Staff Presentation was made. Joyce Jay commended the proposal to decrease the building permit fees on smaller projects. Mrs. Jay suggested the building department also consider something of a "fast-track" procedure where plans and permits can be obtained in a short time. She also suggested they offer a means for citizens to get plan guidance and over-the- counter building permitting. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to adopt Council Bill 20-2009 (Ordinance 1450) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8- 0. City of Wheat~Oge ITEM NO REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 24, 2009 S TITLE: COUNCIL BILL NO. 20-2009 - AN ORDINANCE ADOPTING AMENDMENTS TO THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, BOTH AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING BUILDING PERMIT FEES AND CERTAIN REFERENCED STANDARDS ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (08/03/09) ® ORDINANCES FOR 2ND READING (08/24/09) ® NO City Mangy er The proposed ordinance adopts amendments to the previously-adopted 2003 editions of the International Building Code (IBC) and International Residential Code (IRC). The amendments would achieve two things: (1) a reduction in the building permit fees applicable to several small- scale home improvement projects; and (2) the elimination of the current requirement (Appendix .I) that small-scale remodeling and renovation projects require a homeowner to bring other areas of the home (not being worked on) into compliance with all applicable Codes. The intent of both of these amendments is to reduce the burden on homeowners who wish to perform home renovation and remodeling projects. COMMISSION/BOARD RECOMMENDATION: The recently completed Building Division assessment conducted by Colorado Code Consulting recommended in its final report that the existing building permit fee table (Table 1-A of the 2003 International Building Code, or IBC) be modified to create set fees for specified projects to reduce EXECUTIVE SUMMARY: Council Action Item August 24, 2009 Page 2 the overall permit fees for those projects. Colorado Code Consulting also recommended that Appendix J of the International Residential Code not be included for adoption when adopting the 2006 versions of the codes. STATEMENT OF THE ISSUES: The proposed addition to 2003 Table 1-A establishes set permit fees for specific projects as indicated in the attached chart in lieu of permit and plan review fees established through application of the adopted fee schedule, which sets fees based on application of the building valuation data chart. The application of the set fees for the specified projects will result in reduced fees for those projects. Currently, Wheat Ridge Municipal Code Section 5-85 adopts the International Residential Code (IRC) by reference and adopts amendments thereto, including certain "Referenced Standards." One of the Referenced Standards is "Appendix J-Existing Buildings and Structures." Appendix J sets forth criteria for determining the scope of upgrades to residential structures required during remodeling or renovation to achieve compliance with currently adopted codes. Sections of Appendix J require that extensive upgrades be performed to bring existing portions of the residential structure into compliance with current codes despite no work being performed in some of those areas. Deletion of Appendix J from the list of "Referenced Standards" would eliminate the need to upgrade areas of a residential structure in which no work is being performed, and would enact requirements in other portions of the adopted codes that would require that only the work being performed be compliant with currently adopted codes. The net result would be a reduction in the scope of compliance required for residential remodeling and rehabilitation projects. Second Reading Amendments: Staff is recommending some minor changes to the ordinance on second reading including changing "referenced standards" in paragraph seven (7) to "appendices", and changing paragraph eight (8) to read as follows: "WHEREAS, said Appendix J requires a homeowner to bring areas of his or her home that are not being renovated into compliance with all applicable codes when the homeowner performs work in areas exceeding fifty-percent (50%) of the total floor area of the home; and". The changes are recommended to clarify the location of Appendix J within the International Residential Code and to clarify the point at which the requirement for full compliance with all applicable codes is established within Appendix J. ALTERNATIVES CONSIDERED: Maintain currently adopted codes and appendices and delete unwanted appendices from 2006 International Codes at the time of adoption. FINANCIAL IMPACT: Anticipated reduction in permit fee revenues is approximately four percent (4%), $18,000420,000, annually. Council Action Item August 24, 2009 Page 3 "I move to approve Council Bill No. 20-2009, an ordinance adopting amendments to the 2003 International Building Code and the 2003 International Residential Code, both as previously adopted by reference, concerning building permit fees and certain referenced standards, on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 20-2009, an ordinance adopting amendments to the 2003 International Building Code and the 2003 International Residential Code, for the following reason(s) Report Prepared by: John Schumacher, Chief Building Official Gerald E. Dahl, City Attorney Report Reviewed by: Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 20-2009 (First Reading version) 2. Council Bill No. 20-2009 (Second Reading version) 3. Table 1-A of the IBC Ordinance as Introduced at First Reading on August 3, 2009 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 20 Ordinance No. Series of 2009 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, BOTH AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING BUILDING PERMIT FEES AND CERTAIN REFERENCED STANDARDS. WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-601, the City of Wheat Ridge (the "City") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31-16-201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ("Council') previously acted to adopt the 2003 International Building Code ("IBC') and the 2003 International Residential Code ("IRC") by reference; and WHEREAS, building permit fees, as set forth in Table 1-A to the IBC, are currently based on the total valuation of project; and WHEREAS, the Council finds that the City and the country are in the midst of a severe economic downturn and that certain home improvement projects may be foregone by homeowners due to the costs of such projects; and WHEREAS, the Council further finds that it is in the public interest to provide some type of economic relief to the citizens of Wheat Ridge and possibly stimulate the economy by effectively lowering certain residential building permit fees related to home improvement projects; and WHEREAS, the IRC, as previously adopted by the City, contains certain "referenced standards," one of which is "Appendix J - Existing Building and Structures"; and WHEREAS, said Appendix J requires a homeowner to bring areas of his or her home that are not being renovated into compliance with all applicable codes when the homeowner performs a small home renovation; and ATTACHMENT 1 WHEREAS, the Council finds that deleting said Appendix J would also effectively reduce the burden on homeowners who wish to perform home improvement projects, in furtherance of the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Table 1-A of the 2003 International Building Code, as adopted by reference and amended by the City pursuant to Section 5-76 of the Code of Laws, is hereby amended by adding the following rows and columns: The following building permit fees shall be imposed as flat fees and not based upon project valuation. These fees are exclusive of applicable use taxes based on valuation. Fences subject to the provisions of the International Residential Code $ 35.00 Residential furnace/boiler replacement $ 40.00 Residential air conditioning $60.00 Residential water heater replacement $40.00 Backflow device for residential lawn irrigation $40.00 Residential evaporative coolers $40.00 Residential hot tubs and above-ground pools $60.00 Section 2. The amendments to the 2003 International Residential Code adopted by the last section of Section 5-85(b) of the Code of Laws, are hereby amended as follows: Referenced standards to be adopted into 2003 International Residential Code: Appendix A - Sizing and Capacities of Gas Piping Appendix B - Sizing of Venting Systems Serving Appliances Equipped with Drafthoods, Category 1 Appliances, and Appliances listed for Use and Type B Vents Appendix C - Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D - Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix E - Manufactured Housing Used as Dwellings Appendix G - Swimming Pools, Spas and Hot Tubs Appendix H - Patio Covers Appendix L - ICC International Residential Electrical Provisions/National Electrical Code Cross Reference Minimum Foundation Standards as prescribed by the City of Wheat Ridge Chief Building Official. Section 3. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 3rd day of August, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24. 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to, this day of 2009. SIGNED by the Mayor on this day of 12009. ATTEST: Michael Snow, City Clerk First Publication: August 6, 2009 Second Publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney Staff Proposed Second Reading Amended Ordinance Deletions are Stfl6ken and additions are highlighted CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 20 Ordinance No. Series of 2009 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, BOTH AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING BUILDING PERMIT FEES AND CERTAIN REFERENCED STANDARDS. WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-601, the City of Wheat Ridge (the "City") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31-16-201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ("Council') previously acted to adopt the 2003 International Building Code ("IBC') and the 2003 International Residential Code ("IRC") by reference; and WHEREAS, building permit fees, as set forth in Table 1-A to the IBC, are currently based on the total valuation of project; and WHEREAS, the Council finds that the City and the country are in the midst of a severe economic downturn and that certain home improvement projects may be foregone by homeowners due to the costs of such projects; and WHEREAS, the Council further finds that it is in the public interest to provide some type of economic relief to the citizens of Wheat Ridge and possibly stimulate the economy by effectively lowering certain residential building permit fees related to home improvement projects; and WHEREAS, the IRC, as previously adopted by the City, contains certain appendices referenGed stand one of which is "Appendix J - Existing Building and Structures"; and WHEREAS, said Appendix J requires a homeowner to bring areas of his or her home that are not being renovated into compliance with all applicable codes when the homeowner performs a small home renovation work in areas exceeding fifty-percent (50%) of the total floor area of the home; and ATTACHMENT 2 WHEREAS, the Council finds that deleting said Appendix J would also effectively reduce the burden on homeowners who wish to perform home improvement projects, in furtherance of the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Table 1-A of the 2003 International Building Code, as adopted by reference and amended by the City pursuant to Section 5-76 of the Code of Laws, is hereby amended by adding the following rows and columns: The following building permit fees shall be imposed as flat fees and not based upon project valuation. These fees are exclusive of applicable use taxes based on valuation. Fences subject to the provisions of the International Residential Code $ 35.00 Residential furnace/boiler replacement $ 40.00 Residential air conditioning $60.00 Residential water heater replacement $40.00 Backflow device for residential lawn irrigation $40.00 Residential evaporative coolers $40.00 Residential hot tubs and above-ground pools $60.00 Section 2. The amendments to the 2003 International Residential Code adopted by the last section of Section 5-85(b) of the Code of Laws, are hereby amended as follows: Referenced standards to be adopted into 2003 International Residential Code: Appendix A - Sizing and Capacities of Gas Piping Appendix B - Sizing of Venting Systems Serving Appliances Equipped with Drafthoods, Category 1 Appliances, and Appliances listed for Use and Type B Vents Appendix C - Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D - Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix E - Manufactured Housing Used as Dwellings Appendix G - Swimming Pools, Spas and Hot Tubs Appendix H - Patio Covers 2 Appendix L - ICC International Residential Electrical Provisions/National Electrical Code Cross Reference Minimum Foundation Standards as prescribed by the City of Wheat Ridge Chief Building Official. Section 3. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 3rd day of August, 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 24. 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. ATTEST: Michael Snow, City Clerk First Publication: August 6, 2009 Second Publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 3 Total Valuation Fee $1 to $500 $30.55 $501 - $2,000 $30.55 for the first $500 plus $3.97 for each additional $100, or fraction thereof, to and including $2,000. $2,001 - $25,000 $90.10 for the first $2,000 plus $18.20 for each additional $1,000, or fraction thereof, to and including $25,000. $25,001 - $50,000 $508.70 for the first $25,000 plus $13.13 for each additional $1,000, or fraction thereof, to and including $50,000. $50,001 - $100,000 $836.95 for the first $50,000 plus $9.10 for each additional $1,000, or fractions thereof, to and including $100,000. $100,001 -$500,000 $1291.95 for the first $100,000 plus $7.28 for each additional $1,000, or fraction thereof, to and including $500,000. $500,001 -$1,000,000 $4203.95 for the first $500,000 plus $6.18 for each additional $1,000, or fractional thereof, to and including $1,000,000. $1,000,001 and up $7293.95 for the first $1,000,000 plus $4.75 for each additional $1,000, or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours (two hour minimum) $61.00 per hour (1) 2. Re-inspection fees assessed under provisions of Section 305.8----------------------- -$61.00 per hour (1) 3. Inspections for which no fee is specifically indicated (one-half hour minimum) „.$61.00 per hour (1) 4. Additional plan review required by changes, additions or revisions to plans $61.00 per hour (1) (one half hour minimum) 5. For use of outside consultants for plan checking and inspections, or both Actual costs 2 (1) Or the total hourly costs to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee(s) involved. 2 Actual costs including administrative and overhead costs. ATTACHMENT 3 City of " Wheat~dQ-e REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 27, 2009 Cg -O) ITEM NO: TITLE: COUNCIL BILL NO. 20-2009 - AN ORDINANCE ADOPTING AMENDMENTS TO THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, BOTH AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING BUILDING PERMIT FEES AND CERTAIN REFERENCED STANDARDS ❑ PUBLIC HEARING ® ORDINANCES FOR I IT READING (07/27/2009) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (8/10/2009) ❑ RESOLUTIONS q it P7~ ❑ YES ® NO C» of Com nity Deve pment City Mana* EXECUTIVE SUMMARY: The proposed ordinance adopts amendments to the previously-adopted 2003 editions of the International Building Code (IBC) and International Residential Code (IRC). The amendments would achieve two things: (1) a reduction in the building permit fees applicable to several small- scale home improvement projects; and (2) the elimination of the current requirement (Appendix J) that small-scale remodeling and renovation projects require a homeowner to bring other areas of the home (not being worked on) into compliance with all applicable Codes. The intent of both of these amendments is to reduce the burden on homeowners who wish to perform home renovation and remodeling projects. COMMISSION/BOARD RECOMMENDATION: The recently completed Building Division assessment conducted by Colorado Code Consulting recommended in its final report that the existing building permit fee table (Table 1-A of the 2003 International Building Code, or IBC) be modified to create set fees for specified projects to reduce Council Action Item July 27, 2009 Page 2 the overall permit fees for those projects. Colorado Code Consulting also recommended that Appendix J of the International Residential Code not be included for adoption when adopting the 2006 versions of the codes. STATEMENT OF THE ISSUES: The proposed addition to 2003 Table 1-A establishes set permit fees for specific projects as indicated in the attached chart in lieu of permit and plan review fees established through application of the adopted fee schedule, which sets fees based on application of the building valuation data chart. The application of the set fees for the specified projects will result in reduced fees for those projects. Currently, Wheat Ridge Municipal Code Section 5-85 adopts the International Residential Code (IRC) by reference and adopts amendments thereto, including certain "Referenced Standards." One of the Referenced Standards is "Appendix J-Existing Buildings and Structures." Appendix J sets forth criteria for determining the scope of upgrades to residential structures required during remodeling or renovation to achieve compliance with currently adopted codes. Sections of Appendix J require that extensive upgrades be performed to bring existing portions of the residential structure into compliance with current codes despite no work being performed in some of those areas. Deletion of Appendix J from the list of "Referenced Standards" would eliminate the need to upgrade areas of a residential structure in which no work is being performed, and would enact requirements in other portions of the adopted codes that would require that only the work being performed be compliant with currently adopted codes. The net result would be a reduction in the scope of compliance required for residential remodeling and rehabilitation projects. ALTERNATIVES CONSIDERED: Maintain currently adopted codes and appendices and delete unwanted appendices from 2006 International Codes at the time of adoption. FINANCIAL IMPACT: Anticipated reduction in permit fee revenues is approximately four percent (4%), $18,000420,000, annually. RECOMMENDED MOTION: "I move that Council Bill No. 20-2009, an ordinance adopting amendments to the 2003 International Building Code and the 2003 International Residential Code, both as previously adopted by reference, concerning building permit fees and certain referenced standards, on first reading, ordered it published, public hearing set for Monday, August~y 2009 at 7 pm in City Council Chambers, and that it take effect 15 days after final publication." rL'\ Or, Council Action Item July 27, 2009 Page 3 "I move to table indefinitely Council Bill No. 20-2009, an ordinance adopting amendments to the 2003 International Building Code and the 2003 International Residential Code, for the following reason(s) " Report Prepared by: John Schumacher, Chief Building Official Gerald E. Dahl, City Attorney Report Reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Council Bill No. 20-2009 2. Table 1-A ofthe IBC CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20-2009 Ordinance No. Series of 2009 TITLE: AN ORDINANCE ADOPTING AMENDMENTS TO THE 2003 INTERNATIONAL BUILDING CODE AND THE 2003 INTERNATIONAL RESIDENTIAL CODE, BOTH AS PREVIOUSLY ADOPTED BY REFERENCE, CONCERNING BUILDING PERMIT FEES AND CERTAIN REFERENCED STANDARDS WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-601, the City of Wheat Ridge (the "City") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C.R.S. § 31-16-201, et seq., the City possesses the authority to adopt codes promulgated by other agencies by reference; and WHEREAS, in accordance with the above, the City Council ("Council') previously acted to adopt the 2003 International Building Code ("IBC') and the 2003 International Residential Code ("IRC") by reference; and WHEREAS, building permit fees, as set forth in Table 1-A to the IBC, are currently based on the total valuation of project; and WHEREAS, the Council finds that the City and the country are in the midst of a severe economic downturn and that certain home improvement projects may be foregone by homeowners due to the costs of such projects; and WHEREAS, the Council further finds that it is in the public interest to provide some type of economic relief to the citizens of Wheat Ridge and possibly stimulate the economy by effectively lowering certain residential building permit fees related to home improvement projects; and WHEREAS, the IRC, as previously adopted by the City, contains certain "referenced standards," one of which is "Appendix J - Existing Building and Structures"; and WHEREAS, said Appendix J requires a homeowner to bring areas of his or her home that are not being renovated into compliance with all applicable codes when the homeowner performs a small home renovation; and WHEREAS, the Council finds that deleting said Appendix J would also effectively reduce the burden on homeowners who wish to perform home improvement projects, in furtherance of the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Table 1-A of the 2003 International Building Code, as adopted by reference and amended by the City pursuant to Section 5-76 of the Code of Laws, is hereby amended by adding the following rows and columns: The following building permit fees shall be imposed as flat fees and not based upon project valuation. These fees are exclusive of applicable use taxes based on valuation. Fences subject to the provisions of the International Residential Code $ 35.00 Residential furnace/boiler replacement $ 40.00 Residential air conditioning $60.00 Residential water heater replacement $40.00 Backflow device for residential lawn irrigation $40.00 Residential evaporative coolers $40.00 Residential hot tubs and above-ground pools $60.00 Section 2. The amendments to the 2003 International Residential Code adopted by the last section of Section 5-85(b) of the Code of Laws, are hereby amended as follows: Referenced standards to be adopted into 2003 International Residential Code: Appendix A - Sizing and Capacities of Gas Piping Appendix B - Sizing of Venting Systems Serving Appliances Equipped with Drafthoods, Category 1 Appliances, and Appliances listed for Use and Type B Vents Appendix C - Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D - Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix E - Manufactured Housing Used as Dwellings Appendix G - Swimming Pools, Spas and Hot Tubs Appendix H - Patio Covers Appendix I FAsting Building and Struetures `Y Appendix L - ICC International Residential Electrical Provisions/National Electrical Code Cross Reference Minimum Foundation Standards as prescribed by the City of Wheat Ridge Chief Building Official. Section 3. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the day of , 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 10, 2009. at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 2009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: