HomeMy WebLinkAboutOrdinance 2011-1478
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 05 Ordinance No. 1478 Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT RIDGE CODE
OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUILDING CODE ADVISORY BOARD WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by
Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 2 of the Wheat Ridge Code of Laws ("Code") concerning administration,
and including the creation and membership of a Building Code Advisory Board (the" Board"); and WHEREAS, The City Council wishes to permit flexibility in filling vacancies on the Board
within the constraints imposed by the City's Home Rule Charter and Section 2-53 of the Code; and WHEREAS, the City Council wishes to amend the review criteria applied by the Board in
its decision-making process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OF WHEAT RIDGE, COLORADO: Section 1. Section 2-59 of the Wheat Ridge Code of Laws is hereby
amended to read in its entirety as follows: (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials and methods of
construction and to provide for reasonable interpretation of the provisions of the "INTERNATIONAL Uniform Building Code," AS ADOPTED BY SECTION 5-76 OF THIS CODE. (b) The building code
advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conservation in buildings for the city, AND SHALL HAVE SUCH OTHER
DUTIES AS SET FORTH IN THIS CHAPTER. (c) The board shall consist of FIVE (5) members, ONE APPOINTED FROM EACH OF THE FOUR COUNCIL DISTRICTS, AND ONE AT-LARGE MEMBER, ALL OF WHOM SHALL
BE qualified by experience and trained to pass upon matters pertaining to building construction aAEI. THE BOARD shall
have representatives from the following categories as regular members of the board: one (1) licensed engineer; one (1) licensed architect; one (1) builder; and two (2) 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. ALTERNATES MAY BE
APPOINTED TO FILL VACANCIES IN THE REGULAR MEMBERSHIP OF THE BOARD. IN THE EVENT THERE ARE NOT SUFFICIENT QUALIFIED CANDIDATES FROM THE REQUIRED FIELDS TO FILL ANY VACANCY ON THE BOARD,
THE CITY COUNCIL SHALL BE PERMITTED TO APPOINT ANY OTHERWISE QUALIFIED PERSON FROM ONE OF THE OTHER FIELDS TO FILL SUCH VACANCY. A QUORUM SHALL CONSIST OF THREE (3) MEMBERS INCLUDING
ANY ALTERNATE SERVING IN THE ABSENCE OF A REGULAR MEMBER. (d) The board shall have the a\,ltharity ta review AN APPEAL FROM any written final decision of the chief building inspector
\,lllan the written re€l\,lest af the alllliisant within ten (1 Q) aays af the aesisian BY filin€! s\,lsh alllleal with the B\,lilain€! aellartment AT ITS NEXT REGULARLY SCHEDULED MEETING,
BUT NOT EARLIER THAN FIVE (5) DAYS FROM THE DATE OF SUBMISSION OF THE APPEAL. ANY SUCH APPEAL SHALL BE MADE IN WRITING WITHIN TEN (10) DAYS OF THE FINAL WRITTEN DECISION OF THE CHIEF
BUILDING OFFICIAL upon the building division forms designated for such purposes. The board shall not have the authority to recommend decreasing public safety. ar fire resistive stanaaras
set farth in any sity arainanse. INhere sllesifis materials, tylles af sanstr\,lstian ar fire resistive Ilrellerties are re€l\,lirea, s\,lsh re€l\,lirements shall Be the minim\,lm re€l\,lirements,
ana any materials, tYlles ef senstr\,lstien er fire resistive Ilratestien whish will affara an e€l\,lal ar €!reater ae€!ree af safety er resistanse te fire as sllesifiea in sity erainanses
may Be resemmenaea (e) Procedures for hearing of appeals from written decisions of the chief building inspector shall be pursuant to subsection (d) above. In all hearings 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 presented against
him. The building inspection division shall be given the opportunity to present evidence at all hearings. (f) 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 frem written aesisiens ef the shief B\,lilain€! insllester. (g) THE BOARD SHALL
HAVE THE RIGHT TO OVERTURN DECISIONS ON THE BASIS THAT THE DECISION CAUSES UNDUE ECONOMIC HARDSHIP, PROVIDED SUCH DECISION DOES NOT DECREASE THE PUBLIC SAFETY NOR VIOLATE COUNTY, STATE
OR FEDERAL LAW. -2-
Section 2. Severabilitv. Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED
on first reading by a vote of.§... to L on this 14th day of February, 2011, 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 February 28,2011, at 7:00 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 7 to 0, this 28th day of February, 2011. SIGNED by the Mayor on this I {( day of maACh-o , 2011. ATTEST: First Pbt~.olM~~ Second P on: March
10, Wheat Ridge Transcript Effective Date: March 25, 2011 ~ -3-