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HomeMy WebLinkAboutStudy Session Agenda Packet 10-07-19STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO October 7, 2019 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1.Crisis Intervention Team and Case Manager Co-Responder Program 2.Inclusive Public Hearings – People Speak Online Platform 3.2018 Building Code Adoption Update 4.Staff Report(s) 5.Elected Officials’ Report(s) ADJOURNMENT Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Dave Pickett, Interim Chief of Police FROM: Jim Lorentz, Division Chief Patrol Operations Division DATE: October 7, 2019 Study Session SUBJECT: Staff Report: Crisis Intervention Team (CIT) and Case Manager Co-Responder Program ISSUE: The Wheat Ridge Police Department has received funding through a Department of Local Affairs (DOLA) grant to establish a Crisis Intervention Team (CIT) Case Manager Co-responder program. This program consists of behavioral health clinicians that ride on duty with patrol officers to provide services to persons in the community that are experiencing mental health crises or substance use problems. This is a shared program with Jefferson County Sheriff’s Office (JCSO), Jefferson Center, Golden Police Department, and Wheat Ridge Police Department. This grant is administered by JCSO to provide services to the area that includes the northern part of Jefferson County, the City of Golden, and the City of Wheat Ridge. BACKGROUND: Since 2014, the Jefferson County Sheriff’s Office (JCSO) and Jefferson Center, the sole community-based behavioral health and substance use treatment provider serving the county, have collaborated on the Crisis Intervention Team (CIT) Case Manager Co-responder program. This program has been operating in south Jefferson County for the past five years and has been very successful in providing law enforcement direct access to behavioral health management services. CIT Case Management services include: • Case management (referrals, linkages to resources, monitoring, follow up) • Education/training for law enforcement staff • Crisis intervention and de-escalation • Benefits acquisition and transportation assistance • Coordinated care planning with integrated health and wellness programs •Referrals to housing services as appropriate and available •Wellness services • Specialty courts collaboration (Recovery and Wellness Courts) Item No. 1 Staff Report: Crisis Intervention Team (CIT) and Case Manager Co-Responder Program October 7, 2019 Page 2 The referral of individuals to Jefferson Center provides a critical step into the existing system of care. The case managers also extend Jefferson Center’s reach into the community as they work with individuals and families who are not currently receiving services, thereby increasing referrals to community resources and improving access to mental health services. Through the existing CIT Case Manager Co-responder program, individuals with serious mental illness (SMI) have gained increased access to resources. The referrals that law enforcement officers currently make to the case managers represent individuals that would not have received the behavioral health services and community resources that they need to help them live healthy, more fulfilling lives. When screening individuals referred to community-based treatment for services, Jefferson Center clinicians will screen for eligibility for services from other public or commercial health insurance programs, such as Medicare, and facilitate the health insurance application and enrollment process for eligible uninsured clients. The connection to Jefferson Center through the CIT Case Manager Co-responder program also helps to ensure that existing Jefferson Center clients who are contacted by, or referred to the case managers receive better continuity of care; the case managers are able to coordinate with the clients’ existing clinicians, providing them with relevant information that will benefit the clients’ treatment. Furthermore, the partners in this group will utilize their existing partnerships in the community to link in social services, including life skills training, housing placement, vocational training, education and job placement, and health care. Jefferson Center is a housing authority with vouchers for permanent housing. The organization works with other community stakeholders to address affordable, safe, permanent, subsidized housing and to prevent homelessness. Through their continuum of residential programs, transitional housing, and supported/permanent housing, individuals with SMI who have been diverted may be referred community-based housing authorities in the area, such as the Jefferson County Action Center and Colorado Coalition for the Homeless. In 2017, the Wheat Ridge Police Department began working with JCSO, Jefferson Center, and the Golden Police Department to develop and expand this program to a larger service area that includes the north area of Jefferson County, the City of Golden, and the City of Wheat Ridge. This partnership applied for a 2018 grant to fund this program, but were not successful. We applied again in 2019, and learned in August that we were awarded $125,000 for a one year period to employ two mental health clinicians to begin this program. This program will be administered by JCSO, so no actual funds will come to Wheat Ridge. The clinicians will be employees of Jefferson Center. At this time, there is no need for an IGA or MOU. At the conclusion of this grant in September 2020, the partner agencies will discuss continuation of funding the program, divided among the partner agencies. RECOMMENDATIONS: Staff recommends periodic evaluation and update to Council of the progress of this program over the course of the year to determine whether the cost of this program should be continued, among the partner agencies, in the future. Memorandum TO: City Council and Mayor THROUGH: Patrick Goff, City Manager FROM: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director DATE: September 25, 2019 (for the October 7 study session) SUBJECT: Inclusive Public Hearings – People Speak Online Platform In recent years, there has been an increasing public desire for meaningful participation in decision making, particularly related to development approvals and zoning code amendments. City staff are actively preparing an overarching Community Involvement Strategy to reinforce that the Council and staff are committed to a culture of meaningful public participation and community involvement. More inclusive public hearings are a part of that strategy, particularly for development cases and zoning code amendments. In examining the public hearing process, there are obvious reasons why, historically, the public has not been more actively involved: a weeknight in-person meeting with uncertain start and end times is inherently a barrier to participation. For quasi-judicial cases, written comments may be submitted to staff for inclusion in the case file and staff report, but this option does not often satisfy the public’s desire to submit comment directly to decision makers. In response to the increasing desire for meaningful involvement, staff has explored the People Speak platform. People Speak mimics the public hearing process by allowing the public to review staff reports and presentations and by allowing constituents to enter comment into the public record prior to the hearing date. People Speak does not replace the public hearing, it simply augments the existing public noticing period by providing a convenient, online, transparent repository for comment. The City of Lakewood created the platform in partnership with a Boulder-based software development company (www.LakewoodSpeaks.org). They have shared two compelling observations: online participation appears to be more representative of their general population than in-person participation, and 7pm is the least active time for participation (see figures on page 2). Lakewood started using the tool for the Planning Commission in August 2017 and with Council in February 2019; during that time, use of the platform has achieved Lakewood’s goals of increasing engagement and awareness. Item No. 2 Study Session – Inclusive Public Hearings October 7, 2019 Page 2 The purpose of the October 7 study session is to introduce the platform and its primary functions. The balance of this memo describes the functions, benefits, and implications in a question and answer format. Annotated screenshots of Wheat Ridge Speaks, a demonstration platform, are enclosed as attachments. The City of Lakewood Planning Director, Travis Parker, will be in attendance at the study session to share Lakewood’s experience. What is our current practice for sending public notice and receiving comments? Two weeks prior to a public hearing, staff publishes the hearing on the City’s website and in the local newspaper (typically the Wheat Ridge Transcript). For a property-specific land use case, letter notice is mailed to property owners within 300 feet and a sign is posted on the street frontage(s) of the subject property. These are codified noticing requirements. There is no mailing or posting for a zoning code amendment. One week prior to Planning Commission meetings and four days prior to City Council meetings, the staff report is posted online. Leading up to the public hearing, staff receives phone calls, emails, and written comment, although the volume varies by case. Sometimes, comments are sent to decision makers, the City Manager, or the Clerk’s office; and those are forwarded to the case manager to keep in the case file and public record. On the night of the public hearing, staff makes a presentation, summarizes any comment received during the two-week noticing period. At the hearing, the public can testify in person generally for a period of three minutes. How would the Wheat Ridge Speaks platform change our current practice? Wheat Ridge Speaks would be the repository for all information about a case and all advanced public comment. On the Wheat Ridge Speaks platform, the public can learn about upcoming City Council agenda items and can: • Review the staff report and attachments, • Watch the staff’s pre-recorded presentation including slides and audio narration, • Watch the applicant’s pre-recorded presentation (if they have one, this is rare) Online participation in Lakewood appears to be more representative than in-person. Left: In-person participation by age, Middle: Lakewood population by age, Right: Online participation by age This line graph illustrates the time of day that online comments were submitted through Lakewood Speaks in a six-month period. Peak times are 11AM, 3:30PM, and 8:30PM. Zero comments were submitted between 6 and 7:30 PM. So u r c e : C i t y o f L a k e w o o d In-Person Participation Lakewood Population Online Participation 9 AM 12 PM 3 PM 6 PM 9 PM Study Session – Inclusive Public Hearings October 7, 2019 Page 3 • Ask questions of City staff or the applicant (if enabled), and • Submit comments to the City Council for the public record. While audio is pre-recorded for the purpose of posting online, the in-person hearing will still include a live presentation utilizing the same script and also summarizing any public comment received during the online comment period. How does the Wheat Ridge Speaks platform mimic the current public hearing practice? The software has been designed to augment the public noticing period and strictly mimic the public hearing process. This means: • Staff prepares the typical letter and sign notice with the simple addition of the Wheat Ridge Speaks web address. • The public can ask questions of staff through the platform as they currently can in person, via email, or over the phone. • The public cannot engage with decision makers in any way through the platform—public comments are one-way, protecting decision makers from ex-parte contact. • Public comment through the platform is limited to 1,000 words, a limit which coincides with how much can typically be read in three minutes. • Everyone can see and read the public comments, but comments aren’t published as a thread. This is similar to in-person testimony in which people don’t dialogue with each other. • Commenters submit their full name and address, similar to what they are asked to provide when testifying in person. For the sake of privacy, the public view includes only the commenter’s name; the decision maker’s view includes the name and address. • The in-person staff presentation will present a summary of public comment received through Wheat Ridge Speaks, in the same way staff summarizes any public comment or new information. What changes for staff? For staff, there is little change in what we produce, simply when we complete certain tasks and how we make materials publicly available: • Staff reports will be prepared about a week earlier than usual and posted to this platform in addition to the website. • Presentations will be prepared in advance of the hearing and audio will need to be prerecorded. • Public notice letters and public posting signs will be updated to direct the public to the Wheat Ridge Speaks website for more information on a case and to comment. • Tracking and archiving of public comment is improved and streamlined thanks to the platform repository. What changes for the public? For the public, there is no change to current practice, there is simply an additional option for involvement: • Wheat Ridge Speaks provides the additional option of being able to review application Study Session – Inclusive Public Hearings October 7, 2019 Page 4 materials online in advance of the hearing and provides the option of being able to comment online directly into the public record for decision makers to view. • The platform also provides an option for asking questions of staff, and if enabled, of the applicant. • Individuals can subscribe to a project in order to get notification of the outcome. What changes for the applicant? There are minimal changes for the applicant: • If they wish to provide a presentation, it will need to be prepared and provided two weeks in advance of the hearing date. • Application materials, such as site plans and subdivision plats will need to be finalized one week earlier than they currently are in order to be published online with the staff report. What changes for decision makers? For decision makers, the only change is the need to review online comments as part of their meeting preparation routine: • Decision makers can review comments in an on-going basis throughout the two-week period in advance of a hearing. • The cutoff time for online comments can be customized in order to allow decision makers sufficient time to review comments as part of their meeting preparation ritual. The system sends two automated reminder emails—one when the online comment period closes and a second to decision makers who have unread comments. • Decision makers can ask questions of staff through the platform. Questions from decision makers to staff is always allowed and encouraged and is not considered ex-parte contact. • Decision makers would review the staff report as they typically do in advance of a meeting. • Decision makers would not need to review the presentation(s) posted on Wheat Ridge Speaks since the same presentation(s) would be made at the in-person public hearing. Staff will provide login accounts and training during the implementation and during on-boarding of new council and commission members. Staff would be available for technical support on an ongoing basis. What are the benefits of using the Wheat Ridge Speaks platform? • The platform can increase engagement and expand awareness. • The platform can make public hearings more inclusive by allowing a new, flexible way for the public to participate at their convenience. • Wheat Ridge Speaks functions on desktop, tablet, and mobile devices. • It becomes easier to track public comment and archive it in the public record by receiving comment into a single consolidated receptacle. This significantly improves the current situation in which disparate emails and letters are currently sent to a variety of recipients and not always to the case manager. • Having the platform reduces the potential for ex-parte contact by allowing decision Study Session – Inclusive Public Hearings October 7, 2019 Page 5 makers to direct the public to the site and by providing a comment repository. • The platform publicly and visibly tracks how many decision makers have viewed each comment which promotes transparency and assures the public their comments have been received. • As evidenced by Lakewood’s experience, the platform may increase participation and may result in more representative participation. • Wheat Ridge Speaks provides the public a formal online platform for commenting and a format with which they are already familiar. Residents are already discussing developments and code amendments online via Facebook and Nextdoor, but in the case of quasi-judicial cases, those comments are not and cannot be read by decision makers. Is this legal? Yes. The platform has been designed to mimic the existing public hearing and public noticing period. It does not replace the public hearing. It does not allow ex-parte or one-on-one communication with decision makers. It arguably reduces the chances of ex-parte contact by providing a repository for public comment and an assurance that comment will be reviewed by decision makers. All questions and comments can be easily saved and exported for archiving into the case file in compliance with record retention policies. Comments submitted through Wheat Ridge Speaks would be available under open records law like any other comment submitted for the case. The City Attorney has been familiarized with the platform and has discussed implementation with the City of Lakewood staff and counsel. What does it cost? The platform is available as a monthly subscription based on the City’s population and number of boards. Assuming only Planning Commission and City Council use the platform, the cost would be $1,600 per month or $19,200 for the year. This subscription as well as a microphone for prerecording staff presentations have been included in the 2020 budget. What next? The purpose of this study session is to gauge Council support for using the platform. No formal action from Council is required as the subscription service is included in the 2020 budget. Planning Commission is reviewing the platform at a study session on October 3, and their feedback will be shared with Council on October 7. If there is support to utilize the Wheat Ridge Speaks platform, staff is proposing to utilize it only for agenda items originating in the Planning Division of the Community Development Department, such as land use cases and amendments to the zoning code (Chapter 26). It is possible to utilize it for all public hearing items, but would require additional training across other departments and adoption of the platform as the City’s agenda management tool. Staff would recommend that public comment for agenda items be open about 10 days in advance of a scheduled meeting. For City Council, staff recommends the comment cutoff be at noon on the Sunday before a Monday night meeting. Study Session – Inclusive Public Hearings October 7, 2019 Page 6 If direction is received to move forward, staff will develop an implementation schedule and contact Councilmembers to schedule training on the platform. ATTACHMENTS: 1. Wheat Ridge Speaks annotated screenshots A. Wheat Ridge Speaks – Homepage Upcoming meetings are listed at the top of the page. The blue oval callout icon denotes that the comment period is open. Recent meetings are listed below and icons are used to show approved and denied cases. An archive links provides past meetings. This example only shows Planning Commission meetings. ATTACHMENT 1 B. Wheat Ridge Speaks – Agenda Item, Public View This single page includes all items for this case: a summary, link to a pdf vicinity map, link to Google maps, link to the City’s website with in-person meeting information, presentation, staff report, description of decision making criteria, and opportunity to subscribe to updates. Comments may be viewed or submitted at the bottom. Comments or questions may also be submitted through the tabs above. C. Wheat Ridge Speaks – Public Comment Field, Public View By clicking the “Comment to…” tab, the public can submit a comment on a case. There is no account or login required. The commenter enters name, email, and address. Comments are limited to 1000 words to correspond with the in-person 3 minute limit. (For a City Council agenda item, the blue tab would say “Comment to City Council.”) D. Wheat Ridge Speaks – Public Comment Field – Public v Decision Maker View In this PUBLIC VIEW, the public can see all comments submitted to date. The due date/time for comments is clearly noted. When the comment period closes, comments remain visible to the public. In the public view, only a commenter’s name is visible. Each comment indicates how many decision makers have viewed the comment. In this DECISION MAKER’S VIEW, comments are sorted as read or unread. When a decision maker logs in and views the page for an agenda item, the system automatically tracks views of comments and will mark them as read. This view differs from the public view by also including the commenter’s address. E.Wheat Ridge Speaks – Decision Maker Dashboard In the decision maker view, all agenda items for an upcoming meeting are visible with a summary of read/unread comments. The system will automatically generate only two emails: one when the comment period closes, and a second as a reminder email if comments remain unread. Memorandum TO: Mayor and City Council FROM: Randy Slusser, Building Official THROUGH: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager DATE: September 27, 2019 (for October 7 study session) SUBJECT: 2018 Building Code Adoption Update ISSUE: Staff proposes a draft ordinance designed to facilitate the adoption of the 2018 version of the International Building Codes, the 2018 version of National Fire Protection Association (NFPA) 99 Standard for Health Care Facilities, and the current version of the National Electrical Code (currently 2017) as adopted by the State of Colorado. PRIOR ACTION: Historically the City has adopted a newer version of International Building Codes about every 6 years. The last building code update was in 2014. The City currently enforces the 2012 International Codes, the 2015 version of NFPA 99, and the 2017 National Electrical Code. FINANCIAL IMPACT: Minimal. Services of the city attorney will be required to draft the ordinance and copies of the new versions of the building codes will need to be purchased, which has been budgeted for in 2020. BACKGROUND: Since the last study session on May 6, staff met with the Building Code Advisory Board on a monthly basis and on August 8 met with local developers who have current construction projects within the City to discuss the amendments that will most likely affect their projects. Staff also hosted a community meeting on August 14 with local contractors and the public to discuss the code adoption process and proposed local amendments. Notice of that meeting was published on the City’s website and e-mailed to all licensed contractors in the City. The Building Codes and appendices proposed to be adopted are as follows: •2018 International Building Code o Appendix E: Supplementary Accessibility Requirements o Appendix I: Patio Covers •2018 International Residential Code o Appendix A (IFGS): Sizing and Capacities of Gas Piping Item No. 3 Study Session – 2018 Building Code Update October 7, 2019 Page 2 o Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents o Appendix C (IFGS): Exit Terminals of Mechanical Draft and Direct-vent Venting Systems o Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation o Appendix F: Radon Control Methods (NEW) o Appendix H: Patio Covers o Appendix J: Existing Buildings and Structures (NEW) o Appendix Q: Tiny Houses (NEW) o Appendix T: Solar-Ready Provisions – Detached One-and Two Family Dwellings and Townhouses. (NEW) • 2018 International Fire Code o Appendix D: Access and Loading (NEW) • 2018 International Mechanical Code • 2018 International Plumbing Code • 2018 International Fuel and Gas Code o Appendix A: Sizing and Capacities of Gas Piping o Appendix B: Sizing and Venting Systems o Appendix C: Terminals of Mechanical Draft and Direct-Venting Systems o Appendix D: Recommended Procedures for Safety Inspection of an Existing Appliance Installation • 2017 International Electrical Code • 2018 International Energy Conservation Code o Appendix CA: Solar-Ready Zone – Commercial (NEW) o Appendix RA: Solar-Ready Provisions – Detached one and two-family dwellings and townhouses. (NEW) • 2018 International Property Maintenance Code • 2018 International Existing Building Code (NEW) • 2018 International Swimming Pool and Spa Code (NEW) • 1997 Uniform Code for Abatement of Dangerous Buildings • National Fire Protection Association (NFPA) 99 Standard for Health Care Facilities – 2018 Edition A majority of the previous adopted local amendments from the 2014 code adoption process are to remain in place. Listed below are the more significant changes proposed with this new building code adoption process. - International Building Code Modifications • Adding language to administrative section 109.3 for project valuation calculated by the Building Division to be based on most recent building division valuation table as published by the International Code Council (ICC). This language will keep permit fees more consistent with current construction costs. • Removing the language for Lumber Sheathing in Section 202 Definitions, that allowed any gaps less than ½ inch to be considered solid sheathing. Study Session – 2018 Building Code Update October 7, 2019 Page 3 Most manufacturers of asphalt shingle roofing products have more restrictive requirements for spaced decking, as close as ¼ maximum spacing. This change will be in line with the prescriptive code that requires solid sheathing for decking. • Modifying section 303.1.4 for Accessory to places of worship to allow overnight homeless sheltering on a temporary basis for under 50 occupants. This modification is suggested by the Homelessness Advocacy Community and has been coordinated with the Fire Districts to allow existing churches to house homeless persons for limited time periods. This would provide a higher degree of safety when these shelters are being occupied, allowing the Fire District to ensure certain safety measures are in place. • Added Section 419 Live Work Units back into adopted code. This section was previously deleted from the last code adoption. With adding this back into the code, this section allows certain types of commercial occupancies that adhere to the requirements exist in the same building as a residential occupancy without fire separation requirements normally required by the code. This section will facilitate “live/work” housing concepts such as is anticipated for the Toll Brothers townhomes that will line Ridge Road on the former Jolly Rancher property at the G-Line Station. • Revising language from last code adoption to redefine the occupancy classification for businesses that perform combustible and non-combustible extraction processes as an F-1, Moderate Hazard, unless specific quantities of materials are exceeded. This change was suggested by local businesses from the hemp and marijuana extraction industry and will allow them to utilize other methods of extraction than water based as previously adopted. When the more restrictive standards were included in the previous code adoption process, the marijuana extraction industry was much more in its infancy. As the industry has matured and technologies have been advanced and standardized, staff has more confidence to treat this industry in the same manner as we would other industries that involve combustible processes. - International Residential Code Modifications • Adding language to the administrative section R108.3 for project valuation calculated by the Building Division to be based on most recent building division valuation table published by the International Code Council (ICC). This language will keep permit fees more consistent with current construction costs. Study Session – 2018 Building Code Update October 7, 2019 Page 4 • Exempting residential decks that are not over 120 square feet in area, that are not more than 30” above grade, are not attached to a dwelling unit and do not serve the required exit door form permits. This section was removed from the previous adoption. Since these types of decks do not have many safety concerns, and it is in the 2018 IRC as being exempt from permits, this is being added back in as an exemption. • Exempting residential lawn sprinklers from permits. Except for permitting the back flow prevention devices on irrigation systems, which is work that under State law must be done by a licensed plumber. Staff does not feel licensing and permitting the systems down stream of such back flow devices is required or that it necessarily adds value to the consumer to have those installers licensed. • Requiring automatic Fire Sprinkler Systems in residential town homes. These types of homes are typically built with multiple units attached to each other, typically seeing 4 to 5 town home units in one building. The design of such units are typically 2 to 3 stories in height with smaller floor areas than detached single family dwellings, which in most cases would require the occupants to travel through the potential source of the fire (typically kitchens) to exit the structure. Having a fire sprinkler system installed will allow more time for the occupants to exit in case of a fire. • Removing the language for Lumber Sheathing in section R803.1 that allowed any gaps less than ½ inch to be considered solid sheathing. Most manufacturers of asphalt shingle roofing products have more restrictive requirements for spaced decking, as close as ¼ maximum spacing. This change will be in line with the prescriptive code language that requires solid sheathing decking. • Adopting Appendix F for Radon Control Methods. It is estimated that every year in the U.S that over 20,000 people die of lung cancer caused by radon. Due to the geology of Colorado, homes have higher levels of radon than the national average. With adoption of this appendix, this will require at minimum a passive ventilation system installed in new residential homes to help minimize the dangers. • Adopting Appendix J for Existing Buildings and Structures. With a lot of older homes in the City, it is challenging to meet the newer code requirements when renovations or remodeling of these existing homes occur. With Study Session – 2018 Building Code Update October 7, 2019 Page 5 the adoption of this appendix, certain building elements, such as stairs, egress windows, and ceiling heights are allowed to remain and not have to comply with the most current code requirements, as long as the safety is not decreased. Adopting this code section aligns well with the recommendation of the 2019 NRS, which encourages the City to seek ways to make it easier to retrofit existing older homes and businesses. • Adopting Appendix Q in the IRC for Tiny Houses. This appendix is new to the building codes, first appearing in 2018. It will relax various requirements in the body of the code as they apply to houses that are 400 square feet in area or less, specifically to stair configuration, handrails, ceiling headroom and emergency escape and rescue openings. While Tiny Houses have not specifically been proposed to date in Wheat Ridge, staff has certainly had inquiries. Developing Tiny Houses in Wheat Ridge likely faces other challenges, such as water and sewer tap fees, minimum lot sizes, the fact that we do not allow accessory dwelling units, etc. However, adopting this appendix is simply a first step in making room for them, should a project be proposed, possibly as a Planned Residential Development, subject to City Council review and approval. • Adopting Appendix T in the IRC for Solar-Ready Provisions. As of one of the recommendations by the Sustainably Committee, adopting this appendix will require that new residential construction plan for future solar installations by providing pathways and requiring structural capacity of roof systems to support solar systems. - International Fire Code Modifications: Proposed by the local Fire Districts. • Modifying the definition in Chapter 2 under occupancy classification for Assembly Group A for Accessory to places of worship to allow overnight homeless sheltering on a temporary basis for under 50 occupants. This would provide some level of safety when these shelters are being occupied, allowing the Fire District to ensure certain safety measures are in place. Wheat Ridge staff supports this amendment, which was proposed by the Homelessness Advocacy Community, working with local Fire Districts. • Addition to Appendix D of the Fire Code to not allow underground water detention systems under fire apparatus access drives unless certain criteria can be met, including engineering certifications for the installation, to be valid for the life span of the building. Study Session – 2018 Building Code Update October 7, 2019 Page 6 Staff does not support the specific language of this addition to the Fire Code; however, in response to the intent of the concern and based on research of other local jurisdictions, we are amending our administratively adopted stormwater detention regulations. Staff has amended those regulations to comply with a nationally recognized American Association of State Highway Transportation Officials (AASHTO) structural loading requirement known as HS20, as well as the anticipated lifetime AASHTO 18,000 lb. equivalent single axle loads (ESALs). These standards are also enforced by several other Denver Metro jurisdictions in relation to underground detention systems. Much of the new development in Wheat Ridge is infill development, requiring the most efficient use of land and making underground detention systems necessary with sites of limited land area. Many recently built developments in Wheat Ridge have these types of detention systems under structures or site circulation facilities. Wheat Ridge Corners (Lucky’s, etc.), West End 38, Town Center North Phase II, Rocky Mt. Assisted Living, and a pending mixed use project along 38th Avenue all include significant underground detention facilities under drive aisles, fire access drives, and even under a parking structure. There are also many existing systems under City streets in place today, such as sewer pipes, water pipes, storm drainage pipes and other structures, electrical and other dry utility conduits that have not failed and have held up to loading by fire apparatuses. Across the metro area, underground detention is a standard best practice and as a matter of standard practice, City Staff requires engineering certifications initially during the plan review and design process and then ultimately through certifications provided through required inspections. Staff has provided the draft language to the local civil engineering community for comment. The feedback we have received is that the language drafted by the Fire Districts, while well intentioned, is not language that an engineer would be able to put their stamps on. We have attached one such e-mail as a point of reference, which is from the engineer of record on the West End 38 project nearing completion at 38th and Upham. If an engineer can certify it meets the loading requirements of 85,000 lbs., staff does not agree that these detention systems should be singled out and have additional requirements placed on them. It is also important to note that the following section of the Fire Code that is proposed to be adopted, already, as a general matter, requires that all fire access drives including those over the top of (any) underground facilities be designed to support the 85,000 lb. load. D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 85,000 pounds (38636 kg). Study Session – 2018 Building Code Update October 7, 2019 Page 7 - International Energy Conversation Code Modifications • Adopting Appendix CA and RA in the Energy Code for future solar energy installations - National Electrical Code Modifications • Adding language for automatic adoption of National Electrical Code as adopted by the State of Colorado every three years - Existing Building Code and Swimming Pool and Spa Code • The proposed ordinance also includes adoption of the 2018 versions of the Existing Building Code and Swimming Pool and Spa Code, which was eliminated from the newer versions of the Building and Residential Code due to redundancy. RECOMMENDATION: After multiple meetings with the Building Code Advisory Board, staff has unanimous support for all the proposed amendments. When we met with local developers, the following comments were expressed: • Concerns of added costs for Residential Fire Sprinkler systems. • Minimal concern with cost of adding Radon systems being required for new construction with basements. • Solar ready provisions having challenges for town home construction. The concerns were three-fold: 1) association covenants may prohibit solar installations; 2) many units will not be oriented in a manner that practically allows for successful solar panels; and 3) concern that a future solar installer may not want to rely on conduits provided by the original contractor, if they even know that they are there. Staff and the Building Code Advisory Board are in agreement, while understanding the concerns of the local developers, that these code requirements should be able to be met without too much difficulty, and are not recommending changing any of the code language. Staff is recommending council approve the proposed amendments as written and move forward with adopting the 2018 Building Codes proposed. PROPOSED NEXT STEPS: With Council’s support, staff will coordinate with City Attorney’s office to prepare the draft ordinance to adopt the 2017 and 2018 Codes by reference for the first reading on November 25th, and second reading and public hearing on December 9. Staff’s goal is to have the adoption of the codes by January 1, 2020, with enforcing of the newly adopted codes starting July 1, 2020. Study Session – 2018 Building Code Update October 7, 2019 Page 8 ATTACHMENTS: 1. Proposed Local Amendments to the 2018 International Building Codes 2. Draft language from Fire Protection Districts regarding underground storm water detention 3. Residential Sprinkler Proposal and Justification from Arvada Fire District 4. HBA of Metro Denver comments on 2018 International Residential Codes 5. E-mail from Dennis Sobieski, engineer of record on the West End 38 project 1 Proposed Local Amendments to the 2018 International Codes Building Code. (a) Adoption. The International Building Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the building construction code of the City of Wheat Ridge. One (1) copy of said International Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and appendices contained herein. (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Building Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Building Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.1.1 Annual permit. Delete entire section. 105.1.2 Annual permit records. Delete entire section. 105.2 Work exempt from permit. Amend to read in its entirety: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet. 2. Fences not over 6 feet high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons and the ratio of height to diameter of width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, carpeting, cabinets and countertops and similar finish work that is not a part of the scope of a larger permittable project. 8. Prefabricated swimming pools that are less than 24 inches in depth, not greater than 5,000 gallons and are installed entirely above ground. ATTACHMENT 1 2 9. Shade cloth structures under 400 square feet constructed for nursery or agricultural purposes, not including service systems. 10. Swings and other playground equipment accessory to detached one- and two-family dwellings. 11. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 12. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 13. Hoop houses as defined in Section 3102.2 that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmission, but do apply to equipment and wiring for a power supply and the installation of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing and servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter the approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it 3 becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 105.5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 107.1 General. Amend to read in its entirety: 107.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. 107.3.1 Approval of construction documents. Amend to read in its entirety: 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections - Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 109.2 Schedule of permit fees. Amend to read in its entirety: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 109.3 Building permit valuations. Amend to read in its entirety: 109.3 Building permit valuations. The applicant for a permit shall provide an estimated 4 project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and non-structural building components, electrical, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on the most recent building valuation data (BVD) promulgated and published by the International Code Council (ICC). The higher of the applicant stated valuation and the building division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 109.6 Refunds. Amend to read in its entirety: 109.6 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 113 Board of Appeals. Amend to read in its entirety: 113 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 114.4 Violation penalties. Amend to read in its entirety: 114.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 115.2 Issuance. Delete entire section. 5 115.3 Unlawful continuance. Rename and amend in its entirety: 115.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 303.1.4 Accessory to places of religious worship, Amend to read in its entirety. 303.1.4 Accessory to places of religious worship. 1. Accessory religious educational rooms and religious auditoriums with occupant loads of less than 100 per room or space are not considered separate occupancies. 2. Rooms and spaces within places of religious worship providing overnight homeless sheltering for fewer than 50 occupants, for less than 16 continuous hours, shall be classified as part of the primary occupancy provided the aggregate area used for sleeping is less than 10,000 square feet and has all of the following: a) exiting and emergency lighting b) operational smoke alarms and carbon monoxide alarms in all sleeping areas c) a minimum of one awake attendant d) an emergency plan. An operational permit and an approved emergency plan for such use may be required on an annual basis through the governing Fire Code Official subject to review of compliance with these provisions. 306.2 Moderate-hazard factory industrial, Group F-1. Amend the paragraph to read: Moderate-hazard factory industrial, Group F-1. Factory industrial uses that are not classified as Factory Industrial F-2 Low hazard shall be classified as F-1 Moderate Hazard, to include occupancies involving combustible and non-combustible extraction methods, and shall include, but not limited to, the following: 306.2 Moderate-hazard factory industrial, Group F-1. Add the following uses to this section: Marijuana cultivation Marijuana products containing hash oil 308.2 Institutional Group I-1. Amend to read in in its entirety: 308.2 Institutional Group I-1. Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as a Condition 2 unless approved by the 6 building and fire code official as a Condition 1. This group shall include, but not be limited to the following: 309.1 Mercantile Group M. Add the following use to this section: Sale of marijuana, products containing marijuana and hash oil, and devices for use in the consumption of marijuana 310.5 Residential Group R-4. Amend to read in its entirety: 310.5 Residential Group R-4. Residential Group R-4 shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and received custodial care. Buildings of Group R-4 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: 420.4 Automatic sprinkler system. Amend the paragraph to read: 420.4 Automatic sprinkler system. Group R occupancies, with the exception of one and two family dwellings, shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.8. Group I-1 occupancies shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.2.6. Quick response or residential automatic sprinklers shall be installed in accordance with Section 903.3.2. 903.2.8.1 Group R-3. Amend to read in its entirety: 903.2.8.1 Group R-3. An automatic sprinkler system shall be installed in group R-3 occupancies, with the exception of one and two single family dwellings. 1101.2 Design. Amend to read in its entirety: 1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1-2009 Edition. 1209.2 Attic spaces. Amend to read in its entirety: 1209.2 Attic spaces. An opening not less than 20 inches by 30 inches shall be provided to any attic area having a clear height of over 30 inches. A 30-inch minimum clear headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. 1507.2.7 Attachment. Amend to read in its entirety: 1507.2.7 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM D 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161, Class F. 7 1507.2.8.2 Ice barrier. Amend to read in its entirety: 1507.2.8.2 Ice barrier. Ice barrier complying with ASTM D1970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area. 1607.12 Loads. Amend to read in its entirety: 1607.12 Roof loads. The structural supports of roofs and marquees shall be designed to resist wind and, where applicable, snow and earthquake loads, in addition to the dead load of construction and the appropriate live loads as prescribed in this section, or as set forth in Table 1607.1. The live loads acting on a sloping surface shall be assumed to act vertically on the horizontal projection of that surface. For Hoop Houses as defined in Section 3102.2, the minimum live load for roofs shall be 5 PSF for coverings and 20 PSF for structural components. 1609.1 Application. Amend to read in its entirety: 1609.1 Application. Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads prescribed herein. Decreases in wind loads shall not be made for the effect of shielding by other structures. Exception: Hoop Houses as defined in Section 3102.2 shall be designed to provide resistance to a minimum wind speed of 70 miles per hour. 1808.1 General. Amend to read in its entirety: 1808.1 General. Footings shall be designed and constructed in accordance with Sections 1805.1 through 1805.9. Footings and foundations shall be built on undisturbed soil, compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.5. CLSM shall be placed in accordance with 1803.6. All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado. Submitted plans for these systems shall be wet-stamped and signed by the engineer of record at the time of permit application. The top surface of footings shall be level. The bottom surface of footings is permitted to have a slope not exceeding one unit vertical in 10 units horizontal (10 percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than the one unit vertical in 10 units horizontal (10 percent slope). 3001.2 Referenced Standards. Amend to read in its entirety: 3001.2 Referenced Standards. Except as otherwise provided for in this Code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to ASME A90.1, ASME B20.1, ALCTV, and ASCE 24 for construction in flood hazard areas established in section 8 1612.3 of this code. The design, construction installation, alteration, repair and maintenance of elevators and conveying systems shall also conform to ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 and ASME QE-1 and all other standards referenced in Section 2-6-1(1) of the Colorado Department of Labor and Employment, Division of Public Safety Conveyance Regulations, 7 Colo. Code Regs. 1101-8, as now and hereafter amended (the "OPS Regulations"). 3102.2 Definitions. Add the following language to Section 3102.2: HOOP HOUSE. A structure not exceeding 1,000 square feet in floor area with a maximum six mils thick poly film roof and wall covering installed over rounded structural members in which there is no storage of solvents, fertilizers, gases or other chemicals or flammable materials. Structures not complying with all of the specifics set forth in the definition above shall be defined in accordance with adopted code and standard practice. Hoop houses exceeding 1,000 square feet in size shall be defined as greenhouses for the purpose of determining applicability of adopted codes and regulations. 3102.3 Type of construction. Amend to read in its entirety: 3102.3 Type of construction. Noncombustible membrane structures shall be classified as Type IIB construction. Noncombustible frame or cable-supported structures covered by and approved membrane in accordance with Section 3012.3.1 shall be classified as Type IIB construction. Heavy timber frame-supported structures covered by an approved membrane in accordance with Section 3102.3.1 shall be classified as Type IV construction. Other membrane structures, and hoop houses as defined in Section 3102.2, shall be classified as Type V construction. Exception: Plastic less than 30 feet above any floor used in hoop houses as defined in Section 3102.2 and greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3102.3.1 Membrane and interior liner. Amend to read in its entirety: 3102.3.1 Membrane and interior liner material. Membrane and interior liners shall be either noncombustible as set forth in Section 703.4 or meet the fire propagation performance criteria of NFPA 701 and the manufacturer's test protocol. Exception: Plastic less than 20 mil in thickness used in hoop houses as defined in Section 3102.2 and in greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire propagation performance criteria of NFPA 701. 3102.4 Allowable floor areas. Amend to read in its entirety: 3102.4 Allowable floor areas. The area of a membrane structure shall not exceed the limitations set forth in Table 503, except as provided in Section 506. The floor area of 9 Hoop Houses as defined in Section 3102.2 shall not exceed 1,000 square feet. 3102.5 Maximum height. Amend to read in its entirety: 3102.5 Maximum height. Membrane structures shall not exceed one story nor shall such structures exceed the height limitations in feet set forth in Table 503. Hoop houses as defined in Section 3102.2 shall not exceed applicable heights as determined by regulations set forth in Municipal Code Sections 26-205, 26-214, and 26-625. Exception: Noncombustible membrane structures serving as roofs only. 3102.6.1 Noncombustible membrane. Amend to read in its entirety: Section 3102.6.1 Noncombustible membrane. A noncombustible membrane shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided it is at least 20 feet above any floor, balcony or gallery. A noncombustible poly film not exceeding 6 millimeters in thickness shall be permitted to be used as the roof and wall covering for structures defined as Hoop Houses in Section 3102.2, regardless of height. Only the following appendices are adopted: Appendix E: Supplementary Accessibility Requirements. Appendix E is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code or referenced documents for accessibility requirements. Appendix I: Patio Covers. Appendix I is adopted in its entirety to set forth requirements not otherwise covered in other areas of the code for Patio Covers. 10 Fire Code. (a) Adoption. The International Fire Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fire code of the City of Wheat Ridge. One copy of said International Fire Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. Only Appendices B, C, D, F, H, I, K, L and M, published by the International Code Council are hereby adopted by reference. The 2012 International Fire Code shall be known as the “I.F.C.” or the “fire code” and may be cited and referred to as such. (b) Amendments. The International Fire Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2012 International Fire Code. 103.4.1 Legal Defense. Amend to read in its entirety: 103.4.1 Legal Defense. Any suit instituted against any officer or employee of any fire protection district or any officer or employee of the City of Wheat Ridge because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the fire protection district or City by which he or she is employed by the legal representative of the fire protection district or City by which he or she is employed until the final termination of the proceedings. The fire code official, city officer or employee or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer or employee of the department of fire prevention or the City, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or reason of any acts or omission in the performance of official duties in connection therewith. 105.6.51 Assisted Living Facilities is added as follows: 105.6.51 Assisted living facilities. An operational permit is required to operate an assisted living facility. 105.6.52 Door Side Trash Collection is added as follows: 105.6.52 Door Side Trash Collection. An operational permit is required to operate door side trach collection in R-2 occupancies. 105.6.53 Sheltering in A and E Occupancies is added as follows: 105.6.53 Sheltering in A and E occupancies. An operational permit is required to operate sheltering in A and E occupancies for one night or more. 11 108 Board of Appeals is amended as follows: 108.1 Board of appeals established. Appeals of decisions and determinations made by the Building Official or the fire code official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. 108.2 Limitations on authority. Is unchanged and adopted as written. 108.3 Qualifications. Is deleted in its entirety. 109.4 Violation penalties. Amend to read in its entirety: 109.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The denial, suspension, revocation, or restriction of any permit or other privilege conferred by this code shall not be regarded as a penalty for purposes of this chapter. 111.1 Order is amended as follows: 111.1 Order. Whenever the building code official or fire code official finds any work regulated by this Code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building code official or fire code official, with the concurrence of the other code official, is authorized to issue a stop work order. 111.4 Failure to comply is amended as follows: 111.4 Failure to comply. Upon notice from the fire code official, work that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1000 dollars. Chapter 2 is amended as follow: 12 Occupancy Classification, Assembly Group A: Amend: Accessory with places of religious worship to read as follows: 1. Accessory religious educational rooms and religious auditoriums with occupant loads of less than 100 per room or space are not considered separate occupancies. 2. Rooms and spaces within places of religious worship providing overnight homeless sheltering for fewer than 50 occupants, for less than 16 continuous hours, shall be classified as part of the primary occupancy provided the aggregate area used for sleeping is less than 10,000 square feet and has all of the following: a) exiting and emergency lighting b) operational smoke alarms and carbon monoxide alarms in all sleeping areas c) a minimum of one awake attendant d) an emergency plan. An operational permit and an approved emergency plan for such use may be required on an annual basis through the governing Fire Code Official subject to review of compliance with these provisions. Amend: Institutional Group I-1 to read as follows: Institutional Group I-1 occupancy shall include buildings, structures or portions thereof for more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised environment and receive custodial care. Buildings of Group I-1 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: Amend Residential Group R-4 to read as follows: Residential Group R-4 shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential environment and received custodial care. Buildings of Group R-4 shall be classified as a Condition 2 unless approved by the building and fire code official as a Condition 1. This group shall include, but not be limited to the following: 315 General Storage is amended by adding the following subsection: 315.3.5 Marking maximum permitted storage height. Identification of the maximum approved storage height shall be provided in areas where stacked or shelved storage of materials occurs. The maximum approved height will be based upon the requirements of Chapter 32. Maximum storage height identification shall consist of a minimum of a four (4) inch (101.6 mm) stripe on a contrasting background shall be placed at the maximum storage height as determined by Chapter 32 above the finished floor and clearly labeled with the designation: “No Storage Above This Line.” 503.2 Specifications is amended to read as follows: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8, and Appendix D. 503.2.1 Dimensions is amended to read as follows: 13 503.2.1 Dimensions-Public and Private Streets. Public and private streets that are used for fire apparatus access shall have an unobstructed width that meets the dimensions and parking restrictions as set forth by the Street Standards adopted by the City of Wheat Ridge; and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). 503.2.1 Dimensions is amended by adding the following subsection: 503.2.1.1 Dimensions-Private Drives. Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-four (24) feet (7315 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). 503.2.3 Surface is amended to read as follows: 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be paved so as to provide all-weather driving capabilities. 503.2.4 Turning Radius shall be amended to read as follows: 503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall be an inside radius of 27 feet and an outside radius of 50 feet or as determined by the fire code official. Computer modeling may be required to establish that each fire district’s apparatus can adequately maneuver the proposed access roads. 503.2.8 Angles of approach and departure shall be amended to read as follows: 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be no greater than 10% or within the limits established by the fire code official based on the fire district’s apparatus. 507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems is amended to read as follows: Section 507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems. Buildings equipped with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2 and/or standpipe system installed in accordance with Section 905 shall have a fire hydrant a minimum of 50 feet and a maximum of 100 feet of the fire department connection. Exception: The distance shall be permitted to exceed 100 feet where approved by the fire code official. 510.4.1.1 Minimum signal strength into the building shall be amended to read as follows: 14 Section 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength into the building shall be -85dBm to provide usable voice communications throughout the coverage area. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals. 510.4.1.2 Minimum signal strength out of the building shall be amended to read as follows: 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength out of the building shall be -90 dBm to provide usable voice communications throughout the coverage area to the fire district’s radio system when transmitted from within the building. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. 510.4.1.3 System performance shall be amended to read as follows: 510.4.1.3 System performance. If the field signal strength outside the building where received antenna system for the in-building system is located is less than the -85dBm, then the minimum required in-building field of strength shall equal the field of strength being delivered to the receiving antenna of the building. 901.4.6 Pump and riser rooms size shall be amended to read as follows: 901.4.6 Pump and riser room size. Where provided, fire pump rooms and automatic sprinkler system riser rooms shall be designed with adequate space for all equipment necessary for the installation, as defined by the manufacturer, with sufficient working space around the stationary equipment. Clearances around equipment to elements of permanent construction, including other installed equipment and appliances, shall be sufficient to allow inspection, service, repair or replacement without removing such elements of permanent construction or disabling the function of a required fire-resistance-rated assembly. Fire pump and automatic sprinkler system riser rooms shall be provided with does and unobstructed passageways large enough to allow removal of the largest piece of equipment. The room shall provide a minimum of 36 square feet working space around a fire pump or automatic sprinkler system riser. 901.6 Inspection, testing and maintenance shall be amended to read as follows: 901.6 Inspection, testing and maintenance. Fire detection and alarm systems, emergency alarm systems, gas detection systems, fire-extinguishing systems, mechanical smoke exhaust systems and smoke and heat vents shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested and maintained or removed. The removal of any non-required fire protection system or 15 equipment shall be approved by the fire district. 903.1 General is amended by adding the following subsection: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. The size of the room shall meet the size requirements per Section 901.4.6. 903.1.2 Multi-tenant buildings. In buildings that have warehouse space(s) that have the ability to allow high-piled combustible storage per Chapter 32 shall have a fire line installed with a main that runs the length of the building for future addition of fire sprinkler systems. 903.4.2 Alarms shall be amended to read as follows: 903.4.2 Alarms. An approved audible/visual appliance, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm appliances shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. 903.4.2 Alarms is amended by adding the following subsection: 903.4.2.1 Audible and visual signals. Audible and visual fire alarm notification devices shall be connected to every automatic sprinkler system. Such audible and visual devices shall be activated throughout the building upon water flow. When buildings have multiple tenant spaces, notification devices shall be installed in accordance with Section 907.5 in each tenant space. 904 Alternative Automatic Fire-Extinguishing Systems is amended by adding the following subsection: 904.13 Domestic cooking systems. Cooktops and ranges installed in the following occupancies shall be protected in accordance with Section 904.13.1. 1. Unchanged 2. Unchanged 3. Unchanged 4. In Group R-4 occupancies where domestic cooking facilities are installed in accordance with Section 407.2.6 of the International Building Code. 906.1 Where required shall be amended to read as follows: 16 906.1 Where required. Portable fire extinguishers shall be installed in all of the following locations: 1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies. Exceptions: 1-6. Unchanged 7. In Group A, and B occupancies equipped throughout with an approved automatic fire sprinkler system with quick response sprinklers, portable fire extinguishers shall be required only in locations specified in Items 2 through 6. 907.6 Installation and monitoring is amended by adding the following subsection: 907.11 Security systems. Fire alarm panels and security alarm panels shall be separate and not combined. 912.3.1 Locking fire department connection caps is amended to read as follows: 912.3.1 Locking fire department connection caps. Approved locking fire department connection caps shall be installed on fire department connections on all new water-based fire protection systems. Installation of approved locking fire department connection caps shall be required on existing water-based fire protection systems where there is a history of missing caps or interior obstructions of the fire department connection. 3310.1 Required access shall be amended to read as follows and subsection added: 3310.1 Required access. Approved fire apparatus access for firefighting and emergency medical services is required to all construction or demolition sites. Access shall be provided to within 150 feet of all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. When approved by the fire code official, temporary fire apparatus access can be installed during construction of sites not consisting of one- and two-family dwellings and where practical difficulty exists with providing permanent access during construction. Permanent fire apparatus access shall be provided prior to occupancy. Approved temporary access shall be installed as set forth in Section 3310.1.1 through 3310.1.3. 3310.1.1 Installation timing. The required access shall be installed prior to above ground construction and/or the storage of combustible materials on-site, all access and water supplies for fire fighting vehicles shall be provided to construction or demolition sites as shown on the approved site plan in their entirety. Section 3310.1.2 Dimensions. Fire apparatus access roads shall have an unobstructed width of note less than 24 feet and vertical clearance of not less than 13 feet 6 inches. 3310.1.3 Surface. Fire apparatus access roads shall have an all-weather surface consisting of the first lift of asphalt, concrete, or Class 6 road base. The surface shall be capable of supporting an 85,000-pound imposed load. Documentation from a licensed geotechnical engineer attesting that the surface will support the required imposed load 17 and all-weather capability shall be provided. 5307.1 General shall be amended to read as follows: 5307.1 General. Compressed gases in storage or use not regulated by the material-specific provisions of Chapters 6, 54, 55 and 60 through 67, including asphyxiant, irritant and radioactive gasses, shall comply with this section in addition to other requirements of this chapter. The provisions of this chapter shall apply to new or existing systems. 5307.3 Insulated liquid carbon dioxide systems used in beverage dispensing applications this section shall be amended to read as follows: 5307.3 Liquid carbon dioxide systems used in beverage dispensing applications. 6109.13 Protection of containers shall delete the exception from this section. 5704.2.9.6.1 Locations where above-ground tanks are prohibited is amended to read as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Sections 26-805 and 26-806 of the Wheat Ridge Municipal Code. 5706.2.4.4 Locations where above-ground tanks are prohibited is amended to read as follows: 5706.2.4.4 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks shall conform to the geographic limits established by Sections 26-805 and 26-806 of the Wheat Ridge Municipal Code. 5806.2 Limitations is amended to read as follows: 5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings shall conform to the geographic limits established by Sections 26-805 and 26-806 of the Wheat Ridge Municipal Code. 6104.2 Maximum capacity within established limits is amended to read as follows: 6104.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons within the City of Wheat Ridge. Chapter 80 Referenced standards 8001 Adoption of standards and subsection shall be added as follows: 18 8001 Adoption of standards. 8001.1 NFPA standards. In every case where this code references a standard published by the National Fire Protection Association (NFPA), the most current edition of the referenced standard is hereby adopted. The most current edition of the references NFPA standard shall become effective on January 1st following publication and release of the standard. Table B105.1(1) shall be amended to reflect the following table: TABLE B105.1(1) REQUIRED FIRE-FLOW FOR ONE-AND TWO-FAMILY DWELLINGS, Group R-3 and R-4 BUILDINGS AND TOWNHOUSES FIRE-FLOW CALCULATION AREA (square feet) AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (hours) 0-3,600 No automatic sprinkler system 1,000 1 3,601 and greater No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1 (2) at the reduced flow rate 0-3,600 Section 903.3.1.3 of the International Fire Code or Section P2904 of the International Residential Code 1,000 ½ 3,601 and greater Section 903.3.1.3 of the International Fire Code or Section P2904 of the International Residential Code ½ value in Table B105.1(2)a 1 For SI: 1 gallon per minute = 3.785 L/min. a. The reduced fire-flow shall not be less than 1,000 gallons per minute. Table B105.2) shall be amended to reflect the following table: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, Group R-3 and R-4 BUILDINGS AND TOWNHOMES AUTOMATIC MINIMUM FIRE-FLOW DURATION 19 SPRINKLER SYSTEM (Design Standard) FLOW (gallons per minute) (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1 (2) Section 903.1.1 of the International Fire Code 50% of the value in Table B105.1 (2)a Duration in Table B105.1 (2) at the reduced flow rate Section 903.1.2 of the International Fire Code 50% of the value in Table B105.1 (2)b Duration in Table B105.1 (2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/min. b. The reduced fire-flow shall not be less than 1,500 gallons per minute. c. The reduced fire-flow shall not be less than 1,500 gallons per minute. Appendix D Section D102.1Access and loading is amended to read as follows: D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 85,000 pounds (38636 kg). 20 Mechanical Code. (a) Adoption. The International Mechanical Code, 2018 Edition, 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 (1) copy of said International Mechanical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Mechanical Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Mechanical Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Construction documents. Amend to read in its entirety: 106.3.1 Construction documents. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional when required by state law. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking. Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that reviewing of construction documents is not necessary to determine compliance with this code. 106.4.3 Expiration. Amend to read in its entirety: 106.4.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.5.2 Fee Schedule. Amend to read in its entirety: 21 106.5.2 Fee Schedule. The fees for all mechanical work shall be established as set forth in Table 1-A. 106.5.3 Fee refunds. Amend to read in its entirety: 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 109 Means of Appeal. Amend to read in its entirety: 22 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 502.21 Marijuana related occupancies. Add the following section: 502.21 Marijuana related occupancies. Occupancies involved in the sale, transfer, packaging, processing, cultivation, production, extraction or destruction of plants and their parts, devices designed for the use of marijuana and marijuana products, products containing marijuana and hash oil, hash oil or other marijuana related operations and activities shall provide an approved source capture system capable of removing particulate and odors as required to achieve levels that do not constitute as nuisance to adjacent occupants, structures and properties. 23 Energy Conservation Code. (a) Adoption. The International Energy Conservation Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the energy conservation code of the City of Wheat Ridge. One (1) copy of said International Energy Conservation Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Energy Conservation Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Energy Conservation Code. C101.1 Title. Amend to read in its entirety: C101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." C103.1 General. Amend to read in its entirety: C103.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. C108 Stop work orders. Amend to read in its entirety: C108 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be deemed to be in violation of this code. C109 Board of Appeals. Amend to read in its entirety: C109. Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a 24 claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. C110 Violation penalties. Add the following section: C110 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R101.1 Title. Amend to read in its entirety: R101.1 Title. These regulations shall be known as the Energy Conservation Code of the City of Wheat Ridge, and shall be cited as such. It is referred to herein as "this code." R103.1 General. Amend to read in its entirety: R103.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. R108 Stop work orders. Amend to read in its entirety: R108 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be deemed to be in violation of this code. R109 Board of Appeals. Amend to read in its entirety: R109. Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge 25 Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. R110 Violation penalties. Add the following section: R110 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The following appendices are adopted: Appendix CA: Solar-Ready Zone -- Commercial. Appendix CA is adopted in its entirety. Appendix RA: Solar-Ready Provisions – Detached one and two-family dwellings and townhouses. Appendix RA is adopted in its entirety. 26 Fuel Gas Code. (a) Adoption. The International Fuel Gas Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the fuel gas code of the City of Wheat Ridge. One (1) copy of said International Fuel Gas Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Fuel Gas Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Fuel Gas Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Wheat Ridge, hereinafter referred to as "this code." 106.5.3 Expiration. Amend to read in its entirety: 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee schedule. Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for work done pursuant to this code shall be as set forth in Table 1-A. 106.6.3 Refunds. Amend to read in its entirety: 106.6.3 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 27 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 406.4 Test pressure measurement. Amend to read in its entirety: 406.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum pressure range of 150 psig, except for one- and two-family dwellings, which shall have a maximum range of 30 psig and shall display measurements in 1 psig increments. 406.4.1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1½ times the working proposed maximum working pressure, but not less than 20 psig, irrespective of design. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 28 406.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall be not less than one-half hour for each 500 cubic feet of pipe volume or fraction thereof, except for one- and two-family dwellings, which shall a test duration of not less than 15 minutes. The maximum test duration shall not be required to exceed 24 hours. Appendices. The following appendices are adopted in their entirety without amendment: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents Appendix C (IFGS): Terminals of Mechanical Draft and Direct-Vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation 29 Plumbing Code. (a) Adoption. The International Plumbing Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the plumbing code of the City of Wheat Ridge. One (1) copy of said International Plumbing Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Plumbing Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Plumbing Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Wheat Ridge hereinafter referred to as "this code." 106.3.1 Construction documents. Amend to read in its entirety: 106.3.1 Construction documents. The registered design professional shall submit to the code official two complete sets of signed and sealed construction documents for the alternative engineered design. The construction documents shall include floor plans and a riser diagram of the work. Where appropriate, the construction documents shall indicate the direction of flow, all pipe sizes, grade of horizontal piping, loading, and location of fixtures and appliances. Exception: The code official shall have the authority to waive the submission of construction documents, calculations or other data if the nature of the work applied for is such that submission of construction documents is not necessary to determine compliance with this code. 106.5.3 Expiration. Amend to read in its entirety: 106.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.6.2 Fee Schedule. Amend to read in its entirety: 106.6.2 Fee Schedule. The fees for all plumbing work shall be established as set forth in Table 1-A. 106.6.3 Fee refunds. Amend to read in its entirety: 106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 30 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 108.4 Violation penalties. Amend to read in its entirety: 108.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 108.5 Stop work orders. Amend to read in its entirety: 108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 109 Means of Appeal. Amend to read in its entirety: 109 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on claim the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 31 403.1 Minimum number of fixtures. Delete the text of this section, while maintaining Table 403.1, and insert: 403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Tables 403.1 and 403.1.1. Types of occupancies not shown in Tables 403.1 and 403.1.1 shall be considered individually by the code official. The number of occupants shall be determined by the International Building Code. Occupancy classification shall be determined in accordance with the International Building Code. Table 403.1.1 shall be as follows: Table 403.1.1 Occupancy Description Separate Sex Facilities Required When Occupant Load Exceeds A-1 Theaters and other buildings for the performing arts and motion pictures 65 A-2 Nightclubs, bars, taverns, dance halls and buildings for similar purposes 40 Restaurants, banquet halls and food courts 75 A-3 Auditoriums without permanent seating, art galleries, exhibition halls, museums, lecture halls, libraries, arcades and gymnasiums 65 Passenger terminals and transportation facilities 250 Places of worship and other religious services 75 A-4 Coliseums, arenas, skating rinks, pools and tennis courts for indoor sporting events and activities 40 A-5 Stadiums, amusement parks, bleachers and grandstands for outdoor sporting events and activities 40 B Buildings for the transaction of business, professional services, other services involving merchandise, office buildings, banks, light industrial and similar uses 25 E Educational facilities 50 32 F1 & F2 Structures in which occupants are engaged in work fabricating, assembly or processing of products or materials 100 I-1 Residential care 10 I-2 Hospitals, ambulatory nursing home patients N/A Employees, other than residential care 25 Visitors, other than residential care 75 I-3 Prisons N/A I-3 Reformatories, detention centers, and correctional centers 15 I-4 Adult day care and child care 15 M Retail stores, service stations, shops, salesrooms, markets and shopping centers 125 R-1 Hotels, motels, boarding houses (transient) N/A R-2 Dormitories, fraternities, sororities and boarding houses (not transient) 10 R-2 Apartment house N/A R-3 One- and two-family dwellings N/A R-4 Residential care/assisted living facilities 10 S-1 S-2 Structures for the storage of goods, warehouses, storehouse and freight depots. Low and moderate hazard 100 305.4.1 Sewer Depth. Amend to read in its entirety. 305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall not be less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall not be less than 12 inches below grade. 903.1 Roof Extensions. Amend to read in its entirety: 33 903.1 Roof Extension. All open pipes that extend through a roof shall be terminated at least twelve inches above the roof, except that where a roof is to be used for any occupiable purpose, the vent extensions shall be run at least 7 feet (2,134 mm) above the roof. 34 Property Maintenance Code. (a) Adoption. The International Property Maintenance Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the property maintenance code of the City of Wheat Ridge. One (1) copy of said International Property Maintenance Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Property Maintenance Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Property Maintenance Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Wheat Ridge, hereinafter referred to as "this code." 111 Means of Appeal. Amend to read in its entirety: 111 Means of Appeal. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, and fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 112.4 Failure to comply. Amend to read in its entirety: 112.4 Failure to comply. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 302.4 Weeds. Amend to read in its entirety: 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however this term shall not include cultivated flowers and gardens. 303.2 Enclosures. Amend to read in its entirety: 303.2. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when 35 released from an open position of 6 inches from the gate post. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. 304.14 Insect screens. Amend to read in its entirety: 304.14 Insect screens. Insect screens shall be provided on every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch, and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed. 602.3 Heat supply. Amend to read in its entirety: 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68 degrees in all habitable rooms, bathrooms and toilet rooms. 36 Residential Code. (a) Adoption. The International Residential Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the one- and two-family dwelling code of the City of Wheat Ridge. One (1) copy of said International Residential Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The International Residential Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Residential Code. R101.1 Title. Amend to read in its entirety: R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Wheat Ridge, and shall be cited as such and will be referred to herein as "this code." R101.1 Title. Amend to read in its entirety: R101.2 Scope. Amend to read in its entirety: R101.2 Scope. The provisions of the International Residential Code for One- and Two- Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with separate means of egress and their accessory structures. R105.2 Work exempt from permit. Amend to read in its entirety: R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ration of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work that is not part of the scope of a larger permittable project. 7. Prefabricated swimming pools that are less than 24 inches deep. 8. Swings and other portable playground equipment. 37 9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support. 10. Decks not exceeding 120 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling unit and do not serve the exit door required by Section R311.4. 11. Hoop houses as defined in Section 3102.2 of the International Building Code that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. 12. Residential lawn sprinkler systems. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746W) or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that 38 if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. R105.5 Expiration. Amend to read in its entirety: R105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. R106.1 Submittal documents. Amend to read in its entirety: R106.1 Submittal documents. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. R108.2 Schedule of permit fees. Amend to read in its entirety: R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. R108.3 Building permit valuations. Amend to read in its entirety: R108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the total value of all work, including foundation work, structural and non-structural building components, electrical, gas, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on the most current data published by ICC Building Valuation Data Sheet and the higher of the applicant stated valuation and the building division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 39 R108.5 Refunds. Amend to read in its entirety: R108.5 Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. R112 Board of Appeals. Amend to read in its entirety: R112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. R113.4 Violation penalties. Amend to read in its entirety: R113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair residential work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. R114.2 Unlawful continuance. Amend to read in its entirety: R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars and shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Table R301.2(1): Climatic and Geographic Design Criteria. Table R301.2(1) shall apply as referenced in this code and is hereby completed as follows: 40 TABLE R301.2(1) - CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA R313.2 One and Two-Family Dwellings automatic fire sprinkler systems. Delete entire section. R401.2 Requirements. Amend to read in its entirety: R401.2 Requirements. Foundation construction shall be capable of accommodating all loads according to Section R301 and of transmitting the resulting loads to the supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted engineering practice. Gravel fill used as footings for wood and precast concrete foundations shall comply with Section R403. With the exception of prescriptive monolithic slabs less than 1000 square feet in size for garages or similar non- habitable occupancies, foundation systems shall be designed, inspected and approved by a State of Colorado registered Structural Engineer and verified by the Building Division. R602.5 Interior nonbearing walls. Amend to read in its entirety: Ground and Roof Snow Load Wind Design* Seismic Design Category Subject To Damage From Winter Design Temp Ice Barrier Underlayment Required Flood Hazards Air Freezing Index Mean Annual Temp Speed (mph) Topo- graphic Effects Weather- ing Frost line depth Termite 30 psf 135 mph** Vult Exp. C Yes “B” Severe 36” Slight 1˚ F Yes 1979 Firm 1500 45 F Manual J Design Criteria Elevation Latitude Winter Heating 99% Dry Bulb Summer Cooling 1% Dry Bulb Altitude Correction Factor Indoor Design Temperature Design Temperature Cooling Heating Temperature Difference 5459 ft. 39° North -7 95 Varies 72° 75° 79° Cooling Temperature Difference Wind Velocity Heating Wind Velocity Cooling Coincident Wet Bulb Daily Range Winter Humidity Summer Humidity -- 20° 15 mph 7.5 mph 59 High (H) 50% 50% -- ** Approximately Equivalent to 105 mph Vasd (three second gust) Exposure C (see Table R301.2.1.3 for conversion) 41 R602.5 Interior nonbearing walls. Interior nonbearing walls shall be permitted to be constructed with 2-inch-by-3-inch (51 mm by 76 mm) studs spaced 24 inches on center. Interior nonbearing walls shall be capped with at least a single top plate. Interior nonbearing walls shall be fire blocked in accordance with Section R602.8. R602.7.3 Nonbearing walls. Amend to read in its entirety: R602.7.4 Nonbearing walls. In interior and exterior nonbearing walls, a header constructed of two (2) 2-inch-by-4-inch members placed on edge shall be required over all openings spanning less than eight (8) feet. R703.6.1 Lath. Amend to read in its entirety: R703.7.1 Lath. All lath and lath attachments shall be of corrosion-resistant materials. Expanded metal or woven wire lath shall be attached with 1½-inch long, 11 gage nails having a 7/16 -inch head, or 7/8 -inch-long, 16 gage staples, spaced at no more than 6 inches, or as otherwise approved. Whenever the wall sheathing is of code approved material capable of receiving and sustaining fasteners, lath fasteners shall be spaced at no more than 6 inches on center both horizontally and vertically, or as otherwise approved. R807.1 Attic Access. Amend to read in its entirety: R807.1 Attic Access. Buildings with combustible ceiling or roof construction shall have an attic access opening to attic areas that exceed 30 square feet and have a vertical height of 30 inches or more. The rough-framed opening shall not be less than 22 inches by 30 inches and shall be located in a hallway or other readily accessible location. A 30-inch minimum unobstructed headroom in the attic space shall be provided at all points directly above the access opening. The finish opening dimensions of attic accesses shall be a minimum of 20 inches by 30 inches. See Section M1305.1.3 for access requirements where mechanical equipment is located in attics. R905.2.6 Attachment. Amend to read in its entirety: R905.2.6 Attachment. Asphalt shingles shall be attached with a minimum of 6 nails per shingle or as specified by the manufacturer, whichever is more restrictive. Where the roof slope exceeds 20 units vertical in 12 units horizontal (167 percent slope) special methods of fastening are required. Special fastening methods shall be tested in accordance with ASTM D 3161, Class F. Asphalt shingle wrappers shall bear a label indicating compliance with ASTM D 3161, Class F. 905.2.7.1 Ice barrier. Amend to read in its entirety: 905.2.7.1 Ice barrier. An ice barrier complying with ASTM D1970 shall be required in lieu of normal underlayment at roof eaves and shall extend from the eave edge to a point at least 24 inches inside the exterior wall line of the building. Exception: Detached structures and attached garages that contain no conditioned floor area. 42 R905.2.8.5 Other Flashing. Amend to read in its entirety: R905.2.8.4 Other Flashing. Flashing against a vertical front wall, as well as soil stack, vent pipe and chimney flashing, shall be applied according to the asphalt shingle manufacturer's printed instructions. A minimum 2-inch by 2-inch galvanized flashing shall be required at eaves of all roofs. Flashing shall be installed to as recommended by manufacturer or as necessary to seal gaps between roof sheathing and roof gutters. M1305.1.4 Appliances under floors. Amend to read in its entirety: M1305.1.3 Appliances under floors. Underfloor spaces containing appliances requiring access shall have an unobstructed passageway large enough to remove the largest appliance, but not less than 30 inches high and 22 inches wide, no more than 20 feet long when measured along the centerline of the passageway from the opening to the appliance. A level service space at least 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. If the depth of the passageway or the service space exceeds 12 inches below the adjoining grade, the walls of the passageway shall be lined with concrete or masonry extending 4 inches above the adjoining grade in accordance with Chapter 4. The rough-framed access opening dimensions shall be a minimum of 22 inches by 30 inches where the dimensions are large enough to remove the largest appliance. The finish opening dimensions of under floor accesses shall be a minimum of 20 inches by 30 inches. G2417.4 Test pressure measurement. Amend in its entirety: G2417.4 Test pressure measurement. Test pressure shall be measured with a manometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. Mechanical gauges used to measure test pressure shall have a maximum range of 30 psig and shall display measurements in 1 psig increments. G2417.4.1 Test Pressure. Amend to read in its entirety: 406.4.1 Test Pressure. The test pressure to be used shall be no less than 1½ times the working proposed maximum working pressure, but not less than 20 psig, irrespective of design. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. G2417.4.2 Test duration. Amend to read in its entirety: 406.4.2 Test duration. Test duration shall not be less than 15 minutes. The maximum test duration shall not be required to exceed 24 hours. P2603.5.1 Sewer Depth. Amend to read in its entirety. P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall not be less than 12 inches below finished grade at the point of septic tank connection. Building sewers shall not be less than 12 inches below grade. 43 P3103.1.1 Roof extension. Amend to read in its entirety: P3103.1.1 Roof extension. All open pipes that extend through a roof shall be terminated at least twelve (12) inches above the roof, except that where a roof is to be used for any occupiable purpose, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Appendices. The following appendices are adopted in their entirety: Appendix A (IFGS): Sizing and Capacities of Gas Piping Appendix B (IFGS): Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use with Type B Vents Appendix C (IFGS): Exit Terminals of Mechanical Draft and Direct-vent Venting Systems Appendix D (IFGS): Recommended Procedure for Safety Inspection of an Existing Appliance Installation Appendix F: Radon Control Methods Appendix H: Patio Covers Appendix J: Existing Buildings and Structures Appendix Q: Tiny Houses Appendix T: Solar-Ready Provisions – Detached One-and Two Family Dwellings and Townhouses. 44 National Electrical Code (a) Adoption. The National Electrical Code, (NFPA_70) 2017 Edition, copyrighted by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 01269-7471, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the electrical code of the City of Wheat Ridge. Any modifications to or newer versions of the National Electrical Code (NFPA-70) that are adopted by the Colorado State Electrical Board pursuant to its authority under C.R.S. §12-23-104(2)(a) shall be automatically incorporated herein and deemed to modify this code. One (1) copy of said National Electrical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. (b) 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, construction, quality of materials, use and occupancy, location and maintenance of all buildings, structures and utilities and certain equipment specifically regulated herein. 45 Pool and Spa Code (a) Adoption. The International Swimming Pool and Spa Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the Pool and Spa Code of the City of Wheat Ridge. One (1) copy of said International Pool and Spa Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Swimming Pool and Spa Code shall be known as the "I.S.P.S.C." or the "Pool and Spa code" and may be cited and referred to as such. (b) Amendments. The International Pool and Spa Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Swimming Pool and Code. 101.1 Title. Amend to read in its entirety 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.5.1 Approved construction documents. Amend to read in its entirety: 105.5.1 Approved construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections - Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 105.5.3 Expiration. Amend to read in its entirety: 105.5.3 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6.2 Fee Schedule. Amend to read in its entirety: 105.6.2 Fee Schedule. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 105.6.3 Fee Refunds. Amend to read in its entirety: 105.6.3 Fee Refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than 100 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 46 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. Not more than 50 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled after initiation of any plan review effort. a. Note: The code official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 107.5 Stop work orders. Amend to read in its entirety: 107.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 108 Means of Appeals. Amend to read in its entirety: 108 Means of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. Section 305.2 (1), Item 1. Barrier height clearances. Amend to read in its entirety: 305.2.1, Item 1. Barrier height and clearances. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet measured horizontally from the outside of the required barrier. 47 Existing Building Code (a) Adoption. The International Existing Building Code, 2018 Edition, is hereby adopted by reference and incorporated into this article as though fully set forth herein as the existing building code of the City of Wheat Ridge. One (1) copy of said International Existing Building Code shall be filed in the office of the city clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents and index contained herein. The 2018 International Existing Building Code shall be known as the "I.E.B.C." or the "Existing Building Code" and may be cited and referred to as such. (b) Amendments. The International Building Code adopted by this section is amended as follows. Section numbers referred to herein refer to and correspond with the section numbers of the 2018 International Existing Building Code. 101.1 Title. Amend to read in its entirety: 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Wheat Ridge, hereinafter referred to as "this code." 105.1.1 Annual permit. Delete entire section. 105.1.2 Annual permit records. Delete entire section. 105.2 Work exempt from permit. Amend to read in its entirety: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route. 2. Painting, papering, carpeting, cabinets and countertops and similar finish work that is not a part of the scope of a larger permittable project. 3. Shade cloth structures under 400 square feet constructed for nursery or agricultural purposes, not including service systems. 4. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 5. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 6. Hoop houses as defined in Section 3102.2 that do not exceed 400 square feet in floor area, that are not occupied by the general public, and that do not contain mechanical or electrical devices, equipment or systems. 48 Electrical: 1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2.Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmission, but do apply to equipment and wiring for a power supply and the installation of towers and antennas. 3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing and servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter the approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds or less of refrigerant and actuated by motors of 1 horsepower or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. 105.5 Expiration. Amend to read in its entirety: 105.5 Expiration. Every permit issued by the code official under the provisions of this code shall expire one year (365 days) after the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 106.1 General. Amend to read in its entirety: 49 106.1 General. Construction documents, statement of special inspections and other data shall be submitted in two (2) sets with each application for permit. The Building Official may allow additional sets to be submitted to allow for concurrent review to decrease the review time for applicants who wish to submit the additional documents. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that reviewing of construction documents is not necessary to obtain compliance with this code. 106.3.1 Approval of construction documents. Amend to read in its entirety: 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Approved Subject to Field Inspections - Wheat Ridge Building Dept.". One set of construction documents so reviewed shall be retained by the building official. One set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 108.2 Schedule of permit fees. Amend to read in its entirety: 108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. The permit fee shall be established as set forth in Table 1-A. 109.3 Building permit valuations. Amend to read in its entirety: 108.3 Building permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuations shall include the value of all work, including foundation work, structural and non-structural building components, electrical, plumbing, mechanical and interior finish materials. Project valuation shall be calculated by the Building Division based on the most recent building valuation data (BVD) promulgated and published by the International Code Council (ICC), and the higher of the applicant stated valuation and the division calculated valuation shall be used to determine building permit fees. Final building permit valuation shall be set by the building official. 112 Board of Appeals. Amend to read in its entirety: 112 Board of Appeals. Appeals of decisions and determinations made by the Building Official shall comply with the process and procedures set forth in City of Wheat Ridge Municipal Code Sections 2-59 and 5-25. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder, including fines, have been incorrectly interpreted, the provisions of the code do not fully apply, or an equally good or better form of construction is proposed. 50 113.4 Violation penalties. Amend to read in its entirety: 113.4 Violation penalties. Any person or entity who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 114.2 Issuance. Delete entire section. 114.3 Unlawful continuance. Rename and amend in its entirety: 115.3 Issuance and unlawful continuance. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work, or visibly posted at the work site. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 60 dollars or not more than 1,000 dollars. 51 Health Care Facilities Code. (a) Adopted. The NFPA 99 Standards for Health Care Facilities 2018 Edition, Copyright by the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts, 02269 is hereby adopted by reference thereto and incorporated into this article as though fully set out herein as the health care facilities code for the City of Wheat Ridge. Except as otherwise provided in this article, such code is adopted in full, including the index and annex contained therein. One (1) copy of said Standards for Health Care Facilities 2015 Edition shall be filed in the office of the clerk and may be inspected during regular business hours. (b) Amendments. None. Uniform Code for the Abatement of Dangerous Buildings. (a) Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, copyright 1997, by the International Conference 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 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 inspected during regular business hours. Such code is hereby adopted in full. (b) Amendments. None Appendix D Section D102.2 Underground systems is added to read as follows: D102.2 Underground systems. Underground water detention systems are not allowed underneath fire apparatus access drives unless the following can be met: 1. The structure can support 85,000 pound fire apparatus on three axels 2. The engineer must provide calculations showing that the point load of extended and loaded outriggers can be supported based on manufacturer specifications. 3. The engineer must describe how the detainment structure will react to 2,000 gallons per minute of water flow for two hours including the stability of the assembly and where the water will flow taking into account the fire apparatus will be operating on the surface above. 4. The life expectancy of the detainment structure’s load carrying capacity as determined above must be stated and must be consistent with the expected life span of the building. An inspection and maintenance program including structural integrity may be proposed as an alternative. 5. Any additional factors the engineer or fire code official feels are relevant to the site or the performance of the detention system impacting safe fire operations. 6. The engineer’s attestation must be succinct and affirmative. Qualifying statements and/or disclaimers will likely result in disapproval. ATTACHMENT 2 Joint Letter on Residential Fire Sprinklers I)Forward The Arvada Fire Protection District (AFPD), West Metro Fire Rescue (WMFR), and Fairmount Fire Protection District (FFPD) strongly believes that a reactive fire protection philosophy is not what is needed to manage the impacts of fire on a community. For many years, the traditional fire service has had a strategy designed around the hope that fire departments could amass enough resources and beat the clock by arriving soon enough to have a positive impact on a fire incident. While it’s still important to have adequate staffing to safely fight a structure fire, we also understand the inherent limitations to responding to structures without built-in fire sprinkler systems. We believe that it is time to rethink the way we protect our citizens and protect our firefighters. Fortunately, today many communities are taking a more proactive fire protection philosophy by embracing proven technology and built-in protection, consistent and educational code enforcement, and stronger public education programs. It is hard to say how many more lives could be saved and injuries prevented by not amending out the prescriptive requirement for residential sprinklers in the model codes. However, the AFPD does know that of the several large-loss-of-life residential fire disasters (6 deaths) that have occurred within the AFPD since 2016, not one has occurred in a sprinklered building. We believe that this proposal will not only reduce the risk and impact of fires in our community but will improve firefighter safety and help reduce the demand for extensive resources for residential structure fires. (1). II)Problem Statement Nearly all one- and two-family structures in the AFPD, WMFR, and FFPD, including Wheat Ridge, were built without the benefit of automatic fire sprinkler protection to control the amount of fire loss. Provided within this proposal, there are three tables based on fires within the City of Wheat Ridge that presents fire loss data, fire loss versus the cost of a fire sprinkler system, and additional cost of the sprinkler systems in the overall assessed values of the 15 structure fires within the City of Wheat Ridge from July 2017 through June 2019. III.Problem Analysis Fire Statistics provided by the National Fire Protection Association (NFPA) shows there are more than 355,000 fires in residential structures and 80% of fire related deaths occur within the residential setting. Additionally, the fire problem has increased because of the following home characteristics: •larger home sizes, •larger open spaces within homes, •increased fuel loads, ATTACHMENT 3 • lightweight building construction materials, and • more void spaces These characteristics allow for faster fire propagation, shorter time to flashover, rapid changes in fire dynamics, shorter escape times, and shorter time for structural collapse. In 2009, the International Code Council’s (ICC) International Residential Code (IRC) first introduced the requirement to sprinkler one- and two-family dwellings. Since then, many jurisdictions have amended this requirement out of their adopted IRC citing the high cost impact of installing fire sprinkler systems in one- and two-family dwellings. Over the last ten years many jurisdictions have begun to keep the prescriptive fire sprinkler requirement in their IRC adoptions. This was based on the lower cost of fire sprinkler systems (on average $1.35 per square foot), the introduction of multi-purpose P2904 fire sprinkler systems, a relatively steady civilian casualty rate (approximately 3,000 nationally)1 and within Colorado approximately 30 fire deaths2. Figure 1. NFPA fire death statistics in the United States and Colorado. Fire growth is exponential and fire sprinkler systems can reduce the rate of fire growth in a quick and efficient manner. In 90% of residential structure fires in sprinklered buildings, a single fire sprinkler can detect, activate and suppress a fire within two minutes of ignition. Given that information, a typical residential sprinkler discharges 20 gallons per minute and can suppress a fire with approximately 40 gallons. Taking into consideration a fire department response time of eight minutes from the time of call, the sprinkler system will discharge a total of 200 gallons discharged over a ten-minute time frame. When compared to fire department suppression operations it is significantly less. Fire department suppression operations may discharge close to 1,000 gallons (150 gallons per minute) to suppress the fire that has grown uncontrolled over that same ten-minute time period and have significantly more fire damage. 1 US Fire Death Rate by State: https://www.nfpa.org/-/media/Files/News-and-Research/Fire-statistics-and-reports/US-Fire- Problem/osstate.pdf, p.7 2 Fire Death Rates by State: https://www.nfpa.org/News-and-Research/Data-research-and-tools/US-Fire-Problem/Fire-deaths- by-state Figure 2. Home Fire Sprinkler Coalition’s chart representing the growth of fire and time to suppress a fire Currently, NFPA 1710 (standards for organization and fire suppression deployment) requires a minimum of 14 firefighting personnel and AFPD, WMFR, and FFPD on average responds with 19 personnel to all residential structure fires. If a given situation presents additional hazards, more firefighting personnel will be required to respond. When fire sprinkler systems have suppressed a fire, there is a decreased need to have as many personnel on-scene, they can then be made available to respond to other emergency incidents. The use of automatic fire sprinkler systems to control fire relates to more than just personnel and equipment. The ability to control fire often extends beyond the ability of fire suppression systems because the time of discovery and the rapidity of flame spread is often uncontrolled. Considering these possibilities, analysis indicates that any size structure could be subject to heavy or total fire loss regardless of fire department size. This should be given equal or greater consideration than personnel demand. They too can reduce the impact on the environment by not releasing as many fire gasses into the atmosphere and reduce the amount of fire debris and contaminated water going down storm sewers. IV) Supportive Data Automatic fire sprinklers have an enviable record in controlling fires and limiting loss. NFPA statistics have shown that they are effective 97% of the time and property loss is reduced up to 68%. Residential fire sprinklers provide four basic functions when installed within a residential structure. 1. They automatically detect fire, 2. Operate upon activation to fight the fire, 3. Provide essential time to evacuate, and 4. Remain in operation until the fire is suppressed and shut off From the AFPD, WMFR and FFPD perspective, due to decades of engineering design, construction, assembly, and the rigid testing and approval requirements, automatic sprinklers are among the most reliable mechanical devices made. Furthermore, nine out of ten fire sprinkler activations in residential structures are contained with only one fire sprinkler opening and flowing water. The following tables represent the fire losses within the AFPD’s, WMFR’s and FFPD’s jurisdictional boundaries in the City of Wheat Ridge occurring from July 2017 through June 2019. There was a total of 15 one- and two-family dwelling fires. Utilizing the national average cost per square foot of $1.35, the cost of installing a fire sprinkler system is less than 1% of the total cost of a newly constructed one- and two-family dwelling. Figure 3. City of Wheat Ridge Fire Loss Data 7/2017-6/2019. Figure 4. City of Wheat Ridge Average Fire Loss versus Average Cost of Sprinkler System 7/2017-6/2019. Figure 5. City of Wheat Ridge Assessed Cost of a Home versus Assessed Cost of a Home with a Sprinkler System 7/2017-6/2019. V) Cost Benefit In addition to protection against destruction of property, injuries, loss of life and possibly business interruptions, the insurance savings often makes the installation expenditures a sound investment. Most of the current residences in Wheat Ridge do not have sprinklers because the cost per dollar for fire sprinkler protection has appeared unjustifiably high to the building contractors and/or owners in relation to the value of the building. In 2017, the United States Congress passed tax reform legislation in Cost Recover Section 13201. Under this law, residential structures that are equipped with a fire sprinkler system will be able to fully expense the cost of that system3. When structures, including one- and two-family dwellings and residential developments are equipped with fire sprinkler systems, allowances may be made for narrower fire apparatus access roads, access to points within 150 feet of all portions of the exterior of a structure can be increased, reduced required fire flow (therefore reduced public water main sizes) and increased distance between fire hydrants. These allowances arguably offset the increased cost of installing a fire sprinkler system. The most important area to address here lacks a dollar value; it is life safety and a feeling of security that total sprinkler protection provides the occupants of the building. VI) Additional Benefits In addition to the obvious and overriding benefit of providing a highly desirable level of public safety, the spin-off benefits are numerous. Financial savings most certainly are realized from the reduction of resources needed for a first alarm assignment, wear and tear on equipment, fuel consumption, firefighter injuries, and personnel hours, to name a few. All these benefits provide opportunities for substantial savings or cost avoidance to the taxpayers. We also believe that attitude changes can be expected, including a greater sensitivity to fire prevention and a proactive approach to community fire protection. One could logically expect that our sprinkler efforts would be undertaken in areas not specifically mandated. Other associated prevention actions (e.g., early warning devices, self-home inspection, and resident evacuation training) could conceivably be implemented concurrently with installation of sprinklers. Other tangible benefits include a full return on investment, increased property values, and the desirability of occupancy. The community will benefit by making our community fire safe. 3 https://nfsa.org/wp-content/uploads/2018/02/TaxReform_NFSA-2018FYI-v10.pdf Finally, maintaining the residential fire sprinkler requirement in the IRC is one of the most fiscally reasonable, public welfare-oriented, and visionary efforts government and fire service leaders can undertake. VII) Recommendation It is AFPD’s, WMFR’s and FFPD’s recommendation that during the adoption of the 2018 ICC code set, that the prescriptive residential sprinkler requirements are maintained and join progressive jurisdictions such as Boulder, Boulder County, Castle Pines, Centennial, Cherry Hills Village, Colorado Springs, Federal Heights, Fraser, Fort Collins, Golden, Granby, Grand County, Greeley, Louisville, Morgan County, Snowmass Village, Superior, Westminster and Winter Park. In closing, we appreciate the opportunity to discuss this proposed ordinance change and welcome your feedback. Again, thank you for your community leadership and interest in making Wheat Ridge a fire- safe community. _________________________________________ Steven Parker Fire Marshal Arvada Fire Protection District __________________________________________ Bruce Kral Fire Marshal West Metro Fire Protection District __________________________________________ Neil Rosenberger Fire Marshal Fairmount Fire Protection District September 30, 2019 Mayor Starker and Councilmembers 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Mayor Starker and Councilmembers: Thank you for taking time to read the HBA of Metro Denver’s comments on the 2018 International Residential Codes (IRC) update, specifically regarding residential fire sprinklers. We are supportive of the code updates that are being proposed by staff, with just one exception. The HBA of Metro Denver (“HBA”) strongly recommends that Erie amend out the requirement of residential sprinkler systems from the 2018 IRC. Please find below the reasons that we are not in favor of adding residential fire sprinkler requirements in Single Family Attached (including townhomes) or Detached units to the building code: •The additional costs to add residential sprinkler systems will push more people out of home ownership opportunities. It is quoted to cost somewhere around $3-$5 per square foot to add the sprinkler system to the home, but there are additional costs to consider. o Architectural Drawings ($1 per s/f added cost to each drawing = additional $2,500+) o Delays in permitting process o Sprinkler system testing (annual by the resident) •92% of the Front Range municipalities and counties have continued to amend the residential sprinkler requirements out of their updated codes. •Townhomes are generally constructed with a two-hour fire separation. A shaft wall system not only provides a sound buffer, but gives a two-hour fire wall. This mitigates concerns about fires to the adjacent units. •If a home buyer would like residential fire sprinklers in their home, they can request the builder include the sprinkler system before the home is built. •Mandating this provision will increase costs to a home which will push affordable/attainable housing at an even further reach for home ownership. •This regulation is before its time. Currently, the state does not certify sprinkler systems, and there are not enough plumbers who are certified to do the work. This can cause delays in the permitting process which adds costs to the home being built. •The lack of trained professionals to install residential sprinklers can cause defects to the home. This can cause high insurance costs for the builder and the home owner. •Workforce labor is already a huge problem in the industry. Adding additional labor will further increase costs with an additional multiplier effect. ATTACHMENT 4 • Energy Efficiency polices will be counteracted by adding sprinkler systems when adding holes to a tight energy efficient home For the above reasons, the HBA of Metro Denver continues to encourage amending out the residential fire sprinkler requirement out of the 2018 IRC. Please reach out to me if you have any questions or if I can be of any help. Thank you for your consideration. Sincerely, Heidi K. Williams Director of Government Affairs 303-819-9722 cc: Patrick Goff, City Manager Randy Slusser, Chief Building Official From: Sobieski, Dennis <dennis.sobieski@kimley-horn.com> Sent: Wednesday, October 2, 2019 10:36 AM To: Dave Brossman <dbrossman@ci.wheatridge.co.us> Subject: RE: Underground Detention Facilities Within Wheat Ridge Hi Dave – after reading the City of Wheat Ridge 2018 International Fire Code amendments proposed by the West Metro Fire District I would offer the following feedback: 1. D102.1 addresses fire access and loading via onsite access roads and lists a specific weight of 85,000 pounds that requires supporting. This seems appropriate based on the West Metro equipment and gives clear guidance on the required design loading. 2. D102.2 also addresses loading, but with the addition of an underground detention system. A few thoughts on this section: a. Underground detention systems are very prevalent in today’s design world due to the confined nature of most design sites. b. Most sites we encounter today are redevelopments or urban infill sites which lend themselves to an urban design which limits the space for above grade detention facilities necessitating the implementation of below grade facilities. This is very common through our industry and widely accepted. c. The language in section D102.2 reads “are not allowed…unless” relative to these underground facilities and then lists several undefinable or extremely open ended requirements relative to their design. Frankly, these requirements appear to imply that no underground systems will be approvable. Speaking to the specific points as outlined in section D102.2 i. D102.2.1 - it seems if West Metro could provide the exact point loading requirements then the design could accommodate those needs. ii. D102.2.2 – it is unclear what manufacturer specs they are referring to, but seems D102.2.1 should cover all loading requirements iii. D102.2.3 – seems this is info that should be provided by West Metro and included in a single loading requirement as part of D102.2.1 iv. D102.2.4 – this is unrealistic and undefinable. It would be more realistic to ask where stormwater overflow paths are located and potentially ensure they can accommodate a minimum flow based on a known fire flow v. D102.2.5 – I would agree the life expectancy of the underground facility should be equal to that of the structure it is serving vi. D102.2.6 – this is undefinable vii. D102.2.7 – this is also undefinable. The fact that any design will be signed and sealed by a professional engineer which carries with it its own liability should be satisfactory. If D102.2.1 can provide the loading criteria, then the sign and seal provide more than adequate attestation d. The design of an underground system involves coordination between the civil and structural engineer, is a process which is taken quite seriously, and includes a factors of safety. It is understood that life safety is a concern and is factored into the design as it is relative to any structure – this is pre-baked into the design factor of safety already. e. Not allowing underground detention will result in many sites being undevelopable which will impact the tax base for the City. ATTACHMENT 5 It is my professional opinion the Code Amendment as written will not allow for any underground detention facilities which will undermine the City’s ability to redevelop its urban core and other redevelopment zones. Thank you! Dennis Sobieski, P.E., LEED AP Kimley-Horn | 4582 South Ulster Street, Suite 1500, Denver, CO 80237 Direct: 303-228-2335 | Mobile: 303-726-0122