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HomeMy WebLinkAbout10-13-2025 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, October 13, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: • Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. • Provide comment in advance at www.wheatridgespeaks.org (comment by noon on October 13, 2025) • Virtually attend and participate in the meeting through a device or phone: o Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on October 13, 2025) • View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES None APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES None PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING 1. Council Bill No. 20-2025 – an ordinance adopting by reference the 2024 Editions of the International Building and related codes, including local and conforming amendments DECISIONS, RESOLUTIONS, AND MOTIONS 2. Motion to Cancel the November 3, 2025, City Council Study Session 3. Motion awarding a contract to TCC Corporation in the amount of $625,044.18 with a contingency amount of $62,504 for a total approved amount of $687,548.18 for the Clear Creek Crossing bus terminal 4. Resolution No. 50-2025 – a resolution approving the First Amendment to Agreement for Radio Specialist Services to have a Radio Systems Administrator CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION ITEM NUMBER: 1 DATE: October 13, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 20-2025 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE 2024 EDITIONS OF THE INTERNATIONAL BUILDING AND RELATED CODES, INCLUDING LOCAL AND CONFORMING AMENDMENTS ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City currently enforces the 2018 International Building Codes, and this ordinance adopts the 2024 editions. Chapter 5 of the Municipal Code functions as the building code, and this update improves usability, provides better procedural clarity, and streamlines administration. PRIOR ACTION: City Council discussed the proposed code amendment at study sessions on March 25, 2024, and more recently on August 18, 2025. The August discussion focused on specific administrative and technical code amendments, and the attached ordinance reflects the direction provided by Council. The Building Code Advisory Board (BCAB) discussed the proposed code amendment on August 11, 2025, and reviewed the draft code on September 30, 2025. The BCAB made a motion recommending approval of the draft code by a vote of 4 to 0. FINANCIAL IMPACT: The proposed ordinance is not anticipated to have a direct financial impact on the city. BACKGROUND: On August 11, BCAB reviewed proposed local amendments and provided recommendations on five administrative topics and six technical topics, as well as input on residential sprinkler requirements. On August 18, City Council reviewed BCAB’s recommendations and provided additional direction on several key policy questions. Council Action Form – Building Code Update October 13, 2025 Page 2 The attached ordinance reflects BCAB and Council direction, fire district recommendations, City Attorney guidance, and specific procedural clarifications. Consistent with the August discussion, the proposed draft restructures Chapter 5 to consolidate all administrative provisions into Article II, and it reserves Article III exclusively for technical codes and their local amendments. Articles I (General) and IV (Contractor Licensing) remain largely unchanged. The reorganization improves usability, aligns with IBC Chapter 1, and provides clearer navigation for staff and customers. Attached for review and reference are the following items: • The proposed ordinance which repeals and reenacts Articles II and III. • A redline version of Chapter 5 with explanatory notes which identifies deletions, explains rationale, and indicates where provisions have been relocated or reincorporated. A clean version with explanatory notes will be published after the code update for staff and customer reference. Key Updates The attached ordinance incorporates the following key updates. • Residential Sprinklers – City Council discussed the residential sprinkler requirement at length on August 18. This ordinance reflects Council’s direction to continue exempting single unit detached dwellings and duplexes from automatic sprinkler requirements, while requiring sprinklers for townhomes. This requirement will have delayed implementation, taking effect January 1, 2027, and providing time for the industry to adjust. • Fire District Recommendations – Since August, the city’s fire districts have reviewed the 2024 IFC more comprehensively and provided several requests and recommendations, many of which were acceptable to staff. These are documented in the redline draft with explanatory notes and were reviewed by BCAB with no changes. • Enforcement and Clarity – Updates to enforcement sections (including revocation of certificates of occupancy, stop work orders, unsafe structures, and violations) provide clearer procedures for staff and greater transparency for customers. Implementation The new codes are proposed to become effective immediately upon adoption. To support a smooth transition, permits may be submitted under either the 2018 or 2024 codes through the end of this year. Beginning January 1, 2026, all new permit applications must comply with the 2024 codes. Active permits and those already under plan review prior to January 1, 2026, will not be affected. As noted above, townhome sprinkler requirements will apply to permits submitted on or after January 1, 2027. This Council Action Form – Building Code Update October 13, 2025 Page 3 implementation schedule is captured in the last section of the ordinance. RECOMMENDATION: Staff recommends approval of the ordinance. First reading is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2025, an ordinance adopting by reference the 2024 editions of the International Building and related codes, including local and conforming amendments, on first reading, order it published, public hearing set for Monday, October 27, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately after final publication.” Or, “I move to postpone indefinitely Council Bill No. 20-2025, an ordinance adopting by reference the 2024 editions of the International Building and related codes, including local and conforming amendments, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Steve Peck, Chief Building Official Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 20-2025 2. Proposed Chapter 5 (with redlines and explanatory notes) 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20 Ordinance No. 1833 Series 2025 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE 2024 EDITIONS OF THE INTERNATIONAL BUILDING AND RELATED CODES, INCLUDING LOCAL AND CONFORMING AMENDMENTS WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce all ordinances; and WHEREAS, in the exercise of this authority, the Council has previously adopted building code requirements in the City’s Code of Laws, and specifically in Chapter 5 thereof (the “Building Code”); and WHEREAS, based upon recommendations from staff and the Building Code Advisory Board, informed by the administration and enforcement of said codes over time, and acknowledging the continuing evolution of such codes, the Council finds it in the best interest of the City to update the Building Code by adopting the 2024 editions of the International Codes together with the National Electrical Code, state-adopted energy codes, and local amendments to the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-1 of the Wheat Ridge Code of Laws, regarding the purpose of the building code, is hereby amended as follows: Sec. 5-1. Purpose and Name. The purpose of this chapter 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 within the city and certain equipment specifically regulated herein. ATTACHMENT 1 2 The provisions of this chapter 5 together with those codes adopted by reference in section 5-75 shall be hereinafter known as the “Building Code of the City of Wheat Ridge, Colorado” or the “building code,” “this code” or “this chapter.” Section 2. Section 5-2 of the Wheat Ridge Code of Laws, providing definitions related to the building code, is hereby amended by deleting the following terms and their associated definitions: Alter or alteration; Approved (approval); Approved agency; Approved as to methods, materials and types of construction; Building; Building, existing; Department; Floor area; Public walk; Public way; Repair; Structure; and Use. Section 3. Section 5-2 of the Wheat Ridge Code of Laws, providing definitions related to the building code, is hereby amended to read as follows: Sec. 5-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:. Terms that are not defined in this code but are defined in the adopted codes of section 5-75 shall have the meanings ascribed to them in those codes and those definitions shall prevail unless amended below. Terms not defined by this chapter or by the codes listed under section 5-75 shall have the ordinarily accepted meanings such as the context implies. […] Building official: The chief building official or his an authorized representative; also referred to as the code official, building code official, or CBO. […] Division: The building inspection division of the department of community development; also referred to as the building division. Fire code official: The fire chief of any fire district serving the city, or their authorized representative, who is charged with the administration and enforcement of the International Fire Code (IFC). The fire code official shall have the same authority this code provides to the building code official as it relates to the IFC. […] A mMunicipal licensed contractor: A contractor who is authorized, upon issuance of a "right-of-way construction permit," to work within the public way under the provisions of chapter 21. […] Valuation: For the purposes of permit review and fee calculation, valuation refers to the total fair market value of all construction work, including all materials and all labor. Valuation applies regardless of who performs the work; this means that even if a 3 property owner completes the work themselves, the value of labor must still be included. Permit fees are assessed based on this total valuation in accordance with the adopted fee schedule. Section 4. Sections 5-3, 5-4, and 5-5 of the Wheat Ridge Code of Laws, regarding scope, resolution of conflicts, and enforcement and remedies, are hereby deleted in their entirety; and sections 5-3 through 5-20 are reserved for future enactment. Section 5. Article II of Chapter 5 of the Wheat Ridge Code of Laws, regarding administration and enforcement, is hereby repealed in its entirety and reenacted to read as follows: ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 5-21. Scope and general requirements. (A) Scope. The provisions of this chapter shall extend to and govern the following: (1) Construction, addition, alteration, repair, demolition, conversion, removal, moving, occupancy and maintenance of any building, structure, utility service hereafter constructed or other work in the public way. (2) Alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, structure, utility service heretofore constructed or other work in the public way. (B) Applicability. The administrative regulations contained herein below shall apply to all codes adopted by this chapter in section 5-75. Sec. 5-22. Applicability. (A) General - Resolution of conflicts within the code. If a general requirement of the code conflicts with a specific requirement, the specific requirement shall apply. If two specific requirements differ, the more restrictive requirement shall apply. The chief building official may exercise discretion in resolving provisions to achieve the intent of the code. (B) Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. (C) Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. (D) Conflicts with referenced code and standards. When this chapter conflicts with other provisions of law, ordinance, or regulation, the more restrictive provision shall govern. Where different sections of this chapter or other adopted codes specify different requirements, the chief building official may exercise discretion in resolving provisions to achieve the intent of the code. 4 (E) Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (F) Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code. (1) Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of this code or the International Residential Code, as applicable, for new construction or with any current permit for such occupancy. (2) Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (4) Change in Occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any provision of the code applicable to the new occupancy without approval of the code official. The code official will issue a new certificate of occupancy when such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare. (5) Historic structures. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or city as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings. Sec. 5-23. Building division. (A) Creation of enforcement agency. The Building Division within the Community Development Department is hereby created and the official in charge thereof shall be known as the building official. The function of the division shall be the implementation, administration and enforcement of the provisions of this code. (B) Appointment. The building official shall be appointed by the Community Development Director. 5 (C) Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official. Sec. 5-24. Duties and powers of building official. (A) General. The building official is hereby authorized and directed to enforce the provisions of this code, including all referenced codes in section 5-75. The building official shall have the authority necessary to carry out the duties described in the following subsections. (B) Determination of compliance. The building official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: a. Shall be in compliance with the intent and purpose of this code. b. Shall not have the effect of waiving requirements specifically provided for in this code. (1) Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official. (2) Technical assistance. To determine compliance with this code, the building official is authorized to determine compliance with this code, to require the owner or owner’s authorized agent to provide a technical opinion and report. a. Cost. A technical opinion and report shall be provided without charge to the city. b. Preparer qualification. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. c. Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations. d. Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to 6 require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official. (3) Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code. This exception shall not apply to alternative structural materials or to alternative structural designs. a. Approval authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with subsections b through g below, as applicable. b. Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved. c. Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. d. Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: i. Quality. ii. Strength. iii. Effectiveness. iv. Durability. v. Safety, other than fire safety. vi. Fire safety. e. Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use 7 configuration. Tests shall be performed by a party acceptable to the building official. f. Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the building official. g. Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with the following: i. Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the building official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official. ii. Other reports. Reports not complying with subsection g.(i) above shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional h. Peer review. The building official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the building official. (4) Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided that the building official shall first find that one or more special individual reasons make the strict letter of this code impractical, and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety. a. Flood hazard areas. Construction, alteration, or relocation of any structure within a designated flood hazard area shall comply with chapter 26, article VIII of the Wheat Ridge Code of Laws. The building official has 8 no authority to modify, waive, or approve deviations from those floodplain requirements, which remain under the jurisdiction of the city’s designated floodplain administrator; however the building official retains authority to enforce any provision of this code relative to the flood- resistant design and construction of any structure in a flood hazard area. (C) Applications and permits. The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. (D) Right of entry. (1) Generally. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, or whenever the chief building official or an authorized representative, or any authorized inspection personnel of the fire departments or health department, has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazardous, unsafe or dangerous for any reason specified in this chapter or other similar law, the chief building official or an authorized representative hereby is authorized to enter such property at any reasonable time, or during normal business hours, and to inspect the same and perform any duty imposed upon the chief building official by this chapter or other applicable law; provided that: a. If such property is occupied, proper credentials shall first be presented to the occupant and then the reasons for entry shall be explained. b. If such property is unoccupied, a reasonable effort shall first be made to locate the owner or other persons having charge or control of the property and request entry, and then the reasons for entry shall be explained. If such entry is refused or cannot be obtained because the person having control of the property cannot be found after due diligence, the chief building official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property. (2) Immediate entry. Notwithstanding the foregoing, if the chief building official or an authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, they shall have the right to enter immediately and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied, and whether or not permission to inspect has been obtained. If the property is occupied, proper credentials shall first be presented to the occupant and then the reasons for entry shall be explained. (3) Owner’s refusal to permit. No person shall fail or refuse, after proper demand has been made as provided in this section, or the chief building official has 9 determined immediate entry is required, to permit or obstruct the chief building official or an authorized representative in making any inspection. Any person violating this section shall be guilty of a misdemeanor. (E) Identification. The building official and authorized representatives shall carry proper identification when inspecting structures or premises in the performance of duties under this code. (F) Notices and orders. The building official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with sections 5-34, 5-35, and 5-36 as applicable. (G) Official records. The building official shall keep all records of the division, including applications, permits, plans, specifications, inspection reports, and other related documents, in a safe and secure manner. Records may be maintained in paper, microfilm, or digital format. (1) Retention. All such records shall be retained in accordance with guidance provided by the city clerk’s office for compliance with state law. (2) Public access. Records of the building division shall be open for public inspection during normal business hours as follows: a. Investigation records. . Records pertaining to an ongoing investigation with respect to a potential violation of this code may not be inspected or copies provided unless by order of a court or upon approval by the office of the city attorney. b. General records. Records other than investigation records and stamped plans, unless identified as confidential, shall be made available for public inspection without the necessity of a written open records request. Copies of such records shall be made upon the filing of a records request on the city’s required form for the same. c. Stamped plans. i. Property owners shall have the right to access and obtain copies of plans for their own structures. ii. Architect- or engineer-stamped plans that may constitute trade secrets or confidential commercial information under C.R.S. 24- 72-204(3)(a)(IV) shall be subject to the following procedure: • The City shall notify the stamp-holder of any request for copying and provide an opportunity to assert a claim of confidentiality within a specified timeframe, generally no less than 14 days. • If no claim is made or consent to release is provided, the city shall provide copies. 10 • If a claim is made, the stamp-holder shall be responsible for any legal costs if the city’s refusal to disclose is challenged in court. (H) Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, as officials, agents, and employees of the city are fully entitled to immunity and defense by the city of their actions as guaranteed to them by the Colorado Governmental Immunity Act C.R.S. 24-10-101 et. seq. (I) Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. (1) Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved. Sec. 5-25. Permits. (A) Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. (1) Fire district permit. In addition to permits issued by the city, any work regulated under this code may also require submission, review, and approval by the fire code official to ensure compliance with the International Fire Code. Operational permits may be required pursuant to IFC section 105 and section 5-86 below. (2) Floodplain permit. In addition to permits issued by the building division, any property within the floodplain may also require submission, review, and approval by the floodplain administrator to ensure compliance with the city’s floodplain regulations in chapter 26, article VIII. (B) 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 the city. 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 3 feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 11 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. 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 IBC 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. 14. Less than one (1) square (100 square feet) aggregate area of roofing. 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. 12 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. (1) Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. (2) Public agencies. No person nor the federal, state, county or city government or any agency, subdivision or department thereof shall erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert, demolish or change type of occupancy of any building, structure or utility or perform any other work regulated by this chapter or cause the same to be performed, without first having obtained a permit for the specific work to be performed from the building inspection division. Permits shall not be transferable. (3) Utilities. permit shall not be required of a utility, for the repair and maintenance of the equipment and facilities located outside the public way but within a utility easement when used in the distribution of such utility. (4) Public Schools. Public schools shall not be required to obtain a permit to erect, construct, enlarge, remodel, alter, repair or improve any school buildings owned and operated by them in active and exclusive use for classroom educational purposes. All such facilities remain subject to all other requirements of this Code, including chapter 26 (Zoning and Development). (C) Application for permit. (1) Development approval required. As required by chapter 26, site development review and zoning and/or engineering approval may be necessary prior to submittal of a building permit application. This includes, but is not limited to, 13 new construction, additions, alterations, site development, and other required entitlements. (2) Authorized applicant. Permit applications may be submitted by the property owner, a licensed contractor, an architect, or other authorized agent. If the applicant is not a licensed contractor, the permit shall not be approved until the licensed individual or entity authorized to perform the work under chapter 5, article IV is listed on the permit. If the permit qualifies as a homeowner contractor permit, as defined in section 5-101, the applicant must be the homeowner. (3) Application to be filed. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the division. Such application shall: a. Identify and describe the work to be covered by the permit for which application is made. b. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work. c. Indicate the use and occupancy for which the proposed work is intended. d. Be accompanied by construction documents and other information as required in section 5-27 below. e. State the valuation of the proposed work. f. Be signed by the applicant or the applicant's authorized agent. g. Give such other data and information as required by the building official. (4) Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. (5) Time limit of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. (D) Validity of permit. 14 (1) Issuance of a permit or approval of plans and specifications shall not be construed to permit any violation of this chapter, any other chapter of this Code, or any applicable law, ordinance, rule or regulation. (2) A permit shall be invalid if the work performed results in a violation of this chapter or other applicable law. Where such a violation occurs, and correction notices are not complied with, the permit may be suspended or revoked and the building, structure or utility shall be brought into compliance or removed or demolished. (3) The issuance of a permit based on construction documents and other data shall not prevent the building official from later requiring correction of errors in the construction documents and other data or from stopping unlawful activity being conducted under the permit. (4) The building official shall provide notice and an opportunity to correct conditions before revoking a permit, except where immediate action is necessary to protect public health or safety. (5) Permits shall not be transferable. (E) Expiration. (1) Term. Every permit shall expire if the work authorized by such permit is not commenced within one hundred eighty (180) days from the issue date of such permit or if the work authorized is suspended or abandoned for a period of one hundred twenty (180) days at any time after the work is started. (2) Automatic extensions. Completion of an approved inspection that demonstrates substantial progress toward project completion shall automatically extend the permit expiration date by 180 days from the date of the passed inspection. Inspections conducted solely to maintain an active permit without substantial work performed shall not result in an extension. (3) Requested extensions. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing prior to the permit expiration and justifiable cause demonstrated. (F) Suspension or revocation. (1) Authority. The building official is authorized to suspend or revoke a permit issued under the provisions of this code for any of the following reasons: a. Whenever there is a violation or suspicion of a violation of any provision of this chapter or any city ordinance which the division is empowered to enforce, or b. Whenever the permit issued in error or on the basis of incorrect, inaccurate or incomplete information, or 15 c. Whenever the continuance of any work becomes dangerous to life or property. (2) Notice. The notice of revocation or suspension of the permit in every instance shall be in writing and shall be served upon the holder of the permit, the owner of the property, or the person having charge of the work. After the notice is served, it shall be unlawful to proceed with any work for which such permit was issued. Revoked permits shall be canceled. Reinstatement of a revoked permit shall only be by written notice from the building official. (G) Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. Sec. 5-26. Reserved. Sec. 5-27. Construction documents. (A) General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, and other data shall be submitted with each permit application in a digital format as allowed by the building official. The construction documents shall be prepared by a registered design professional when required by the city or the State of Colorado. 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 review of construction documents is not necessary to obtain compliance with this code. (B) Construction documents. (1) General information. Construction documents, drawn by hand or electronically, shall be dimensioned and scaled. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and shall show in detail that the work proposed will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. (2) Fire protection system shop drawings. Shop drawings for the fire protection systems shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in the applicable sections of this code. (3) Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, 16 and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. (4) Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive barrier and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used. (5) Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions. (6) Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. If applicable, the site plan shall show flood hazard areas, floodways, and design flood elevations and comply with chapter 26, article VIII. (7) Structural information. The construction documents shall provide the information specified in IBC Section 1603 or IRC braced wall design, as applicable. (8) Relocatable buildings. Construction documents for relocatable buildings shall comply with IBC Section 3112, as applicable. (9) Mechanical, electrical, and plumbing drawings. Construction documents shall include information necessary to demonstrate compliance with the IMC, NEC, and IPC. Such details shall include, but not be limited to: 17 a. The name, signature and address of the person or firm responsible for preparation of such drawings and specifications. The seal and signature of the engineer(s) and/or architect(s) responsible for the preparation of such drawings and specifications shall appear on each drawing. b. Mechanical drawings shall include equipment types and sizes, heating/cooling loads, system layouts, and details for heating, ventilation, cooling, and fire protection systems. c. Electrical drawings shall include service diagrams, load calculations, panel locations, conductor sizes, and a complete layout of electrical systems. d. Plumbing drawings shall include floor plans and riser diagrams showing pipe sizes, grades, fixture and appliance locations, and direction of flow. (10) Energy compliance information. Construction documents shall include information necessary to demonstrate compliance with the International Energy Conservation Code (commercial and residential provisions, as applicable). Such details shall include, but not be limited to: a. Energy compliance path, insulation materials and R-values, fenestration U-factors and SHGCs, and related calculations. b. Air sealing and air barrier details. c. Mechanical and service water-heating system design, types, sizes, and efficiencies. d. Duct and pipe insulation, sealing, and locations. e. Lighting fixture schedule, wattage, and control narrative. f. Solar-ready zone, structural design loads, and conduit pathways to electrical service panel. g. EVSE requirements, including number, type, and location of installed, EV- ready, and EV-capable spaces, conduit pathways, and termination points. h. Energy storage system (ESS) location, layout, and rated capacity where applicable. i. State-required forms and documents, such as energy compliance reports and Manuals J, S, and D (11) Additional information required by the building official may include: a. Reports of an independent testing agency which substantiates the requirements of this chapter regarding structural or fire resistive characteristics of the building or portion thereof. b. Calculations indicating the determination of sizes of elements of the structure. 18 c. Complete elevator layout. d. Any other information that may be deemed necessary in the determination of compliance with requirements of this code. (C) Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. (1) Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp. 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. (2) Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. (3) Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. (4) Design profession in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. 19 a. Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. (D) Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. (E) Retention of construction documents. Refer to section 5-24(g). Sec. 5-28. Temporary structures, equipment and systems. (A) General. The building official is authorized to issue a permit for temporary structures, equipment or systems. Such permits shall be limited as to time of service and shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. (B) Conformance. Temporary structures and uses shall comply with the requirements of this code, including the building code, fire code, and zoning code and all other applicable laws and ordinances. (C) Temporary service utilities. The building official is authorized to give permission to temporarily supply service utilities in accordance with this code. (D) Termination of approval. The building official is authorized to terminate such permit for a temporary structure, equipment or system and to order the same to be discontinued. Sec. 5-29. Fees. (A) Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. (1) Additional fee calculation. The fee for a supplementary or amended permit to cover any additional valuation not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire valuation. (2) Expired permits. Before the work associated with an expired permit can be commenced or resumed, a new permit shall be obtained and the fee therefor 20 shall be one-half the amount required for the original permit, provided that no changes have been made in the original drawings and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one (1) year. If the permit holder can demonstrate that the suspension or abandonment was occasioned by circumstances beyond his control and that it would be an injustice to require a fee for a new permit, the same may be issued without charge at the sole discretion of the chief building official. (B) Schedule of permit fees. All fees related to building permit review and processing under this chapter shall be established by council resolution. Building permit fees shall not include cost of land or public improvements associated with purchase of land for construction of the structure. (C) Permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuation shall include the value of all work, including all materials and all labor, for which the permit is being issued, such as foundation, structural and non-structural building components, electrical, gas, plumbing, mechanical, and interior finish materials. A minimum project valuation shall be also calculated by the building official based on the February building valuation data (BVD) promulgated and published by the International Code Council (ICC). The BVD represents average costs-of-construction based on typical construction methods for each occupancy group and type of construction. The higher of the applicant stated valuation and the building official’s minimum calculated valuation shall be used to determine building permit fees. The final building permit valuation set by the building official under the foregoing procedure is the final decision of the city, appealable only to the district court. (D) Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. (E) Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. (F) Refunds. The building official shall authorize the refunding of fees as follows: (1) Erroneous payments. For any fee that was erroneously paid or collected, the full amount shall be refunded. (2) Issued permit. For a permit that is issued but no work is completed, up to eighty (80) percent of the permit fee paid may be refunded. (3) Application withdrawn or canceled. 21 a. For a permit application that is withdrawn or canceled before any plan review effort has commenced, up to eighty (80) percent of the plan review fee paid may be refunded. b. For a permit application that is withdrawn or canceled after any plan review effort has commenced, up to fifty (50) percent of the plan review fee paid may be refunded with consideration for the extent of the review. A completed plan review may result in no refund of the plan review fee. (4) Revoked permit. For a permit that is revoked for cause per section 5-25, the permit fee shall not be refunded. (5) Expired permit. For permits that have expired, the permit fee shall not be refunded. Sec. 5-30. Inspections. (A) General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (1) The building official is authorized to determine the inspection method necessary to confirm compliance with this code, such as in-person inspection by the code official or designee, inspection or certification by a third-party, or other method. The building official’s determination in this regard is final and unappealable. (2) Incidental to any of these duties and powers, but without limitation of same, the division shall conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter and shall investigate or cause to be investigated all accidents pertaining to buildings, structures or utilities for the purpose of ascertaining whether the requirements of this chapter have been violated. (B) Preliminary inspections. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. (C) Required inspections. The building official, upon notification, shall make the inspections set forth in this section. 22 (1) Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. (2) Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. (3) Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612.4 or the International Residential Code, as applicable, shall be submitted to the building official. (4) Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. (5) Types IV-A, IV-B and IV-C connection protection inspection. In buildings of Types IV-A, IV-B and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of IBC Section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed. (6) Lath and gypsum panel product inspection. Lath and gypsum panel product inspections shall be made after lathing and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly (7) Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved. Exception: Where special inspections are provided in accordance with IBC Section 1705.1.1, item 3. (8) Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 23 (9) Energy efficiency inspections. Inspections shall be made to determine compliance with IBC Chapter 13 and the energy codes and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency. (10) Mechanical, plumbing and fuel gas. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. Rough-in inspection shall be made after the roof, framing, fireblocking and bracing are in place and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. (11) Special and other inspections. In addition to the inspections specified in this section, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the building division. (12) Final inspection. The final inspection shall be made after all work required by the permit is completed. a. Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor or the elevation of dry floodproofing, if applicable, as required in chapter 26 of the Wheat Ridge Code of Laws shall be submitted to the floodplain administrator prior to the final inspection. (D) Inspection agencies. (1) The building official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. (2) Inspection by other reviewing agencies, including but not limited to the fire official, health department, zoning, engineering, and public works may be required for compliance with this and other codes. (E) Inspection requests. It shall be the duty of the holder of the building permit, or the permit holder’s duly authorized agent, to notify the building division when work is ready for inspection. The permit holder shall provide access to and means for inspection of such work as required by this code. (1) Procedures. The building official is authorized to establish the procedures for requesting inspections, including but not limited to the method of request, required information, deadlines or cutoff times for same-day or next-day scheduling, and any limitations on available times. Such procedures shall be published and made publicly available. 24 (2) Fees. All fees related to special inspection services, including after-hours inspections, same-day or expedited inspections, re-inspections, and other nonstandard inspection requests, shall be established by council resolution. (3) Compliance. Failure to follow established procedures or to provide proper access to the work shall be grounds for deferral or denial of the inspection and may result in re-inspection or special inspection fees, as applicable. (4) Other Agencies. Where inspections are required by other agencies having jurisdiction, including but not limited to the fire code official, health department, or utility providers, such inspections shall be requested directly from those entities in accordance with their adopted procedures. (F) Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or the permit holder’s agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. (1) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (2) Approval of one (1) portion of work upon inspection shall not constitute approval of any other portion of work requiring inspection. (G) Inspection programs. The building official is authorized to establish a program of regular and continuous inspection of existing manufacturing, commercial and residential buildings and structures within this city to provide and maintain the minimum standards of public health and safety required by this code. (1) Such a program of inspection hereby is authorized and approved, and the appropriate fire departments and health department, having jurisdiction in the city, and the building inspection division, are authorized and directed to make such inspections of such property as they determine are required to make such a program effective. (2) In the implementation of such a program of inspection, the duly authorized inspection personnel of such departments hereby are authorized and directed to use all means provided by law to such inspections. Sec. 5-31. Certificate of occupancy. (A) Change of occupancy. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. 25 Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with section 5-25. (B) Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department, the building official shall issue a certificate of occupancy that contains the following: (1) The permit number. (2) The address of the structure. (3) The name and address of the owner or the owner’s authorized agent. (4) A description of that portion of the structure for which the certificate is issued. (5) A statement that the described portion of the structure has been inspected for compliance with the requirements of this code. (6) The name of the building official. (7) The edition of the code under which the permit was issued. (8) The use and occupancy, in accordance with the provisions of IBC Chapter 3. (9) The type of construction as defined in IBC Chapter 6. (10) The design occupant load. (11) Where an automatic sprinkler system is provided, whether the sprinkler system is required. (12) Any special stipulations and conditions of the building permit. (C) Temporary occupancy. The building official is authorized, in their sole discretion, to issue a temporary certificate of occupancy prior to completion of all work covered by a permit, provided that the portion of the building or structure to be occupied can be occupied safely. (1) Application. An application shall be submitted on forms provided by the city and shall include: a description of the areas or uses for which temporary occupancy is requested; a statement of justification identifying the need for temporary occupancy and the requested duration; and documentation of the status and anticipated completion of outstanding work. 26 (2) Fee. A nonrefundable fee shall be paid in accordance with the city’s adopted fee schedule. (3) Approval and limitations. A temporary certificate of occupancy shall be issued only upon demonstration of justifiable cause and a finding by the building official, in consultation with other reviewing agencies as appropriate, that all required life safety measures and related approvals have been satisfied. Temporary occupancy shall be considered on a case-by-case basis and may be limited to activities such as stocking, staff training, or other transitional uses. Public occupancy under a temporary certificate of occupancy is prohibited unless expressly authorized by the building official. (4) Duration. The building official shall establish the expiration date of the temporary certificate of occupancy. Extensions may be requested in writing, with justifiable cause demonstrated, and shall be granted at the sole discretion of the building official. (D) Revocation. The building official is authorized to suspend or revoke a certificate of occupancy, a temporary certificate of occupancy, or certificate of completion whenever the certificate is issued in error, issued on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this code or any other applicable law or ordinance of the city. (1) Notice. Revocation shall be by written notice to the owner or occupant, stating the code basis for the action, the effective date (immediate or later), and any conditions for reinstatement. (2) Immediate action. Where an imminent threat to life safety exists, revocation may be made effective immediately upon oral notice or posting of the premises, with written confirmation to follow as soon as practicable. (3) Posting. The premises may be posted with a notice of “Certificate of Occupancy Revoked” or “Unsafe to Occupy” or similar, as determined by the building official, to communicate the limitations on use or occupancy. Such posting is not required for the effectiveness of the revocation. (4) Reinstatement. A revoked certificate may be reinstated by the building official upon correction of violations and verification by inspection, including payment of any applicable fees. (5) Appeals. The owner or occupant may appeal the revocation in accordance with section 5-33. (E) Preventing Occupancy. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the city. 27 Sec. 5-32. Service utilities. (A) Connection of utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the building official. (B) Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, the source of energy, fuel, or power, or the water system or sewer system for the purpose of testing systems or for use under a temporary approval. (C) Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by this code. The building official shall notify the serving utility, and wherever possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. Sec. 5-33. Means of appeals. (A) General. Appeals of decisions, orders, or determinations made by the building official or the fire code official under this chapter shall be heard by the City of Wheat Ridge Building Code Advisory Board, as established in section 2-59 of the Wheat Ridge Municipal Code. Whenever this code refers to a “board of appeals,” such references shall mean the Building Code Advisory Board. (B) Jurisdiction and authority. (1) The Board shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire code official relative to the application and interpretation of this code. (2) 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 this code do not fully apply; or an equivalent or better form of construction is proposed. (3) The Board shall not have authority to waive requirements of this code, nor to recommend or approve any action that decreases public safety or violates county, state, or federal law. (C) Qualifications and procedure. The board of appeals shall consist of members qualified by experience and training in matters pertaining to this code, with appointments and qualifications consistent with section 2-59. Appeals shall follow 28 the processes and procedures established in section 2-59, including application deadlines and hearing procedures. (D) Decision and administration. The building official shall take action without delay in accordance with the decision of the board. Sec. 5-34. Stop work order (A) Authority. Where the building 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 official is authorized to issue a stop work order. (B) Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order. The stop work order may simply require work to be halted until further notice, or it may order work to be stopped and specify the corrective actions required for compliance. (C) Emergencies. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. (D) Compliance. (1) Written notice of corrective actions shall be provided by the building official and may include, but are not limited to, application for or issuance of a permit, removal of unpermitted construction, restoration of the site to a safe condition, and the required timeline for corrective action. (2) Unless otherwise specified in the stop work order or the notice of corrective action, the property owner or authorized agent shall, within ten (10) days of service of the order and/or notice, either: a. Submit a complete application for the required permit(s); or b. Contact the building division to establish an acceptable remedy. (3) Work shall not resume until the building official determines that compliance has been achieved and authorizes resumption of the work. (E) Failure to comply. (1) Any person who fails to comply with the corrective actions or deadlines prescribed under subsection (d) shall be subject to the penalties provided in section 5-36. (2) Any person who continues or resumes work after service of a stop work order, except as authorized by the building official, shall be subject to the penalties provided in section 5-36. 29 Sec. 5-35. Unsafe structures. (A) Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. (B) Notice. If an unsafe condition is found, the building official shall provide written notice to the owner of the structure, or the owner’s authorized agent, that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. (1) Method of service. Service of a notice of an unsafe condition on the responsible party shall be by any of the following means: a. The code officer may personally deliver a copy of the notice of violation to a responsible party; or b. A copy of the notice may be mailed by first class mail to the last known address of a responsible party as reflected in the county real estate records; or c. A copy of the notice of violation may be posted in a conspicuous place at the site of the violation. (C) Posting. The premises may be posted with a notice of “Unsafe to Occupy” or similar, as determined by the building official, to communicate the limitations on use or occupancy. (D) Immediate action. (1) Where the building official determines that an imminent threat to life safety exists, the building official is authorized to enter the premises, order immediate evacuation, and post the structure or premises with a notice of “Unsafe to Occupy” or similar designation. (2) Such immediate measures may be taken prior to service of written notice under subsection (B). Oral notice to occupants or responsible persons present shall be given where practicable, with written notice to the owner or authorized agent provided as soon as reasonably possible thereafter. (3) Any person so ordered shall immediately comply with the building official’s direction to vacate, secure, or otherwise abate the unsafe condition pending further action. 30 (E) Restoration or abatement. (1) Required. The owner, or any responsible party including an authorized agent, operator, or occupant, shall abate unsafe conditions by repair, rehabilitation, demolition, or other approved corrective action, as directed by the building official. (2) Code compliance. To the extent that repairs, alterations, additions, or a change of occupancy occur during restoration, such work shall comply with the requirements of the International Existing Building Code and this code. (3) Permits required. All required permits for abatement compliance actions, construction or demolition shall be obtained in accordance with this code. (4) The building official may issue a permit or permits for the required compliance actions by the owner which may include a permit expiration date shorter than the standard 180-day timeline. (F) Failure to comply. (1) Any person who fails to comply with the corrective actions, deadlines, or requirements prescribed under subsections (D) and (E) shall be subject to the penalties provided in section 5-36. (2) Any person who continues to occupy, to use, or to permit the occupancy or use of a structure after it has been posted as unsafe to occupy shall be subject to the penalties provided in section 5-36. Sec. 5-36. Violations and enforcement. (A) Unlawful act. It shall be unlawful for any person, firm, or entity to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or to allow such actions, in violation of this code, any permit issued under this code, or any order of the building official. (B) Procedures Alternate. The authorized city official may take any or all of the following enforcement actions upon a determination by that official that an unlawful act as described above has taken place: (1) Issue one or more stop work orders as provided by section 5-34 above, (2) Issue notice of violation under code section 2-83, followed by an administrative citation under code section 2-84, and/or (3) Issue a citation into the municipal court under enforcement under code section 1-6. (C) Violation Penalties. Any person or entity who violates this code, a stop work order, or an unsafe structure order shall be guilty of a misdemeanor, punishable as set forth in section 1-5. (1) Each day the violation continues constitutes a separate offense. 31 (2) Persons under 18 years shall not be imprisoned. Secs. 5-37—5-43. Reserved. Sec. 5-44. Compliance with subdivision regulations. Prior to the issuance of a certificate of occupancy for new construction of a dwelling or main building, applicable subdivision regulations existing at the time the building permit was issued shall be complied with by the owner or his assigns. This shall include the proper installation of curb, gutter and sidewalk in compliance with the adopted standards, installation of streets adjacent to the building site as required by the regulations, installation of proper fire hydrants to meet the standards adopted, proper connection to public water and sewer facilities as required by the regulations, and compliance with other adopted standards. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-45. Public improvements required. (A) Applications for building permits shall be reviewed by the community development director to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other improvements as may be required by this section or the subdivision regulations. (B) The requirements of sections 26-413, 26-414, 26-415, 26-417, and 26-418 pertaining to public improvements and the dedication of streets, parks, and public sites shall apply to any site development regardless of whether the application is subject to subdivision review. (C) If a fee-in-lieu of parkland dedication is required by section 26-414, the requirement shall be included as a condition of approval on the building permit and payment shall be made to the city prior to issuance of a building permit. (D) If public improvements are required by section 26-417, the requirement shall be included as a condition of approval on the building permit. If fees are paid in lieu of construction as provided in section 26-417, payment shall be made to the city prior to issuance of a building permit. (E) Any owner, contractor or developer who is aggrieved by a decision of the community development director requiring installation of such public improvements or payment of funds in lieu of construction shall have the right to appeal the director's determination to the board of adjustment pursuant to section 2-61. (F) The community development director shall have the authority to close any escrow held by the city under the prior version of this section, for commercial or industrial projects and refund the monies to the original depositor, upon satisfaction of the following conditions: 32 (1) The escrow has been held by the city for ten (10) years or more; (2) Written notice and an opportunity for hearing before the public works director shall be given by certified mail to the last known address of the developer; (3) The director must find that the original purpose of the escrowed funds has been or cannot be fulfilled. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1503, § 1, 10-10-11; Ord. No. 1528, § 1, 10- 22-12; Ord. No. 1547 , § 3, 4-28-14; Ord. No. 1683 , § 6, 1-27-20) Sec. 5-46. Permissible hours of construction activities; temporary waivers. (A) Construction activities are limited to the hours of 7:00 a.m. to 7:00 p.m. of the same calendar day, with the following exceptions: (1) Construction activities required to address an immediate threat to the health, safety or welfare of any person. (2) Construction activities that do not otherwise violate section 16-103 of this Code, concerning unreasonable noise and disturbing the peace. (3) Construction activities authorized by a temporary waiver from the requirements of this section issued by the community development director. Any person may file a written request for a temporary waiver from this section to the community development director, no less than fourteen (14) days before the first day of the proposed construction activity, specifying the proposed scope of work, dates and hours of construction activity and how the proposed activity meets the requirements of this paragraph (3). In an application for a waiver, the burden shall be on the applicant to establish that the expanded hours are necessary based on construction-related best practice or convenience and provided that every effort has been made to minimize detrimental impacts to the general health, welfare, safety and convenience of persons residing or working in the neighborhood and the expanded hours will not be injurious to property or improvements in the community. The community development director is authorized to impose conditions and limitations on any granted waiver designed to ensure that the requirements of this paragraph are met. Upon approval of a temporary waiver the community development director shall promptly provide written notice of said waiver to property owners within three hundred (300) feet of the property for which the waiver has been granted. The community development director may revoke, suspend or modify any previously-granted waiver upon a finding that any activity conducted thereunder has failed to satisfy the requirements of this paragraph or has violated any term or condition of the waiver. The applicant shall be promptly notified of any such revocation, suspension or modification in writing, which notice shall be sent by certified mail, return receipt requested, to the mailing address provided in the waiver application, and posted in a conspicuous place at the work site. 33 (B) As used in this section, "construction activities" includes all activities related to the building, repair, maintenance or alteration of a building or structure for which a permit is required by this chapter, by way of illustration only and not by way of limitation: Pouring concrete and idling of concrete mixing trucks; operating construction-related equipment; performing outside construction work for the purposes of erection, demolition, excavation, alteration or repair of any building, structure or project; operating a pile driver, power shovel, pneumatic hammer, derrick, power hoist or other construction-type device; and loading and unloading of construction materials or idling of delivery trucks. (Ord. No. 1630 , § 2, 11-27-17) Secs. 5-47—5-74. Reserved. Section 6. Article III of Chapter 5 of the Wheat Ridge Code of Laws, regarding technical codes, is hereby repealed in its entirety and reenacted to read as follows: ARTICLE III. TECHNICAL CODES Sec. 5-75. Building codes adopted by reference. (A) Adopted Codes. The following codes are hereby adopted by reference and incorporated into this article as though fully set forth herein as the building code of the City of Wheat Ridge. Appendices are adopted only as noted. (1) 2024 International Building Code (IBC), excluding Chapter 1 (2) 2024 International Residential Code (IRC), excluding Chapter 1 and with the following appendices: BB, BE, BF, BO, CA, CB, CC, CE, CF, and CH (3) 2024 International Fuel Gas Code (IFGC), excluding Chapter 1 but retaining Section 102 (4) 2024 International Mechanical Code (IMC), excluding Chapter 1 but retaining Section 102 (5) 2024 International Plumbing Code (IPC), excluding Chapters 1 and 14 but retaining Section 102 (6) 2024 International Energy Conservation Code (IECC), excluding Chapter 1 but retaining Sections C102, R102, C107, and R107 (7) 2024 International Existing Building Code (IEBC), excluding Chapter 1 (8) 2024 Swimming Pool and Spa Code (ISPSC), excluding Chapter 1 but retaining Sections 102 and 111 (9) 2024 International Private Sewage Disposal Code (IPSDC), excluding Chapter 1 (10) 2024 International Property Maintenance Code (IMPC), excluding Chapter 1 but retaining Section 102 34 (11) 2024 International Fire Code (IFC), excluding Chapter 1 but retaining Section 105 and adopting the following appendices: B, C, D, F, H, O (12) National Electric Code, latest edition adopted by the Colorado State Electrical Board (13) Accessible and Usable Buildings and Facilities standard (ICC/ANSI A117.1) (14) Colorado Model Electric Ready and Solar Ready Code (15) Colorado Model Low Energy and Carbon Code, excluding Chapter 1 but retaining Sections C102, R102, C107, and R107 (B) Copies. One (1) copy of the adopted codes shall be available in the office of the division and may be inspected during regular business hours. (C) Local Amendments. Except as otherwise provided hereafter, such codes are adopted in full. Sec. 5-76. Building code. (A) Adoption. The International Building Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IBC" or the "building code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Other codes referenced elsewhere in this code shall be considered to be part of the requirements of the IBC to the prescribed extent of each such reference. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Building Code. Chapter 1. Delete in its entirety; refer to article II above for administrative provisions. 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. 35 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 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 36 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 R-3 one and two family dwellings and home-based day cares up to twelve (12) children, 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. 1507.2.6 Attachment. Amend to read in its entirety: 1507.2.6 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 21 units vertical in 12 units horizontal (21:12) shingles shall be installed as required by the manufacturer. 1507.2.7 Ice barrier. Amend to read in its entirety: 1507.2.7 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. Ice barrier shall be inspected during mid-roof inspection. Exception: Detached structures and attached garages that contain no conditioned floor area. 1607.2.1 Hoop house roof load. Amend to add as follows: 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 add at the end of the section: All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado. 3001.3 Referenced Standards. Amend to read in its entirety: 3001.3 Referenced Standards. Except as otherwise provided for in this Code, the design, construction, installation, alteration, repair and maintenance of 37 elevators and conveying systems and their components shall conform to the applicable standards in Table 3001.3 and ASCE 24 for construction in flood hazard areas established in section 1612.3 of this code. The design, construction installation, alteration, repair and maintenance of elevators and conveying systems shall also conform to ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 and ASME QE-1 and all other standards referenced in Section 2-6-1(1) 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 Tensile membrane structures and air-supported structures. Add the following language to Section 3102.2: For the purpose of this chapter, a hoop house shall be defined as 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 38 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 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. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1276, § 1, 2-11-03; Ord. No. 1337, § 1, 12-13-04; Ord. No. 1360, § 1, 6-12-06; Ord. No. 1450, § 1, 8- 24-09; Ord. No. 1460, § 1, 5-10-10; Ord. No. 1492, § 1, 5-23-11; Ord. No. 1494, §§ 1—9, 6-13-11; Ord. No. 1559 , § 1, 10-13-14; Ord. No. 1682 , § 1, 1-13-20) Sec. 5-77. National electrical code. (A) Adoption. The National Electrical Code (NFPA-70), published by the National Fire Protection Association, is adopted by reference per section 5-75 and shall be known as the “NEC” or the “electrical code” and may be cited and referred to as such. 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. (B) Amendments. The NEC is adopted without local amendment. The administrative provisions of article II above shall apply. (C) Scope. This article covers use and application, arrangement, and enforcement of this code. It also covers the expression of mandatory, permissive, and 39 nonmandatory text, provides guidance on the examination of equipment and on wiring planning and specifies the use and expression of measurements. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1999-1163, § 1, 7-26-99; Ord. No. 1277, § 1, 2-10-03; Ord. No. 1378, § 1, 11-27-06; Ord. No. 1541 , § 1, 8-12-1; Ord. No. 1559 , § 2, 10- 13-14; Ord. No. 1682 , § 2, 1-13-20) Sec. 5-78. Mechanical code. (A) Adoption. The International Mechanical Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IMC" or the "mechanical code" and may be cited and referred to as such. (B) Scope. This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height shall comply with this code or the International Residential Code. (C) 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 2024 International Mechanical Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. 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. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1337, § 2, 12-13-04; Ord. No. 1460, § 2, 5-10-10; Ord. No. 1559 , § 3, 10-13-14; Ord. No. 1563 , § 12, 1-26-15; Ord. No. 1682 , § 3, 1-13-20) 40 Sec. 5-79. Plumbing code. (A) Adoption. The International Plumbing Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IPC" or the "plumbing code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the city. This code shall regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems. The installation of fuel gas distribution piping and equipment, fuel-gas-fired water heaters and water heater venting systems shall be regulated by the International Fuel Gas Code. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Plumbing Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. 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. 903.1.1 Roof Extension Unprotected. Amend to read in its entirety: 903.1 Roof Extension. Open vent pipes that extend through a roof shall be terminated not less than 12 inches (mm) above the roof. 312.10 Shower liner test. Delete in its entirety. 412.3 Individual shower valves. Amend to add section 412.3.1: 412.3.1. Showerheads shall be located on the sidewall of shower compartments or be arranged so the shower head does not discharge directly at the entrance to the compartment and the bather can adjust the valve prior to stepping int the shower spray. 503.4.1 Plastic piping. Amend to read in its entirety: 41 503.4.1 Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure at the time of inspection prior to being connected to the water heater. 503.4.1.1 Plastic Vent Joints. Plastic pipe and fittings used to vent appliances shall be installed in accordance with the appliance manufacturer’s instructions. Plastic pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in accordance with the vent manufacturer’s instructions. Where a primer is required, it shall be a contrasting color. Chapter 14. Delete in its entirety. (D) Greywater - Prohibition and Findings. Except for any systems permitted before the effective date of this section, the installation of graywater treatment works and the use of graywater are prohibited within the City of Wheat Ridge. The City Council finds and determines the adoption of this section is in the best interests of and necessary for the protection of the health, safety, and welfare of the public. This subsection 5-79(D) is enacted pursuant to C.R.S. § 31-15-601(1)(m)(I) and section 4.7 of the home rule charter of the City. The City Clerk is hereby directed to send notice of the adoption of this section to the Division of Administration, Department of Public Health and Environment pursuant to C.R.S. § 31-15-601(1)(m)(I)(B). (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1337, § 3, 12-13-04; Ord. No. 1460, § 3, 5-10-10; Ord. No. 1559 , § 4, 10-13-14; Ord. No. 1682 , § 4, 1-13-20) Sec. 5-80. Reserved. Sec. 5-81. Reserved. Sec. 5-82. Property maintenance code. (A) Adoption. The International Property Maintenance Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IPMC" or the "property maintenance code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of 42 sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (C) 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 2024 International Property Maintenance Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. 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 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. Exceptions: 1. Spas or hot tubs equipped with a lockable safety cover that complies with ASTM F1346. 2. Private swimming pools equipped with a power safety cover that complies with ASTM F1346 and is in working condition using the control switch. 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. 43 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. (Ord. No. 1207, §§ 1—6, 9-25-00; Ord. No. 1337, § 4, 12-13-04; Ord. No. 1559 , § 6, 10-13- 14; Ord. No. 1682 , § 6, 1-13-20) Sec. 5-83. Reserved. Sec. 5-84. Energy codes. (A) Adoption. (1) The International Energy Conservation Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IECC" or the "energy code" and may be cited and referred to as such. (2) The Colorado Model Electric Ready and Solar Ready Code, 2023 edition published by the State of Colorado, is adopted by reference per section 5-75 and shall be known as the "ERSR" or the "state electric and solar code" and may be cited and referred to as such. (3) The Colorado Model Low Energy and Carbon Code, 2025 edition published by the State of Colorado, is adopted by reference per section 5-75 and shall be known as the "LECC" or the "state energy code" and may be cited and referred to as such. (B) Scope. (1) The IECC and the LECC apply to the design and construction of all buildings. The commercial provisions shall apply to the design and construction of buildings not covered by the scope of the IECC—Residential Provisions, and the residential provisions shall apply to the design and construction of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) and Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. The following waivers shall be permitted to be requested if buildings meet the following requirements. (D) Buildings Impacted by a Natural Disaster. The building official is permitted to authorize, upon appeal in specific cases, a waiver from the requirements of IECC Section C410 where, owing to a declared natural disaster that has destroyed buildings or resulted in other exceptional and 44 extraordinary circumstances as determined by building official, and building official determines enforcement of the provisions of IECC Section C410 will result in unnecessary hardship. (E) Substantial Cost Differential Waiver. The building official shall be permitted to authorize, upon appeal, a waiver from the requirements of IECC Section C410 for an applicant with a commercial building with a gross floor area greater than 10,000 square feet (929 m2) that asserts that compliance with IECC Section C410 will result in a substantial cost differential. The building official, when authorizing such a waiver, shall be permitted to waive certain requirements of IECC Section C410 only until the cost differential for compliance with the remaining requirements reaches one percent or less. The burden of proof is upon the applicant to provide substantiation of a cost differential, such as quotes or other licensed design professional analyses as approved by the building official. For the purposes of this section, “substantial cost differential” means costs incurred as a result of compliance with the requirements of IECC Section C410 would exceed one percent of the total mechanical, electrical, and plumbing construction costs inclusive of materials and labor. (2) The ERSR applies to the design and construction of all buildings. The commercial chapters of the ERSR shall apply to commercial buildings, and the residential chapters of the ERSR shall apply to residential buildings. The following waivers shall be permitted to be requested if buildings meet the following requirements. a. Commercial Buildings Greater than 10,000 sq. ft. Commercial buildings that have a gross floor area greater than 10,000 sq. ft. shall be eligible to request a partial waiver to the requirements of this code if they meet the requirements of ERSR Section 102.2. b. Buildings Impacted by a Natural Disaster. The building official is permitted to authorize, upon appeal in specific cases, a waiver from the requirements of this code where, owing to a declared natural disaster that has destroyed buildings or resulted in other exceptional and extraordinary circumstances as determined by the building official, and building official determines enforcement of the provisions of this code will result in unnecessary hardship. c. Substantial Cost Differential Waiver. The building official shall be permitted to authorize, upon appeal, a waiver from the requirements of this code for an applicant that asserts that compliance with this code will result in a substantial cost differential. The building official when authorizing such a waiver, shall be permitted to waive certain requirements of this code only until the cost differential for 45 compliance with the remaining requirements reaches one percent or less. The burden of proof is upon the applicant to provide substantiation of a cost differential, such as quotes or other licensed design professional analyses as approved by the building official. For the purposes of this section, “substantial cost differential” means costs incurred as a result of compliance with the requirements of this code would exceed one percent of total mechanical, electrical, and plumbing construction costs inclusive of materials and labor. (C) Amendments. IECC and LECC Chapter 1. Delete in its entirety, but retain Sections C102 and R102 regarding applicability and C107 and R107 regarding inspections. Refer to article II above for administrative provisions. (Ord. No. 1337, § 5, 12-13-04; Ord. No. 1380, § 1, 12-12-06; Ord. No. 1460, § 4, 5-10-10; Ord. No. 1559 , § 7, 10-13-14; Ord. No. 1682 , § 7, 1-13-20) Sec. 5-85. Residential code. (A) Adoption. The International Residential Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IRC" or the "residential code" and may be cited and referred to as such. (B) Scope. The provisions of this code 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, townhouses not more than three stories above grade plane in height with a separate means of egress, home-based child daycare facilities for twelve (12) or fewer persons within a dwelling unit, and residential accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with the IRC if provided with an automatic sprinkler system complying with NFPA 13D: 1. Live/work units located in townhouses and complying with the requirements of Section 508.5 of the International Building Code. 2. Owner-occupied lodging houses with five or fewer guestrooms. 3.A care facility with five or fewer persons receiving custodial care within a dwelling unit. 4. A care facility with five or fewer persons receiving medical care within a dwelling unit. (C) 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 2024 International Residential Code. 46 Chapter 1. Delete in its entirety; refer to article II above for administrative provisions. Table R301.2: Climatic and Geographic Design Criteria. Table R301.2 shall apply as referenced in this code and is hereby completed as follows: TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA 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) Topographic Effects Weathering Frost line depth Termite 30 psf 135 mph** Vult Exp. C Yes "B" Severe 36" Slight Yes 1979 Firm 1500 45 F Manual J Design Criteria Elevation Altitude Correction Factor Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry-bulb temperature Outdoor winter design dry-bulb temperature Heating Temperature Difference 5459 ft. Varies 59 F 30% 70 1 F 69 F Latitude Daily Range Summer design gains Indoor summer design relative humidity Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling Temperature Difference 40 degrees N High 1% drybulb = 91 degrees F 50% 75 degrees F 91 degrees F 16 degrees F ** Approximately Equivalent to 105 mph Vasd (three second gust) Exposure C (see Table R301.2.1.3 for conversion) R309.1.1: Design and installation. Amend to read in its entirety: R309.1.1: Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D. Section P2904 shall not be used. R309.2: One- and two-family dwellings automatic sprinkler systems. Amend to read in its entirety: R309.2: One- and two-family dwellings automatic sprinkler systems. An automatic sprinkler system is not required to be installed in one- and two-family dwellings, nor is it required for additions or alterations to existing dwellings. R309.2.1: Design and installation. Amend to read in its entirety: 47 R309.2.1: Design and installation. If an automatic sprinkler system is installed in a one- or two-family dwelling, it shall be designed and installed in accordance with NFPA 13D. Section P2904 shall not be used. R401.2.1 Engineered Design Required. Add as follows: R401.2.1 Engineered Design Required. All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado. Exception: Prescriptive monolithic slabs less than 1,000 square feet in size for garages or similar non-habitable occupancies. R403.1.8.2 Wall Framing on Basement Slabs. Add as follow: R403.1.8.2 Wall Framing on Basement Slabs. Non-bearing walls on basement floor slabs should be built to accommodate not less than 1-½ inches of floor movement, unless documented geotechnical observation and written approval by the Engineer of Record indicate such accommodation is not necessary. 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 21 units vertical in 12 units horizontal (21:12) shingles shall be installed as required by the manufacturer. R905.2.7 Ice barrier. Amend to read in its entirety: 905.2.7 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. Ice barrier shall be inspected during mid-roof inspection. Exception: Detached structures and attached garages that contain no conditioned floor area. R905.2.8.4 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. 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 10 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. 48 G2427.4.1(503.4.1) Plastic piping. Amend to read in its entirety. G2427.4.1(503.4.1) Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure at the time of inspection prior to being connected to the water heater. G2427.4.1(503.4.1.1) Plastic Vent Joints. Plastic pipe and fittings used to vent appliances shall be installed in accordance with the appliance manufacturer’s instructions. Plastic pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in accordance with the vent manufacturer’s instructions. Where a primer is required, it shall be a contrasting color. 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. P2708.4 Individual shower valves. Amend to include P2708.4.1: P2708.4.1. Showerheads shall be located on the sidewall of shower compartments or be arranged so the shower head does not discharge directly at the entrance to the compartment and the bather can adjust the valve prior to stepping int the shower spray. P2709.4 Tests. Delete in its entirety. P2904 Dwelling Unit Fire Sprinkler Systems. Delete section in its entirety. P3103.1.1 Roof extension. Amend to read in its entirety: P3103.1.1 Roof extension. Open vent pipes that extend through a roof that dop not meet the conditions of section P3103.1.2 or P3103.1.3 shall terminate not less than 12 inches above the roof. (Ord. No. 1337, § 6, 12-13-04; Ord. No. 1360, § 2, 6-12-06; Ord. No. 1381, § 1, 12-12-06; Ord. No. 1450, § 2, 8-24-09; Ord. No. 1460, § 5, 5-10-10; Ord. No. 1494, § 10, 6-13-11; Ord. No. 1559 , § 8, 10-13-14; Ord. No. 1600 , § 1, 7-25-16; Ord. No. 1682 , § 8, 1-13-20) Sec. 5-86. Fire code. (A) Adoption. The International Fire Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IFC" or the "fire code" and may be cited and referred to as such. 49 (B) Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following: 1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices. 2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises. 3. Fire hazards in the structure or on the premises from occupancy or operation. 4. Matters related to the construction, extension, repair, alteration or removal of fire protection systems. 5. Conditions affecting the safety of firefighters and emergency responders during emergency operations. (C) 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 2024 International Fire Code. Chapter 1. Delete in its entirety, but retain Section 105 regarding permits. Refer to article II above for administrative provisions. 105.5.58 Assisted Living Facilities. Add as follows: 105.5.58 Assisted living facilities. An operational permit is required to operate an assisted living facility. 105.5.59 Door Side Trash Collection. Add as follows: 105.5.59 Door Side Trash Collection. An operational permit is required to operate door side trach collection in R-2 occupancies. 105.5.60 Sheltering in A and E Occupancies. Add as follows: 105.5.60 Sheltering in A and E occupancies. An operational permit is required to operate sheltering in A and E occupancies for one night or more. 202 General Definitions. Amend by addition and modification of the following definitions: ELECTRIC LOCKS – MASTER SWITCH. A two-position, toggle electrical switch labeled “ELECTRIC LOCKS” with its positions labeled “LOCKED” and “UNLOCKED” configured to immediately and simultaneously unlock all connected door locks. POWERED MICROMOBILITY DEVICES. Motorized bicycles, motorized scooters and other personal mobility devices powered by a lithium-ion or lithium metal battery. This term includes the batteries associated with these devices, whether connected to the device or not. The term does not include motor vehicles that are required to be registered with the Department of Motor Vehicles for the state or city. [BG] 203.2.4 Accessory to places of religious worship. Amend to read in its entirety: 50 [BG] 202.2.4 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 notwithstanding any other provisions of this code which would disallow overnight occupancy in such rooms or spaces, and 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. [BG] 203.7.1 Institutional Group I-1. Amend to read: 203.7.1 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 as specific in Section 203.7.1.2 unless approved by the building and fire code official as a Condition 1 as specific in Section 203.7.1.1 and shall comply with Section 420 of the International Building Code. This group shall include, but not be limited to the following: [BG] 203.9.4 Residential Group R-4. Amend to read: 203.9.4 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 receive custodial care. Buildings of Group R-4 shall be classified as a Condition 2 as specified in Section 203.9.4.2 unless approved by the building and fire code official as a Condition 1 as specified in Section 203.9.4.1 except as otherwise provided for in the International Building Code. This group shall include, but not be limited to the following: 301.2 Permits. Amend to read in its entirety: 51 301.2 Permits. Permits shall be required as set forth in Section 105.5 for the activities or uses regulated by Sections 304, 306, 307, 308, 315, 320 and 321. 304.1.1 Valet trash. Amend to read in its entirety: 304.1.1 Valet trash. Valet trash collection shall be permitted only where approved. The owner, and valet trash collection service provider shall comply with the rules and limitations established by the jurisdiction as adopted and amended in Appendix O. 304.1.1.1 Permit required. Add to read as follows: 304.1.1.1 Permit Required. An operational permit shall be obtained from the fire code official in accordance with Section 105.5.60 prior to contracting and using valet trash services. Application for such approval shall only be presented by and permits issued to the owner of the property in which the services is to be used. 307.1.1 Prohibited open burning. Amend to read as follows: 307.1.1 Prohibited open burning. Open burning shall be prohibited when in a Stage One Fire Restriction or Stage Two Fire Ban as implemented by the Jefferson County Sheriff’s Office or when declared by the City Manager, in their reasonable judgement when atmospheric conditions or local circumstances make such fires hazardous. 307.5 Attendance. Amend to read as follows: 307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. For recreational fires and portable outdoor fireplaces, not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4-A rating, a garden hose, or other approved on-site extinguishment methods shall be available for immediate utilization. For open burning and bonfires, the extinguishment method shall be approved through the open burning operational permit requirements established by the fire code official. 307.6 Prohibited materials. Add to read as follows: 307.6 Prohibited materials. Only approved materials shall be allowed to be burned as approved by this code. Materials such as trash, paper, rubbish, wastepaper, construction materials, treated lumber, weeds, tree stumps, tree limbs and branches larger than 6-inch diameter, brush, plants, or other combustible or flammable materials are not allowed to be burned at any time. 308.1.7 Sky lanterns. Amend to read as follows: 308.1.7 Sky lanterns. The use of sky lanterns shall meet all the following requirements: 1. Shall be prohibited in areas defined as the Wildland Urban Interface per the Community Wildfire Protection Plan and the Colorado Division of Fire Prevention and Control 52 2. A person shall not release or cause to be released an untethered sky lantern. 3. Sky lantern tethers shall not be longer than the shortest distance from the anchor point to the nearest combustible material. 4. Sky lanterns shall be released in an area that is non-combustible. 5. Sky lanterns shall not be released within 50 feet of any structure. 6. Sky lanterns shall not be released on Red Flag days, or when ground wind speeds exceed 15 miles per hour. 7. Sky lanterns shall not be released during a Stage 1 Fire Restriction or Stage 2 Fire Ban in accordance with the Jefferson County Sheriff’s Office. 8. Sky lanterns shall be constantly attended by an adult until the open flames are fully extinguished. 9. An approved means of extinguishment shall be available, but no less than one 4-A fire extinguisher or a 5-gallon bucket of water. 10. The fire district dispatch center shall be contacted prior and at the end of the release of sky lanterns. 308.2 Permits required. Amend to read as follows: 308.2 Permits Required. Permits shall be obtained from the fire code official in accordance with Section 105.5 prior to engaging in the following activities involving open flame, fire and burning: 1. Use of open flame, fire or burning in connection with Group A or E occupancies. 2. Use of torches and other devices, machines or processes liable to start or cause fire in or on wildfire risk areas. 3. Sky lanterns. 503.1. Where required. Amend to read as follows: 503.1. Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D. 503.1.1 Exception 1 Buildings and facilities. Amend to read: Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur: 1.1 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, and shall not exceed 300 feet. 53 1.2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.1 There are not more than two Group U occupancies. 503.1.4 Private driveways. Add to read as follows: 503.1.4 Private driveways. Private residential driveways shall not be considered as fire apparatus access roads. 503.2 Specifications. Amend 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. Amend to read as follows: 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. Amend by adding the following subsection: 503.2.1.1 Dimensions-Private Drives. Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-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. Amend 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 with asphalt or concrete. Exception: Alternate surfaces may be approved by the fire code official. 503.2.4 Turning Radius. Amend 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 26 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. 503.2.4.1 Turning radius clearance. Add the following subsection to read as follows: 503.2.4.1 Turning radius clearance. There shall be a minimum of a 2-foot clearance to any vertical curb, building, or obstruction from fire apparatus overhangs. 54 503.2.7 Grade. Amend to read as follows: 503.2.7 Grade. The maximum grade shall not exceed 8%. 507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems. Amend to read as follows: 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 up to a maximum of 150 feet. 507.5.1.2 Dead-end fire hydrants. Add to read: Section 507.5.1.2 Dead-end fire hydrants: Fire hydrants on a dead-end water line shall not exceed the limits established by the water purveyor nor shall it be allowed to have more than one fire hydrant on a dead-end water line. 510.1 Emergency responder communications enhancement systems in new buildings, Exception 4. Amend to read: Exception 4. One-story buildings not exceeding 12,000 square feet with no below-ground area(s) as approved by the fire code official. 510.4.1.1 Minimum signal strength into the building. Amend to read as follows: Section 510.4.1.1 Minimum signal strength into the building. The minimum downlink signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The downlink signal level shall be a minimum of -85 dBm throughout the coverage area and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.4 throughout the coverage area using either narrowband analog, digital, or wideband LTE signals or an equivalent bit error rate (BER), or 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. Amend to read as follows: 510.4.1.2 Minimum signal strength out of the building. The minimum uplink signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The uplink signal level shall be sufficient to provide not less than a delivered audio quality (DAQ) of 3.4 using either narrowband analog, digital, or wideband LTE digital signals or an equivalent bit error rate (BER), or minimum signal strength of -90 dBm applicable to the technology for either analog or digital signals. 55 510.4.1.4 Field strength. Amend to read as follows: 510.4.1.4 Field strength. If the field strength OUTSIDE the building where the receiving antenna system for the in-building system is located is less than the (-85 dBm), then the minimum required in-building field strength shall equal the field strength being delivered to the receiving antenna of the building. 510.5.4 Acceptance test procedure. Amend to add #9 and to read as follows: 9. Prior to testing, the fire agency’s radio technician shall be notified and participate in the testing process to ensure the noise floor of the hosting transmitter site is not impacted by the amplification equipment. 605.1.7 Outdoor decorative gas appliance emergency shut down. Amend to add the following subsection: 605.1.7 Outdoor decorative gas appliance emergency shut down. If a fire pit is powered by a fuel gas, there shall be an emergency stop button installed in an approved location on the exterior to disconnect the fuel gas in the event of an emergency. This emergency shut off shall be labeled using a weatherproof sign with letters on contrasting background. 605.1.8 Outdoor decorative gas appliance timer. Amend to add the following subsection: 605.1.8 Outdoor decorative gas appliance timer. If a fire pit is powered by a fuel gas, there shall be a timer installed in the piping system to limit the run time of the fuel gas to no more than 60 minutes without needing a reset. 901.4.7 Pump and riser room size. Amend to read as follows: 901.4.7 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 doors 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. 901.4.7.1. Access. Amend to read as follows: 901.4.7.1 Access. When automatic fire sprinkler system risers, fire pumps and controllers shall be provided with ready access. Where located in a fire pump room or automatic sprinkler system riser room, the door shall be permitted to be locked provided that the key is available at all times. When automatic fire sprinkler systems are provided within a building and the system serves multiple 56 tenant spaces, the main fire sprinkler control valves shall be placed within an approved room that has access provided directly from the building exterior. 901.6 Inspection, testing and maintenance. Amend 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 equipment shall be approved by the fire district. 901.6.3.2 Third party reporting. Amend to read as follows: 901.6.3.2 Third party reporting. The fire code official is authorized to require inspection, testing, and maintenance contractors to utilize third party tracking and reporting of the status of fire protection, fire detection, life safety, and emergency responder communication enhancement systems. 903.1 General. Amend by adding the following subsection: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. The size of the room shall meet the size requirements per Section 901.4.7. 903.1.2 3 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. 903.1.4 Fire department access. If a change in occupancy of an existing building results in a higher hazard category per Section 1011 of the IEBC and that existing building does not have approved fire department access as required in Chapter 5, then the fire code official may require an automatic fire sprinkler system be installed regardless of the building size. 903.4.3 Alarms. Amend to read as follows: 903.4.3 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 57 the automatic sprinkler system shall actuate the building fire alarm system and cause notification as set forth in Section 907.5. When buildings have multiple tenant spaces notification devices shall be installed in accordance with Section 907.5 in each tenant space. 903.4.3 Alarms. Amend by adding the following subsection: 903.4.3.1 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. Amend by adding the following subsection: 904.15 Domestic cooking systems. Cooktops and ranges installed in the following occupancies shall be protected in accordance with Section 904.15.1. 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. Amend to read as follows: 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. 907.5.2.2 Emergency voice/alarm communication. Amend by adding the following subsection: 907.5.2.2.6. Intelligibility. The intelligibility of a voice/alarm communication system shall be tested in an objective manner in accordance with NFPA 72. 907.6.3. Initiating device identification. Amend to delete exceptions 1 and 2. 907.6.6 Monitoring. Amend by adding the following subsection: 907.6.6.4 Security systems. Fire alarm panels and security alarm panels shall be separate and not combined. 58 912.4.1 Locking fire department connection caps. Amend to read as follows: 912.4.1 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. Locking fire department connection caps shall be installed when fire department connection caps are found missing on existing water-based fire protection systems and the fire department connection is subjected to internal obstructions. 1010.2.6 Stairway doors. Amend by replacing Exception 3 to read as follows: 3. Stairway exit doors are permitted to be locked from the side opposite the egress side, provided that they are openable from the egress side and capable of being unlocked simultaneously without unlatching upon a fire alarm, loss of power, or an electric locks – master switch signal from the fire command center. The lockset shall be wired to all three of these monitor/power/control points. When located in a non-secure area, a two-position, key operated switch may be used when a matching key is located in the building’s Key Lock Box 1023.9.2. Door operation identification. Add to read as follows: 1023.9.2. Door operation identification. At locked stairway doors in accordance with Section 403.5.3, identification required by Section 1023.9 shall be in accordance with Section 1023.9.1 and ICC A117.1 and identify the door operation as follows: 1. All doors that are locked for more than 5 consecutive floors shall have a sign that reads: THIS DOOR IS LOCKED. EMERGENCY COMMUNICATION DEVICES ARE LOCATED ON FLOOR __ AND __. 2. All doors that are locked for 5 consecutive floors or less shall have a sign that reads: THIS DOOR IS LOCKED. FOR THE NEXT UNLOCKED DOOR GO DOWN TO FLOOR __ OR UP TO FLOOR __. 1023.9.3 Stairway communication system identification. Add to read as follows: 1023.9.3 Stairway communication system identification. Emergency telephones or two-way communication systems, where required, in exit stairways shall have a sign stating: “Emergency Communications,” the building address and the floor and stair location of the telephone or two-way communications system. Signage shall be in accordance with Section 1023.9.1 and ICC A117.1. 1103.7.6. Group R-2. Amend to read as follows: 1103.7.6 Group R-2. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies more than three stories in height or with more than 24 dwelling or sleeping units. Exceptions: 1. Unchanged 59 2. Unchanged 3. Unchanged 4. A fire alarm system is not required in buildings that do not exceed three stories in height and comply with all the following: 4.1 Each dwelling unit is separated from the corridor and from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than ¾ hour. 4.2 Unchanged 4.3 Doors from each dwelling unit to the exit or exit access shall meet the requirements the International Building Code Section 716.2 for fire resistance, closing, and latching. 3103.8 Structural stability and anchorage required. Amend to read as follows: 3103.8 Structural stability and anchorage required. Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Water barrels are strictly prohibited from use for anchorage of tents and membrane structures. Documentation of structural stability shall be furnished to the fire code official. 3103.8.1 Water-filled vessels. Delete in its entirety. 3307.1 Required access. Amended to read as follows: 3307.1 Required access. Approved fire apparatus access for firefighting and emergency medical services shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 150 feet of all portions of the exterior walls of the first story of the building and within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be installed prior to above ground construction and/or the storage of combustible materials on site. Exception: Where approved and permitted per Section 105.5, temporary vehicle access can be installed during construction of sites not consisting of one- and two- family dwellings or where practical difficulty exists with providing permanent fire apparatus access during construction. Permanent fire apparatus access shall be provided prior to occupancy. 3307.1.2 Stairways required. Amend to read as follows: 3307.1.2 Stairways required. Where multistory building construction exceeds 20 feet (6 096mm) in height above the lowest level of fire department vehicle access, a temporary or permanent stairway shall be provided. As construction progresses, such stairway shall be extended to within one floor of the highest point of construction having secured decking or flooring. 60 3307.1.4. Temporary fire apparatus access specifications. Add to read in full: 3307.1.4 Temporary fire apparatus access specifications. Temporary fire apparatus access roads shall be installed and arranged in accordance with Sections 3307.1.4.1 through 3307.1.4.3. 3307.1.4.2 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and vertical clearance of not less than 13 feet 6 inches. 3307.1.3 Surface. Temporary 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 90,000-pound imposed load. Documentation from a licensed geotechnical engineer attesting that the surface will support the required imposed load and all-weather capability shall be provided. 3307.1.4.4. Dead ends. Dead-end temporary fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 5307.1 General. Amend 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. Amend to read as follows: 5307.3 Liquid carbon dioxide systems used in beverage dispensing applications. 6109.13 Protection of containers. Delete the exception from this section. 5601.1 Scope. Amend to read as follows: 5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition. This chapter shall be interpreted to be consistent with the provisions of part 20 of article 33.5 of title 24, CRS and any applicable municipal ordinance or county resolution/ordinance, shall govern all fireworks, their sale, storage and use. 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Amend 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. 61 5706.2.4.4 Locations where above-ground tanks are prohibited. Amend 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. Amend 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. Amend 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. 8001 Adoption of standards. Add to read as follows: 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. Appendix B, Table B105.1(1). Amend 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 62 0-3,600 Section 903.3.1.3 of the International Fire Code 500 ½ 3,601 and greater Section 903.3.1.3 of the International Fire Code ½ value in Table B105.1(2) 1 For SI: 1 gallon per minute = 3.785 L/min. Appendix D Section D102.1 Access and loading. Amend 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 90,000 pounds (38636 kg). (Ord. No. 1337, § 7, 12-13-04; Ord. No. 1460, § 6, 5-10-10; Ord. No. 1494, § 11, 6-13-11; Ord. No. 1559 , § 9, 10-13-14; Ord. No. 1682 , § 9, 1-13-20) Sec. 5-87. Fuel gas code. (A) Adoption. The International Fuel Gas Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IFGC" or the "fuel gas code" and may be cited and referred to as such. (B) Scope. This code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories in accordance with IFGC Sections 101.2.2 through 101.2.6. Exception: 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 not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Fuel Gas Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. 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 10 psig, irrespective of design. Where the test pressure exceeds 125 psig, the test 63 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. 503.4.1 Plastic piping. Amend to read in its entirety. 503.4.1 Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure at the time of inspection prior to being connected to the water heater. 503.4.1.1 Plastic Vent Joints. Plastic pipe and fittings used to vent appliances shall be installed in accordance with the appliance manufacturer’s instructions. Plastic pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in accordance with the vent manufacturer’s instructions. Where a primer is required, it shall be a contrasting color. (Ord. No. 1337, § 8, 12-13-04; Ord. No. 1460, § 7, 5-10-10; Ord. No. 1559 , § 10, 10-13-14; Ord. No. 1682 , § 10, 1-13-20) Sec. 5-88. Reserved. Sec. 5-89. Swimming pool and spa code. (A) Adoption. The International Swimming Pool and Spa Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "ISPSC" or the "pool and spa code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to the construction, alteration, movement, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. (C) 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 2024 International Swimming Pool and Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability and Section 111 regarding inspection. Refer to article II above for administrative provisions. 64 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 or spa. 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. ( Ord. No. 1682 , § 12, 1-13-20) Sec. 5-90. Existing building code. (A) Adoption. The International Existing Building Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IEBC" or the "existing building code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Existing Building Code. Chapter 1. Delete in its entirety; refer to article II above for administrative provisions. ( Ord. No. 1682 , § 13, 1-13-20) Section 6. Section 5-101(c) of the Wheat Ridge Code of Laws, regarding the definition of a homeowner contractor, is hereby amended to read as follows: (c) Homeowner contractor. An owner performing work on their own property, in which they reside and will reside for a period of one year after project completion, shall be considered a homeowner contractor if the work affects the structural sufficiency of a habitable structure. The homeowner contractor shall attest to their residency to obtain a permit but shall not be required to obtain a contractor license. The owner may designate one or more workers to assist with the performance of the permitted work provided the worker(s) receive no compensation from the owner for the work performed; compensated work shall require a licensed contractor. Section 7. Applicability. The applicability of the codes adopted or amended herein at Sections 1 through 7 of this ordinance shall be as follows: 65 A. General applicability. Permit applications submitted prior to January 1, 2026, may be reviewed under either the prior building codes (2018 International Codes) or the codes adopted or amended by this ordinance, at the election of the applicant. B. Mandatory compliance. All permit applications submitted on or after January 1, 2026, shall comply with the codes adopted or amended by this ordinance. C. Pending permits. Active building permits or permits actively under plan review prior to January 1, 2026, shall continue to be governed by the codes in effect at the time of application, provided however if a permit expires or is not renewed, any new permit application shall be governed by subsections A and B above. D. Townhome sprinkler requirement. The requirement for automatic fire sprinklers in townhome dwelling, per IRC Section R313 and IFS Section 903, shall apply only to permit applications submitted on or after January 1, 2027. Section 8. Section 2-33 of the Wheat Ridge Code of Laws, regarding the authorities of community service officers, is hereby amended to better align with the authority provided in Section 2-80 and to read as follows: Sec. 2-33. - Authority of community service officers. Pursuant to the provisions of C.R.S. § 30-15-105 and the Colorado Municipal Court Rules, the city community service officers ("CSO"), including city compliance officers, are hereby designated as peace officers and shall be authorized to issue, sign, and serve summons, complaints, and detain and arrest suspects, and to make all the discretionary determinations required in order to enforce the provisions of chapters 4, 5, 11, 13, 15, 16, 17, 20, 24, and 26. Section 9. Section 2-59(a) of the Wheat Ridge Code of Laws, regarding the authority of the Building Code Advisory Board, is hereby amended to read as follows: (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of the "International Building Code," as referenced building codes adopted by section 5-7675 of this Code. Section 10. Section 2-59(d) and (e) of the Wheat Ridge Code of Laws, regarding the authority of the Building Code Advisory Board, is hereby amended to read as follows: (d) The board shall review an appeal from any written final decision of the chief building inspector official at its next regularly scheduled meeting, but not earlier than five (5) days from the date of submission of the appeal. Any such appeal shall be made in writing within ten (10) days of the final written decision of the chief building official 66 upon the building division forms designated for such purposes. The board shall not have the authority to recommend decreasing public safety. (e) Procedures for hearing of appeals from written decisions of the chief building inspector official shall be pursuant to subsection (d) above. In all hearings the petitioner shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses presented against him. The building inspection division shall be given the opportunity to present evidence at all hearings. Section 11. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 12. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 13. Effective Date. As permitted by Section 5.11 of the Charter, this Ordinance shall take effect immediately. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of October 2025, ordered published by title in the newspaper and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 27, 2025 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 27th day of October 2025. SIGNED by the Mayor on this _____ day of ____________, 2025 67 ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: October 14, 2025 Second Publication: October 28, 2025 Effective Date: October 27, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us Page 1 of 92 Chapter 5 BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 5-1. Purpose and Name. The purpose of this chapter 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 within the city and certain equipment specifically regulated herein. The provisions of this chapter 5 together with those codes adopted by reference in section 5-75 shall be hereinafter known as the “Building Code of the City of Wheat Ridge, Colorado” or the “building code,” “this code” or “this chapter.” (Ord. No. 1996-1039, § 1, 7-29-96) [Note: In this section, terms which already included in the I-codes are removed, and new definitions are provided for “fire code official” and “valuation.”] Sec. 5-2. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:. Terms that are not defined in this code but are defined in the adopted codes of section 5-75 shall have the meanings ascribed to them in those codes and those definitions shall prevail unless amended below. Terms not defined by this chapter or by the codes listed under section 5-75 shall have the ordinarily accepted meanings such as the context implies. Abandon (abandoned): The desertion of a building, structure or utility. "Abandon" shall also mean when all utilities are disconnected and/or the building, structure or utility is left to the mercy of vandalism, dilapidation, deterioration and creates a fire hazard, an unsafe condition or a nuisance. Adequate (sufficient): Found to be acceptable by the division, by the use of reasonable and customary standards. Alter or alteration: Any change, rearrangement, addition or modification in construction or occupancy. Approved (approval): To be officially acceptable or satisfactorily meeting the basic requirements of this chapter. Approved agency: An established and recognized agency regularly engaged in conducting tests or furnishing inspection services when such agency has been approved by the division. Approved as to methods, materials and types of construction: Approval by the division as the result of investigation and tests conducted, or by reason of accepted principles or tests by national authorities, technical or scientific organizations or by the standards established within this chapter. Authorized representative: Includes members of the building inspection division, authorized inspection personnel of the fire district having jurisdiction as well as inspection personnel of the health department having jurisdiction. Board: The building code advisory board. Building: A structure, including utilities, enclosed with a roof and within exterior walls built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. ATTACHMENT 2 Page 2 of 92 Building code: The total content of this chapter together with the content of the various standard codes adopted by this chapter. Building, existing: Any building actually constructed or started under properly issued building permit previous to the adoption of this chapter, or located on land annexed to the city or built prior to the requirement of a building permit. Building official: The chief building official or his an authorized representative; also referred to as the code official, building code official, or CBO. Combustible material: One which does not meet the requirements of the definition of noncombustible material. Construction: All labor and materials used in the framing or assembling of component parts in the erection, construction, raising, demolition and removal of any appliance, device, building, structure or utility. Department of community development: The city department consisting of the planning division, engineering division and the building inspection division. The department is headed by the director of community development. Department of public works: The city department consisting of the right-of-way construction, inspection, operations, and maintenance functions. The department is headed by the director of public works. Department shall mean the department of public works. Deterioration: As applied to buildings, structures, equipment and materials, includes corrosion, decay, wear and tear through abuse, obsolescence, effects of the elements, fire damage, lack of maintenance or by any other cause; includes fatigue due to overstressing, disintegration of component parts of a building, structure and equipment and the separation of materials and structural parts. Division: The building inspection division of the department of community development; also referred to as the building division. Fire code official: The fire chief of any fire district serving the city, or their authorized representative, who is charged with the administration and enforcement of the International Fire Code (IFC). The fire code official shall have the same authority this code provides to the building code official as it relates to the IFC. Floor area: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and exterior courts. The floor of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Maintenance: The repair, alteration or replacement of those portions of a building, structure or utility which for any reason deteriorates, corrodes, decays, breaks, wears out or otherwise becomes incapable of furnishing or providing the degree of public safety prescribed by this chapter for which the building, structure or utility was installed or incorporated. This definition shall not include normal janitorial services. AmMunicipal licensed contractor: A contractor who is authorized, upon issuance of a "right-of-way construction permit," to work within the public way under the provisions of chapter 21. Occupancy: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Occupancy, mixed: A building used for more than one purpose. Partition: Any vertical construction used to divide a building or part thereof into rooms or spaces and which extends over six (6) feet above the floor on which it rests. Public walk: Any parcel of land on public or private property appropriated to the free passage of the general public. Page 3 of 92 Public way: Any public street, way, place, alley, sidewalk, easement, park, square, plaza or other city-owned right-of-way or any other public property owned or controlled by the City of Wheat Ridge and dedicated to public use. Any easements dedicated solely for utility purposes shall not be included in this definition. Repair: The reconstruction or renewal of any part of an existing building, structure or utility for the purpose of its maintenance. The word "repair" shall not apply to any change of construction. Structure: An assembly of materials forming a construction for occupancy and including among others, buildings, stadiums, tents, reviewing stands, platforms, stagings, observation towers, radio and television towers, water tanks, swimming and wading pools, retaining walls, open sheds, coal bins, shelters, fences, display signs. This definition shall not include utilities. Utility(ies): Includes public services including, but not limited to, gas, electrical, telephone, cable TV, water, sanitary sewer, etc. Utility company(ies): All districts and public and private companies which supply utility services including gas, electrical, telephone, water, sewer, cable TV, etc. Utility services: Those portions of utilities located outside of a public way. Use: A component or constituent of an occupancy. Utility services: Includes, but shall not be limited to, the following: (1) Refrigeration systems and their appurtenances. (2) Electrical systems and all appurtenances such as motors, etc. (3) Heating and ventilating systems and appurtenances. (4) Elevators, dumbwaiters, escalators and similar conveyances. (5) Fire protection systems and apparatus. (6) Air-conditioning or air-treatment systems, including ductwork. (7) Exhaust or ventilating systems including ductwork. (8) Plumbing and sanitary systems and all appurtenances. (9) Signal and annunciator systems. (10) Gas, oil and solid fuel-fired appliances, piping, controls, burners and their appurtenances. (11) Evaporative cooling, antennas, wells and equipment, water heaters, gas lights, fences. (12) Swimming pool piping, gasoline pumps, L.P.G., liquid fuel and gasoline tanks and piping. (13) Telephone and cable TV lines and facilities. Valuation: For the purposes of permit review and fee calculation, valuation refers to the total fair market value of all construction work, including all materials and all labor. Valuation applies regardless of who performs the work; this means that even if a property owner completes the work themselves, the value of labor must still be included. Permit fees are assessed based on this total valuation in accordance with the adopted fee schedule. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1683 , § 3, 1-27-20) [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II. Sections 5-3 and 5-4 are incorporated into the base language in 5-21 and 5-22.] Sec. 5-3. Scope. The provisions of this chapter shall extend to and govern the following: Page 4 of 92 (1) Construction, addition, alteration, repair, demolition, conversion, removal, moving, occupancy and maintenance of any building, structure, utility service hereafter constructed or other work in the public way. (2) Alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, structure, utility service heretofore constructed or other work in the public way. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-4. Resolution of conflicts. If there are any conflicts between the provisions of any of the articles of this chapter, the more restrictive provisions or requirements shall govern. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-5. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34: (1) The city may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue, or by the mayor, the director of community development, director of public works or the chief of police or their designated representatives. (2) The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the nonappearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the municipal court in an action to abate a violation of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine of not more than one thousand dollars ($1,000.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. Page 5 of 92 (6) In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure, as presently adopted and as amended hereafter from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of chapter 5 is sought. In the event of any discrepancy between any of the provisions of chapter 5 and those applicable rules of county court civil procedure, or Rule 65 of the Colorado Rules of Civil Procedure adopted hereby, the provisions of chapter 5 shall prevail and be applied. The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge Municipal Court to adopt rules of procedure for the Wheat Ridge Municipal Court, which rules shall be applicable in any civil enforcement action brought by the city; provided, however, that said rules of procedure adopted and promulgated by the presiding judge of the municipal court shall not conflict with or contradict the authority of the city to pursue civil enforcement for violations of the provisions of this chapter 5. (7) In any case in which the city prevails in a civil action initiated pursuant to this subsection (a), the city may recover its reasonable costs of abating the violation, including reasonable costs of litigation, plus fifteen (15) percent in administrative costs; plus costs may be assessed against the subject property pursuant to paragraphs 16-13-313 and 16-13-314, C.R.S., (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law. (b) Cumulative remedies. The remedies set forth herein are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this chapter, the city or any proper city official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land. The initiation of any action or the imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any other appropriate action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1120, § 3, 6-8-98; Ord. No. 1288, §§ 1, 2, 5-12-03) Secs. 5-36—5-20. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT [NOTE: The sections within Article II now align with the sections and provisions in IBC Chapter 1 (https://codes.iccsafe.org/codes/i-codes/2024-icodes). The numbering has been modified to align with the formatting of this chapter, but headings and provisions are aligned as closely as possible with the base code (for example, Section 5-21 below and IBC Section 101 are both “Scope and general requirements”). Where local amendments are retained, they are feathered into the appropriate location in this article and noted. Local provisions which are not mirrored in the IBC but are retained are located at the end of this article.] Sec. 5-21. Scope and general requirements. (A) Scope. The provisions of this chapter shall extend to and govern the following: (1) Construction, addition, alteration, repair, demolition, conversion, removal, moving, occupancy and maintenance of any building, structure, utility service hereafter constructed or other work in the public way. (2) Alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, structure, utility service heretofore constructed or other work in the public way. Page 6 of 92 (B) Applicability. The administrative regulations contained herein below shall apply to all codes adopted by this chapter in section 5-75. Sec. 5-22. Applicability. (A) General - Resolution of conflicts within the code. If a general requirement of the code conflicts with a specific requirement, the specific requirement shall apply. If two specific requirements differ, the more restrictive requirement shall apply. The chief building official may exercise discretion in resolving provisions to achieve the intent of the code. (B) Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. (C) Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. (D) Conflicts with referenced code and standards. When this chapter conflicts with other provisions of law, ordinance, or regulation, the more restrictive provision shall govern. Where different sections of this chapter or other adopted codes specify different requirements, the chief building official may exercise discretion in resolving provisions to achieve the intent of the code. (E) Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. (F) Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code, the International Property Maintenance Code or the International Fire Code. (1) Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of this code or the International Residential Code, as applicable, for new construction or with any current permit for such occupancy. (2) Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Fire Code or International Property Maintenance Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. (4) Change in Occupancy. It shall be unlawful to make any change in the occupancy of any structure that will subject the structure to any provision of the code applicable to the new occupancy without approval of the code official. The code official will issue a new certificate of occupancy when such structure meets the intent of the provisions of law governing building construction for the proposed new occupancy and that such change of occupancy does not result in any hazard to the public health, safety or welfare. (5) Historic structures. The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or city as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings. Page 7 of 92 Sec. 5-23. Building division. (A) Creation of enforcement agency. The Building Division within the Community Development Department is hereby created and the official in charge thereof shall be known as the building official. The function of the division shall be the implementation, administration and enforcement of the provisions of this code. (B) Appointment. The building official shall be appointed by the Community Development Director. (C) Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official. Sec. 5-24. Duties and powers of building official. (A) General. The building official is hereby authorized and directed to enforce the provisions of this code, including all referenced codes in section 5-75. The building official shall have the authority necessary to carry out the duties described in the following subsections. (B) Determination of compliance. The building official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: a. Shall be in compliance with the intent and purpose of this code. b. Shall not have the effect of waiving requirements specifically provided for in this code. (1) Listed compliance. Where this code or a referenced standard requires equipment, materials, products or services to be listed and a listing standard is specified, the listing shall be based on the specified standard. Where a listing standard is not specified, the listing shall be based on an approved listing criteria. Listings shall be germane to the provision requiring the listing. Installation shall be in accordance with the listing and the manufacturer’s instructions, and where required to verify compliance, the listing standard and manufacturer’s instructions shall be made available to the building official. (2) Technical assistance. To determine compliance with this code, the building official is authorized to determine compliance with this code, to require the owner or owner’s authorized agent to provide a technical opinion and report. a. Cost. A technical opinion and report shall be provided without charge to the city. b. Preparer qualification. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. c. Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon to identify and propose necessary recommendations. d. Tests. Where there is insufficient evidence of compliance with the provisions of this code, the building official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the building official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the building official. (3) Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of Page 8 of 92 construction not specifically prescribed by this code, provided that any such alternative has been approved. Exception: Performance-based alternative materials, designs or methods of construction and equipment complying with the International Code Council Performance Code. This exception shall not apply to alternative structural materials or to alternative structural designs. a. Approval authority. An alternative material, design or method of construction shall be approved where the building official finds that the proposed alternative is satisfactory and complies with subsections b through g below, as applicable. b. Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the building official for approval. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons the alternative was not approved. c. Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. d. Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: i. Quality. ii. Strength. iii. Effectiveness. iv. Durability. v. Safety, other than fire safety. vi. Fire safety. e. Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the building official. f. Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the building official. g. Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with the following: i. Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the building official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the building official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the building official. ii. Other reports. Reports not complying with subsection g.(i) above shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or specialty organization acceptable to the building official. The building official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional Page 9 of 92 h. Peer review. The building official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the building official. (4) Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided that the building official shall first find that one or more special individual reasons make the strict letter of this code impractical, and that the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety or structural requirements. The details of the written request for and action granting modifications shall be recorded and entered in the files of the department of building safety. [NOTE: Subsection a below deviates from the base code to refer to the city’s floodplain regulations which are not under the purview of the CBO and instead located in the zoning code.] a. Flood hazard areas. Construction, alteration, or relocation of any structure within a designated flood hazard area shall comply with chapter 26, article VIII of the Wheat Ridge Code of Laws. The building official has no authority to modify, waive, or approve deviations from those floodplain requirements, which remain under the jurisdiction of the city’s designated floodplain administrator; however the building official retains authority to enforce any provision of this code relative to the flood-resistant design and construction of any structure in a flood hazard area. (C) Applications and permits. The building official shall receive applications, review construction documents, issue permits, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. [NOTE: Subsection (d) below deviates from the base code and utilizes the city’s existing right-of-entry language that was previously located in Section 5-24.] (D) Right of entry. (1) Generally. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, or whenever the chief building official or an authorized representative, or any authorized inspection personnel of the fire departments or health department, has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazardous, unsafe or dangerous for any reason specified in this chapter or other similar law, the chief building official or an authorized representative hereby is authorized to enter such property at any reasonable time, or during normal business hours, and to inspect the same and perform any duty imposed upon the chief building official by this chapter or other applicable law; provided that: a. If such property is occupied, proper credentials shall first be presented to the occupant and then the reasons for entry shall be explained. b. If such property is unoccupied, a reasonable effort shall first be made to locate the owner or other persons having charge or control of the property and request entry, and then the reasons for entry shall be explained. If such entry is refused or cannot be obtained because the person having control of the property cannot be found after due diligence, the chief building official or an authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property. (2) Immediate entry. Notwithstanding the foregoing, if the chief building official or an authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, they shall have the right to enter immediately and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied, and Page 10 of 92 whether or not permission to inspect has been obtained. If the property is occupied, proper credentials shall first be presented to the occupant and then the reasons for entry shall be explained. (3) Owner’s refusal to permit. No person shall fail or refuse, after proper demand has been made as provided in this section, or the chief building official has determined immediate entry is required, to permit or obstruct the chief building official or an authorized representative in making any inspection. Any person violating this section shall be guilty of a misdemeanor. (E) Identification. The building official and authorized representatives shall carry proper identification when inspecting structures or premises in the performance of duties under this code. (F) Notices and orders. The building official shall issue necessary notices or orders to ensure compliance with this code. Notices of violations shall be in accordance with sections 5-34, 5-35, and 5-36 as applicable. [NOTE: Subsection (G) below deviates from the base code by merging the base code provisions and the city’s existing records language that was previously located in Section 5-22. It also codifies the city’s existing policy regarding the photocopying of stamped plans.] (G) Official records. The building official shall keep all records of the division, including applications, permits, plans, specifications, inspection reports, and other related documents, in a safe and secure manner. Records may be maintained in paper, microfilm, or digital format. (1) Retention. All such records shall be retained in accordance with guidance provided by the city clerk’s office for compliance with state law and in alignment with state law. (2) Public access. Records of the building division shall be open for public inspection during normal business hours as follows: a. Investigation records. . Records pertaining to an ongoing investigation with respect to a potential violation of this code may not be inspected or copies provided unless by order of a court or upon approval by the office of the city attorney. b. General records. Records other than investigation records and stamped plans, unless identified as confidential, shall be made available for public inspection without the necessity of a written open records request. Copies of such records shall be made upon the filing of a records request on the city’s required form for the same. c. Stamped plans. i. Property owners shall have the right to access and obtain copies of plans for their own structures. ii. Architect- or engineer-stamped plans that may constitute trade secrets or confidential commercial information under C.R.S. 24-72-204(3)(a)(IV) shall be subject to the following procedure: • The City shall notify the stamp-holder of any request for copying and provide an opportunity to assert a claim of confidentiality within a specified timeframe, generally no less than 14 days. • If no claim is made or consent to release is provided, the city shall provide copies. • If a claim is made, the stamp-holder shall be responsible for any legal costs if the city’s refusal to disclose is challenged in court. (H) Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, as officials, agents, and employees of the city are fully entitled to immunity and defense by the city of their actions as guaranteed to them by the Colorado Governmental Immunity Act C.R.S. 24-10-101 et. seq. Page 11 of 92 (I) Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. (1) Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working condition and approved. Sec. 5-25. Permits. (A) Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. (1) Fire district permit. In addition to permits issued by the city, any work regulated under this code may also require submission, review, and approval by the fire code official to ensure compliance with the International Fire Code. Operational permits may be required pursuant to IFC section 105 and section 5-86 below. (2) Floodplain permit. In addition to permits issued by the building division, any property within the floodplain may also require submission, review, and approval by the floodplain administrator to ensure compliance with the city’s floodplain regulations in chapter 26, article VIII. [NOTE: Subsection (B) below deviates from the base code by merging the base code provisions; the city’s prior local amendments regarding work exempt from permits; and the permit exemption language that was previously located in Section 5-33 regarding utilities, schools, and other governments.] (B) 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 the city. 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 34 feet in height measured from the bottomtop 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. 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. Page 12 of 92 12. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 13. Hoop houses as defined in IBC 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. 14. Less than one (1) square (100 square feet) aggregate area of roofing. 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. (1) Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. (2) Public agencies. No person nor the federal, state, county or city government or any agency, subdivision or department thereof shall erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert, demolish or change type of occupancy of any building, structure or utility or perform any Page 13 of 92 other work regulated by this chapter or cause the same to be performed, without first having obtained a permit for the specific work to be performed from the building inspection division. Permits shall not be transferable. (3) Utilities. permit shall not be required of a utility, for the repair and maintenance of the equipment and facilities located outside the public way but within a utility easement when used in the distribution of such utility. (4) Public Schools. Public schools shall not be required to obtain a permit to erect, construct, enlarge, remodel, alter, repair or improve any school buildings owned and operated by them in active and exclusive use for classroom educational purposes. All such facilities remain subject to all other requirements of this Code, including chapter 26 (Zoning and Development). [NOTE: Subsections c through f below deviate from the base code by merging the base code provisions with the city’s existing code language that was previously located in Sections 5-34 through 39 regarding permit applicants, validity, expiration, cancellation, and revocation.] (C) Application for permit. (1) Development approval required. As required by chapter 26, site development review and zoning and/or engineering approval may be necessary prior to submittal of a building permit application. This includes, but is not limited to, new construction, additions, alterations, site development, and other required entitlements. (2) Authorized applicant. Permit applications may be submitted by the property owner, a licensed contractor, an architect, or other authorized agent. If the applicant is not a licensed contractor, the permit shall not be approved until the licensed individual or entity authorized to perform the work under chapter 5, article IV is listed on the permit. If the permit qualifies as a homeowner contractor permit, as defined in section 5-101, the applicant must be the homeowner. (3) Application to be filed. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the division. Such application shall: a. Identify and describe the work to be covered by the permit for which application is made. b. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work. c. Indicate the use and occupancy for which the proposed work is intended. d. Be accompanied by construction documents and other information as required in section 5-27 below. e. State the valuation of the proposed work. f. Be signed by the applicant or the applicant's authorized agent. g. Give such other data and information as required by the building official. (4) Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. (5) Time limit of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more Page 14 of 92 extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. (D) Validity of permit. (1) Issuance of a permit or approval of plans and specifications shall not be construed to permit any violation of this chapter, any other chapter of this Code, or any applicable law, ordinance, rule or regulation. (2) A permit shall be invalid if the work performed results in a violation of this chapter or other applicable law. Where such a violation occurs, and correction notices are not complied with, the permit may be suspended or revoked and the building, structure or utility shall be brought into compliance or removed or demolished. (3) The issuance of a permit based on construction documents and other data shall not prevent the building official from later requiring correction of errors in the construction documents and other data or from stopping unlawful activity being conducted under the permit. (4) The building official shall provide notice and an opportunity to correct conditions before revoking a permit, except where immediate action is necessary to protect public health or safety. (5) Permits shall not be transferable. (E) Expiration. (1) Term. Every permit shall expire if the work authorized by such permit is not commenced within one hundred eighty (180) days from the issue date of such permit or if the work authorized is suspended or abandoned for a period of one hundred twenty (180) days at any time after the work is started. (2) Automatic extensions. Completion of an approved inspection that demonstrates substantial progress toward project completion shall automatically extend the permit expiration date by 180 days from the date of the passed inspection. Inspections conducted solely to maintain an active permit without substantial work performed shall not result in an extension. (3) Requested extensions. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing prior to the permit expiration and justifiable cause demonstrated. (F) Suspension or revocation. (1) Authority. The building official is authorized to suspend or revoke a permit issued under the provisions of this code for any of the following reasons: a. Whenever there is a violation or suspicion of a violation of any provision of this chapter or any city ordinance which the division is empowered to enforce, or b. Whenever the permit issued in error or on the basis of incorrect, inaccuratge or incomplete information, or c. Whenever the continuance of any work becomes dangerous to life or property. (2) Notice. The notice of revocation or suspension of the permit in every instance shall be in writing and shall be served upon the holder of the permit, the owner of the property, or the person having charge of the work. After the notice is served, it shall be unlawful to proceed with any work for which such permit was issued. Revoked permits shall be canceled. Reinstatement of a revoked permit shall only be by written notice from the building official. (G) Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. Page 15 of 92 [NOTE: This section is reserved because there is not intent to adopt the requirements to post load limits, and this approach retains numbering aligned with the IBC.] Sec. 5-26. Reserved. [NOTE: The section below merges the base code and the city’s existing section 5-43 (drawings and specifications) to explain what documents are required to be submitted for review; it also includes drawing requirements from other I-codes and state codes so all requirements are in one location.] Sec. 5-27. Construction documents. (A) General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report, and other data shall be submitted with each permit application in a digital format as allowed by the building official. The construction documents shall be prepared by a registered design professional when required by the city or the State of Colorado. 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 review of construction documents is not necessary to obtain compliance with this code. (B) Construction documents. (1) General information. Construction documents, drawn by hand or electronically, shall be dimensioned and scaled. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and shall show in detail that the work proposed will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. (2) Fire protection system shop drawings. Shop drawings for the fire protection systems shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in the applicable sections of this code. (3) Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. (4) Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive barrier and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used. (5) Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture Page 16 of 92 barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions. (6) Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. If applicable, the site plan shall show flood hazard areas, floodways, and design flood elevations and comply with chapter 26, article VIII. (7) Structural information. The construction documents shall provide the information specified in IBC Section 1603 or IRC braced wall design, as applicable. (8) Relocatable buildings. Construction documents for relocatable buildings shall comply with IBC Section 3112, as applicable. (9) Mechanical, electrical, and plumbing drawings. Construction documents shall include information necessary to demonstrate compliance with the IMC, NEC, and IPC. Such details shall include, but not be limited to: a. The name, signature and address of the person or firm responsible for preparation of such drawings and specifications. The seal and signature of the engineer(s) and/or architect(s) responsible for the preparation of such drawings and specifications shall appear on each drawing. b. Mechanical drawings shall include equipment types and sizes, heating/cooling loads, system layouts, and details for heating, ventilation, cooling, and fire protection systems. c. Electrical drawings shall include service diagrams, load calculations, panel locations, conductor sizes, and a complete layout of electrical systems. d. Plumbing drawings shall include floor plans and riser diagrams showing pipe sizes, grades, fixture and appliance locations, and direction of flow. (10) Energy compliance information. Construction documents shall include information necessary to demonstrate compliance with the International Energy Conservation Code (commercial and residential provisions, as applicable). Such details shall include, but not be limited to: a. Energy compliance path, insulation materials and R-values, fenestration U-factors and SHGCs, and related calculations. b. Air sealing and air barrier details. c. Mechanical and service water-heating system design, types, sizes, and efficiencies. d. Duct and pipe insulation, sealing, and locations. e. Lighting fixture schedule, wattage, and control narrative. f. Solar-ready zone, structural design loads, and conduit pathways to electrical service panel. g. EVSE requirements, including number, type, and location of installed, EV-ready, and EV-capable spaces, conduit pathways, and termination points. h. Energy storage system (ESS) location, layout, and rated capacity where applicable. i. State-required forms and documents, such as energy compliance reports and Manuals J, S, and D Page 17 of 92 (11) Additional information required by the building official may include: a. Reports of an independent testing agency which substantiates the requirements of this chapter regarding structural or fire resistive characteristics of the building or portion thereof. b. Calculations indicating the determination of sizes of elements of the structure. a.c. Complete elevator layout. d. Any other information that may be deemed necessary in the determination of compliance with requirements of this chaptercode. (C) Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. (1) Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp. 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. (2) Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. (3) Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. (4) Design profession in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner’s authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner’s authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. a. Deferred submittals. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. Page 18 of 92 (D) Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. (E) Retention of construction documents. Refer to section 54-24(g). [NOTE: The section below implements the base code with cross reference to the applicable provisions of the fire and zoning codes.] Sec. 5-28. Temporary structures, equipment and systems. (A) General. The building official is authorized to issue a permit for temporary structures, equipment or systems. Such permits shall be limited as to time of service, and shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. (B) Conformance. Temporary structures and uses shall comply with the requirements of this code, including the building code, fire code, and zoning code and all other applicable laws and ordinances. (C) Temporary service utilities. The building official is authorized to give permission to temporarily supply service utilities in accordance with Section 112. this code. (D) Termination of approval. The building official is authorized to terminate such permit for a temporary structure, equipment or system and to order the same to be discontinued. [NOTE: The section below merges the base code with language from the city’s existing section 5-41 regarding fees as well as language previously sprinkled throughout the code regarding fees and refunds.] Sec. 5-29. Fees. (A) Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. (1) Additional fee calculation. The fee for a supplementary or amended permit to cover any additional valuation not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire valuation. (2) Expired permits. Before the work associated with an expired permit can be commenced or resumed, a new permit shall be obtained and the fee therefor shall be one-half the amount required for the original permit, provided that no changes have been made in the original drawings and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one (1) year. If the permit holder can demonstrate that the suspension or abandonment was occasioned by circumstances beyond his control and that it would be an injustice to require a fee for a new permit, the same may be issued without charge at the sole discretion of the chief building official. (B) Schedule of permit fees. All fees related to building permit review and processing under this chapter shall be established by council resolution. Building permit fees shall not include cost of land or public improvements associated with purchase of land for construction of the structure. (C) Permit valuations. The applicant for a permit shall provide an estimated project valuation at the time of application. Permit valuation shall include the value of all work, including all materials and all labor, for which the permit is being issued, such as foundation, structural and non-structural building components, electrical, gas, plumbing, mechanical, and interior finish materials. A minimum project valuation shall be also calculated by the building official based on the February building valuation data (BVD) promulgated and published by the International Code Council (ICC). The BVD represents Page 19 of 92 average costs-of-construction based on typical construction methods for each occupancy group and type of construction. The higher of the applicant stated valuation and the building official’s minimum calculated valuation shall be used to determine building permit fees. The final building permit valuation set by the building official under the foregoing procedure is the final decision of the city, appealable only to the district court. (D) Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. (E) Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. (F) Refunds. The building official shall authorize the refunding of fees as follows: (1) Erroneous payments. For any fee that was erroneously paid or collected, the full amount shall be refunded. (2) Issued permit. For a permit that is issued but no work is completed, up to eighty (80) percent of the permit fee paid may be refunded. (3) Application withdrawn or canceled. a. For a permit application that is withdrawn or canceled before any plan review effort has commenced, up to eighty (80) percent of the plan review fee paid may be refunded. b. For a permit application that is withdrawn or canceled after any plan review effort has commenced, up to fifty (50) percent of the plan review fee paid may be refunded with consideration for the extent of the review. A completed plan review may result in no refund of the plan review fee. (4) Revoked permit. For a permit that is revoked for cause per section 5-25, the permit fee shall not be refunded. (5) Expired permit. For permits that have expired, the permit fee shall not be refunded. [NOTE: The section below merges the base code and the city’s existing sections regarding inspections (5-22 and 5-23) and to explain what inspections are required; it also includes inspection requirements from other I-code and state codes so all requirements are in one location.] Sec. 5-30. Inspections. (A) General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (1) The building official is authorized to determine the inspection method necessary to confirm compliance with this code, such as in-person inspection by the code official or designee, inspection or certification by a third-party, or other method. The building official’s determination in this regard is final and unappealable. Page 20 of 92 (2) Incidental to any of these duties and powers, but without limitation of same, the division shall conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter and shall investigate or cause to be investigated all accidents pertaining to buildings, structures or utilities for the purpose of ascertaining whether the requirements of this chapter have been violated. (B) Preliminary inspections. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. (C) Required inspections. The building official, upon notification, shall make the inspections set forth in this section. (1) Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. (2) Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. (3) Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612.4 or the International Residential Code, as applicable, shall be submitted to the building official. (4) Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire- blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. (5) Types IV-A, IV-B and IV-C connection protection inspection. In buildings of Types IV-A, IV-B and IV-C construction, where connection fire-resistance ratings are provided by wood cover calculated to meet the requirements of IBC Section 2304.10.1, inspection of the wood cover shall be made after the cover is installed, but before any other coverings or finishes are installed. (6) Lath and gypsum panel product inspection. Lath and gypsum panel product inspections shall be made after lathing and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly (7) Weather-exposed balcony and walking surface waterproofing. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved. Exception: Where special inspections are provided in accordance with IBC Section 1705.1.1, item 3. (8) Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. (9) Energy efficiency inspections. Inspections shall be made to determine compliance with IBC Chapter 13 and the energy codes and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency. Page 21 of 92 (10) Mechanical, plumbing and fuel gas. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. Rough-in inspection shall be made after the roof, framing, fireblocking and bracing are in place and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. (11) Special and other inspections. In addition to the inspections specified in this section, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the building division. (12) Final inspection. The final inspection shall be made after all work required by the permit is completed. a. Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor or the elevation of dry floodproofing, if applicable, as required in chapter 26 of the Wheat Ridge Code of Laws shall be submitted to the floodplain administrator prior to the final inspection. (D) Inspection agencies. (1) The building official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. (2) Inspection by other reviewing agencies, including but not limited to the fire official, health department, zoning, engineering, and public works may be required for compliance with this and other codes. (E) Inspection requests. It shall be the duty of the holder of the building permit, or the permit holder’s duly authorized agent, to notify the building division when work is ready for inspection. The permit holder shall provide access to and means for inspection of such work as required by this code. (1) Procedures. The building official is authorized to establish the procedures for requesting inspections, including but not limited to the method of request, required information, deadlines or cutoff times for same-day or next-day scheduling, and any limitations on available times. Such procedures shall be published and made publicly available. (2) Fees. All fees related to The building official is authorized to establish fees for special inspection services, including after-hours inspections, same-day or expedited inspections, re-inspections, and other nonstandard inspection requests, shall be established by council resolution.. (3) Compliance. Failure to follow established procedures or to provide proper access to the work shall be grounds for deferral or denial of the inspection and may result in re-inspection or special inspection fees, as applicable. (4) Other Agencies. Where inspections are required by other agencies having jurisdiction, including but not limited to the fire code official, health department, or utility providers, such inspections shall be requested directly from those entities in accordance with their adopted procedures. (F) Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or the permit holder’s agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. (1) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (2) Approval of one (1) portion of work upon inspection shall not constitute approval of any other portion of work requiring inspection. Page 22 of 92 (G) Inspection programs. The building official is authorized to establish a program of regular and continuous inspection of existing manufacturing, commercial and residential buildings and structures within this city to provide and maintain the minimum standards of public health and safety required by this code. (1) Such a program of inspection hereby is authorized and approved, and the appropriate fire departments and health department, having jurisdiction in the city, and the building inspection division, are authorized and directed to make such inspections of such property as they determine are required to make such a program effective. (2) In the implementation of such a program of inspection, the duly authorized inspection personnel of such departments hereby are authorized and directed to use all means provided by law to such inspections. [NOTE: The section below relies heavily on the base code. For TCOs and CO revocation, the base code provides authority but does not provide procedural guidance. This clarity has been added to the code to communicate expectations to staff and customers.] Sec. 5-31. Certificate of occupancy. (A) Change of occupancy. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the city shall not be valid. It shall be the duty of the owner or the owner’s authorized agent to cause the work to remain visible and able to be accessed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with section 5-25. (B) Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department, the building official shall issue a certificate of occupancy that contains the following: (1) The permit number. (2) The address of the structure. (3) The name and address of the owner or the owner’s authorized agent. (4) A description of that portion of the structure for which the certificate is issued. (5) A statement that the described portion of the structure has been inspected for compliance with the requirements of this code. (6) The name of the building official. (7) The edition of the code under which the permit was issued. (8) The use and occupancy, in accordance with the provisions of IBC Chapter 3. (9) The type of construction as defined in IBC Chapter 6. (10) The design occupant load. (11) Where an automatic sprinkler system is provided, whether the sprinkler system is required. (12) Any special stipulations and conditions of the building permit. Page 23 of 92 (C) Temporary occupancy. The building official is authorized, in their sole discretion, to issue a temporary certificate of occupancy prior to completion of all work covered by a permit, provided that the portion of the building or structure to be occupied can be occupied safely. (1) Application. An application shall be submitted on forms provided by the city and shall include: a description of the areas or uses for which temporary occupancy is requested; a statement of justification identifying the need for temporary occupancy and the requested duration; and documentation of the status and anticipated completion of outstanding work. (2) Fee. A nonrefundable fee shall be paid in accordance with the city’s adopted fee schedule. (3) Approval and limitations. A temporary certificate of occupancy shall be issued only upon demonstration of justifiable cause and a finding by the building official, in consultation with the fire official aswith other reviewing agencies as appropriate, that all required life safety measures and related approvals have been satisfied. Temporary occupancy shall be considered on a case-by-case basis and may be limited to activities such as stocking, staff training, or other transitional uses. Public occupancy under a temporary certificate of occupancy is prohibited unless expressly authorized by the building official. (4) Duration. The building official shall establish the expiration date of the temporary certificate of occupancy. Extensions may be requested in writing, with justifiable cause demonstrated, and shall be granted at the sole discretion of the building official. (D) Revocation. The building official is authorized to suspend or revoke a certificate of occupancy, a temporary certificate of occupancy, or certificate of completion whenever the certificate is issued in error, issued on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the provisions of this code or any other applicable law or ordinance of the city. (1) Notice. Revocation shall be by written notice to the owner or occupant, stating the code basis for the action, the effective date (immediate or later), and any conditions for reinstatement. (2) Immediate action. Where an imminent threat to life safety exists, revocation may be made effective immediately upon oral notice or posting of the premises, with written confirmation to follow as soon as practicable. (3) Posting. The premises may be posted with a notice of “Certificate of Occupancy Revoked” or “Unsafe to Occupy” or similar, as determined by the building official, to communicate the limitations on use or occupancy. Such posting is not required for the effectiveness of the revocation. (4) Reinstatement. A revoked certificate may be reinstated by the building official upon correction of violations and verification by inspection, including payment of any applicable fees. (5) Appeals. The owner or occupant may appeal the revocation in accordance with section 5-33. (E) Preventing Occupancy. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the city. [NOTE: The section below comes entirely from the base code with no changes.] Sec. 5-32. Service utilities. (A) Connection of utilities. A person shall not make connections from a utility, a source of energy, fuel, or power, or a water system or sewer system to any building or system that is regulated by this code for which a permit is required, until approved by the building official. (B) Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility, the source of energy, fuel, or power, or the water system or sewer system for the purpose of testing systems or for use under a temporary approval. Page 24 of 92 (C) Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by this code. The building official shall notify the serving utility, and wherever possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. [NOTE: The section below merges the base code provisions with the city’s section 5-25 and prior local code amendments which state the Building Code Advisory Board as the city’s appeal board.] Sec. 5-33. Means of appeals. (A) General. Appeals of decisions, orders, or determinations made by the building official or the fire code official under this chapter shall be heard by the City of Wheat Ridge Building Code Advisory Board, as established in section 2-59 of the Wheat Ridge Municipal Code. Whenever this code refers to a “board of appeals,” such references shall mean the Building Code Advisory Board. (B) Jurisdiction and authority. (1) The Board shall hear and decide appeals of orders, decisions, or determinations made by the building official or fire code official relative to the application and interpretation of this code. (2) 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 this code do not fully apply; or an equivalent or better form of construction is proposed. (3) The Board shall not have authority to waive requirements of this code, nor to recommend or approve any action that decreases public safety or violates county, state, or federal law. (C) Qualifications and procedure. The board of appeals shall consist of members qualified by experience and training in matters pertaining to this code, with appointments and qualifications consistent with section 2-59. Appeals shall follow the processes and procedures established in section 2-59, including application deadlines and hearing procedures. (D) Decision and administration. The building official shall take action without delay in accordance with the decision of the board. [NOTE: The next three sections reverse the order from the base code. First, we describe stop work orders (authority and how to issue them), then unsafe buildings (defined and what to do with them), then violations (what to do if someone ignores a stop work, doesn’t fix an unsafe building, or violates any other portion of the code. Procedural clarity has been a significant deficiency in the existing code which has referred to a previously repealed code enforcement section and which did not clearly have the ability to utilize the city’s administrative enforcement tools. These sections build off the authority provided in the base code to provide more procedural detail.] Sec. 5-34. Stop work order (A) Authority. Where the building 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 official is authorized to issue a stop work order. (B) Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order. The stop work order may Page 25 of 92 simply require work to be halted until further notice, or it may order work to be stopped and specify the corrective actions required for compliance. (C) Emergencies. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. (D) Compliance. (1) Written notice of corrective actions shall be provided by the building official and may include, but are not limited to, application for or issuance of a permit, removal of unpermitted construction, restoration of the site to a safe condition, and the required timeline for corrective action. (2) Unless otherwise specified in the stop work order or the notice of corrective action, the property owner or authorized agent shall, within ten (10) days of service of the order and/or notice, either: a. Submit a complete application for the required permit(s); or b. Contact the building division to establish an acceptable remedy. (3) Work shall not resume until the building official determines that compliance has been achieved and authorizes resumption of the work. (E) Failure to comply. (1) Any person who fails to comply with the corrective actions or deadlines prescribed under subsection (d) shall be subject to the penalties provided in section 5-36. (2) Any person who continues or resumes work after service of a stop work order, except as authorized by the building official, shall be subject to the penalties provided in section 5-36. Sec. 5-35. Unsafe structures. (A) Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. (B) Notice. If an unsafe condition is found, the building official shall provide written notice to the owner of the structure, or the owner’s authorized agent, that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. (1) Method of service. Service of a notice of an unsafe condition on the responsible party shall be by any of the following means: a. The code officer may personally deliver a copy of the notice of violation to a responsible party; or b. A copy of the notice may be mailed by first class mail to the last known address of a responsible party as reflected in the county real estate records; or c. A copy of the notice of violation may be posted in a conspicuous place at the site of the violation. (C) Posting. The premises may be posted with a notice of “Unsafe to Occupy” or similar, as determined by the building official, to communicate the limitations on use or occupancy. (D) Immediate action. Page 26 of 92 (1) Where the building official determines that an imminent threat to life safety exists, the building official is authorized to enter the premises, order immediate evacuation, and post the structure or premises with a notice of “Unsafe to Occupy” or similar designation. (2) Such immediate measures may be taken prior to service of written notice under subsection (B). Oral notice to occupants or responsible persons present shall be given where practicable, with written notice to the owner or authorized agent provided as soon as reasonably possible thereafter. (3) Any person so ordered shall immediately comply with the building official’s direction to vacate, secure, or otherwise abate the unsafe condition pending further action. (E) Restoration or abatement. (1) Required. The owner, or any responsible party including an authorized agent, operator, or occupant, shall abate unsafe conditions by repair, rehabilitation, demolition, or other approved corrective action, as directed by the building official. (2) Code compliance. To the extent that repairs, alterations, additions, or a change of occupancy occur during restoration, such work shall comply with the requirements of the International Existing Building Code and this code. (3) Permits required. All required permits for abatement compliance actions, construction or demolition shall be obtained in accordance with this code. (4) The building official may issue a permit or permits for the required compliance actions by the owner which may include a permit expiration date shorter than the standard 180 day timeline. (F) Failure to comply. (1) Any person who fails to comply with the corrective actions, deadlines, or requirements prescribed under subsections (D) and (E) shall be subject to the penalties provided in section 5-36. (2) Any person who continues to occupy, to use, or to permit the occupancy or use of a structure after it has been posted as unsafe to occupy shall be subject to the penalties provided in section 5-36. Sec. 5-36. Violations and enforcement. (A) Unlawful act. It shall be unlawful for any person, firm, or entity to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or to allow such actions, in violation of this code, any permit issued under this code, or any order of the building official. (B) Procedures Alternate. The authorized city official may take any or all of the following enforcement actions upon a determination by that official that an unlawful act as described above has taken place: (1) Issue one or more stop work orders as provided by section 5-34 above, (2) Issue notice of violation under code section 2-83, followed by an administrative citation under code section 2-84, and/or (3) Issue a citation in to the municipal court under enforcement under code section 1-6. (C) Violation Penalties. Any person or entity who violates this code, a stop work order, or an unsafe structure order shall be guilty of a misdemeanor, punishable as set forth in section 1-5. (1) Each day the violation continues constitutes a separate offense. (2) Persons under 18 years shall not be imprisoned. Page 27 of 92 DIVISION 1. GENERALLY [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in 5-24(G).] Sec. 5-21. Records. (a) General file records in the building inspection division shall be open for public inspection, but may not be removed from the building inspection division. Except as provided by law, specific investigation records on individual cases and license applications are not open to the public except by direction of the mayor, or order from the court. (b) Plans on file in the building inspection division shall not be made available to the public for reproduction, tracing or copying. Nothing in this chapter is to be interpreted as prohibiting the city from microfilming or digital imaging and storage of any plans and specifications for file purposes within the city. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in 5-30.] Sec. 5-22. Inspections—Authority of chief building official; investigations and surveys. The chief building official shall have the authority to inspect, or cause to be inspected for compliance with this chapter, all buildings, structures and utilities. Incidental to any of these duties and powers, but without limitation of same, the division shall conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter and shall investigate or cause to be investigated all accidents pertaining to buildings, structures or utilities for the purpose of ascertaining whether the requirements of this chapter have been violated. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in 5-30.] Sec. 5-23. Same—Regular program. (a) A program of regular and continuous inspection of existing manufacturing, commercial and residential buildings and structures within this city hereby is found and determined to be necessary to provide and maintain the minimum standards of public health and safety required to be provided for by law. (b) Such a program of inspection hereby is authorized and approved, and the appropriate fire departments and health department, having jurisdiction in the city, and the building inspection division, are authorized and directed to make such inspections of such property as they determine are required to make such a program effective. (c) In the implementation of such a program of inspection, the duly authorized inspection personnel of such departments hereby are authorized and directed to use all means provided by law to such inspections. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in 5-28(D).] Page 28 of 92 Sec. 5-24. Right of entry. (a) Generally. Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter or other applicable law, or whenever the chief building official or his authorized representative, or any authorized inspection personnel of the fire departments or health department, has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises hazardous, unsafe or dangerous for any reason specified in this chapter or other similar law, the chief building official or his authorized representative hereby is authorized to enter such property at any reasonable time, or during normal business hours, and to inspect the same and perform any duty imposed upon the chief building official by this chapter or other applicable law; provided that: (1) If such property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor. (2) If such property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry is refused or cannot be obtained because the person having control of the property cannot be found after due diligence, the chief building official or his authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property. Notwithstanding the foregoing, if the chief building official or his authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, he shall have the right to enter immediately and inspect such property and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied, and whether or not permission to inspect has been obtained. If the property be occupied, he shall first present proper credentials, as provided for in section 5-22 to the occupant and demand entry, explaining his reasons therefore and the purpose of his inspection. (c) Owner's refusal to permit. No person shall fail or refuse, after proper demand has been made upon him as provided in this section, to permit the chief building official or his authorized representative to make any inspection provided for in section 5-22. Any person violating this section shall be guilty of a misdemeanor. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in 5-33.] Sec. 5-25. Building code advisory board. Whenever in this chapter reference is made to an appeal from any written ruling or administrative decision, the building code advisory board as established in section 2-59 of this Code shall be the appellate body so designated, whether it shall be styled as board of appeals, housing appeals and advisory board, or by any other name. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-26—5-32. Reserved. DIVISION 2. BUILDING PERMIT [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-35 in subsections (A), (B) and (D).] Sec. 5-33. Required; utility exception. (a) No person nor the federal, state, county or city government or any agency, subdivision or department thereof shall erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert, demolish or Page 29 of 92 change type of occupancy of any building, structure or utility or perform any other work regulated by this chapter or cause the same to be performed, without first having obtained a permit for the specific work to be performed from the building inspection division. Permits shall not be transferable. (b) A permit shall not be required of a utility, for the repair and maintenance of the equipment and facilities located outside the public way used in the distribution of such utility which has been exempted elsewhere in this chapter. (c) School districts shall not be required to obtain a permit to erect, construct, enlarge, remodel, alter, repair or improve any school buildings. Owned and operated by them in active and exclusive use for classroom educational purposes. All such facilities remain subject to all other requirements of this Code, including chapter 26 (Zoning and Development). (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-33.] Sec. 5-34. Authorized applicants. Only persons duly licensed under the terms and provisions of this chapter may apply for a permit, and such licensees may apply for and be issued permits to perform only such work as they are entitled to perform under their respective licenses. Any application for a permit filed in derogation of this chapter shall be deemed to have been filed with fraudulent intent and shall be considered null and void. Notwithstanding the foregoing and in addition thereto, the following persons shall be deemed to be authorized applicants: (1) Any person(s) who owns a group R building may make application for permit to enlarge, remodel, alter, repair, improve, convert or demolish such building. Upon issuance of a permit hereunder all such work authorized shall be performed personally only by such person(s) and shall be performed in accordance with all the requirements of this chapter. (2) Designated Worker – The owner(s) may designate worker(s) to assist with the performance of the permitted work provided the worker(s) receive(s) no compensation from the owner(s) for the work performed. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1999-1163, § 1, 7-26-99) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-33.] Sec. 5-35. Application to be filed and signed. (a) To obtain a permit, the applicant shall first file an application in writing on a form furnished by the building inspection division and such application shall include all information and reflect such qualifications as may be required. The application for a main building or an addition that exceeds fifty (50) percent of the present gross floor area, except as pertains to all Residential-One (R-1) zoning category, shall be accompanied by a development plan, including, but not limited to, landscaping, drainage, traffic flow, parking and park and street dedication. Building permits will not be issued unless such development plan has received the approvals subject to additional engineering and/or zoning requirements by the engineering and/or the planning divisions, respectively. (b) A licensee and/or his authorized representative shall be required to sign all applications for permits issued to him. The licensee shall submit a list annually to the division indicating the licensee signature and those of his authorized representatives. An applicant for an owner's permit shall be required to sign all applications for permits issued in his name. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1683 , § 4, 1-27-20) Page 30 of 92 [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-25(D).] Sec. 5-36. Validity. (a) The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of, any violation of the provisions of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter ensued. When such violation occurs and correction notices are not followed, the permit shall be deemed to be canceled and the building, structure or utility shall be made to conform with the provisions of this chapter or shall be removed or demolished. (b) The issuance of a permit, based upon drawings and specifications, shall not prevent the division from thereafter requiring the correction of violations in the drawings and specifications or from stopping unlawful building operations being carried on thereunder. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-25(E).] Sec. 5-37. Expiration and cancellation. (a) Generally. Every permit shall expire if the work authorized by such permit is not commenced within sixty (60) 180 days from the issue date of such permit, or if the work authorized is suspended or abandoned for a period of one hundred twenty (1820) days at any time after the work is started. Expired permits shall be canceled and no refund of the permit fee shall be made. Before such work can be commenced or resumed, a new permit shall be obtained and the fee therefor shall be one-half the amount required for the original permit, provided that no changes have been made in the original drawings and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one (1) year. If the permit holder can demonstrate that the suspension or abandonment was occasioned by circumstances beyond his control and that it would be an injustice to require a fee for a new permit, the same may be issued without charge at the sole discretion of the chief building official. (b) Exception: The work authorized by a wrecking or moving permit shall be commenced within thirty (30) days from the date of issuance of such permit and shall be continuous until the work authorized by such permit is completed. If such work is suspended or abandoned for a period of ten (10) days after the work is commenced, the permit shall expire. For the purpose of this section, the definition of "continuous" shall be the normal rate of progress in completion of a project in keeping with good building or demolition practices. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-33(F).] Sec. 5-38. Revocation and suspension—Generally. The building inspection division may revoke or suspend any permit or may stop the work for any of the following reasons: (1) Whenever there is a violation or suspicion of a violation of any provision of this chapter or any city ordinance which the division is empowered to enforce. (2) Whenever the continuance of any work becomes dangerous to life or property. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1585 , § 1, 10-26-15; Ord. No. 1630 , § 1, 11-27-17) Page 31 of 92 [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-33(F).] Sec. 5-39. Same—Notice. The notice of revocation or suspension of the permit in every instance shall be in writing and shall be served upon the holder of the permit, the owner of the property or the person having charge of the work. After the notice is served, it shall be unlawful to proceed with any work for which such permit was issued. Revoked permits shall be canceled and the permit fee shall not be refunded. Reinstatement of a permit shall be by written notice from the building inspection division. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted and not retained; authority is provided to revoke a contractor license or to not issue a permit. The origin of this provision is unknown.] Sec. 5-40. Stopping issuance under certain conditions. The director of planning and community development or the director of public works may order, in writing, that the chief building official temporarily stop issuing building permits to a certain owner or person in the case of willful and repeated violation of this chapter, the city engineer's standards and specifications, or other city regulations. (Ord. No. 1996-1039, § 1, 7-29-96) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-29.] Sec. 5-41. Fees. (a) All fees related to building permit review and processing under this chapter shall be established by council resolution. Building permit fees shall not include cost of land or public improvements associated with purchase of land for construction of the structure. (b) The Government of the United States of America, the State of Colorado and its political subdivisions, the city and all agencies and departments thereof shall be exempt from the payment of fees for work performed on buildings, structures or utilities owned wholly by such agencies or departments and devoted exclusively to governmental use. (c) The fee for a supplementary permit to cover any additional valuation not included in the original permit shall be the difference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire valuation. (d) Permit fees imposed under this chapter that relate to "valuation," "total cost" or similar reference to the monetary value of a project shall be calculated by reference to the most recent February building valuation data (BVD) promulgated and published by the International Code Council (ICC) or the customer stated valuation whichever is higher. The BVD represents average costs-of-construction based on typical construction methods for each occupancy group and type of construction. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1628 , § 1, 8-28-17; Ord. No. 1683 , § 5, 1-27-20) [NOTE: The following section is deleted because Chapter 14 of the IEBC adequately covers requirements. The authority of additional agencies to review permits is provided in Article II.] Page 32 of 92 Sec. 5-42. House moving permits. (a) Each house moving permit shall be issued subject to the approval of the director of public works and the chief of police. Failure to obtain approval as set out above shall nullify and void the permit issued by the building inspection division and any fees paid shall be retained by the city. The chief building official, and other departments and authorities mentioned herein, may impose reasonable conditions on the permit holder to ensure the safe movement of any building within the city. (b) Each house moving permit shall be assessed a one hundred dollar ($100.00) processing fee for issuance of the permit which shall be due and payable at time of application for the permit. In addition to the processing fee, the permittee shall provide a fifteen thousand dollar ($15,000.00) bond or insurance certificate or other suitable security to the city as a guarantee to the city that any damages to public improvements are repaired to new condition. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1999-1163, § 1, 7-26-99) [NOTE: The following section is deleted because administrative provisions are now addressed in Article II; this content is now addressed in Section 5-27.] Sec. 5-43. Drawings and specifications. (a) Required drawing and specifications. Drawings and specifications shall be required prior to the issuance of a permit. Such drawings and specifications shall be checked and approved by the building inspection division prior to the issuance of a permit for the work to be performed. All drawings shall have the building division stamp of approval on each page thereof. (b) Who may submit. Any person may submit drawings and specifications in connection with an application for a permit, except that permits for buildings for public or semipublic nature or for any building exceeding two (2) stories in height or with a clear span exceeding twenty-four (24) feet shall require approval of a state licensed architect or engineer. Retaining walls over five (5) feet in height must be designed and approved by a state-licensed engineer. A survey establishing the location of boundaries and a plan for drainage of the property upon which the operations are to be executed may be required by the chief building official. Exception: Single-family residences embodying standard construction techniques may be specifically excluded by the chief building official from the requirement for architectural or engineering service. Permits for small and unimportant structures may be issued without requiring complete plans. (c) Standards for preparation; content. Drawings, when required, shall be made to scale upon substantial paper, plastic or cloth and the drawings and specifications shall be complete and of sufficient clarity to indicate the entire nature and extent of the work proposed and to indicate in detail that the building, structure and utilities will conform to the provisions of this chapter, current subdivision regulations in effect at the time the permit is issued, and all relevant laws, ordinances, rules and regulations. Mechanical drawings, specifications and analyses shall contain: (1) The name, signature and address of the person or firm responsible for preparation of such drawings and specifications. The seal and signature of the engineer(s) and/or architect(s) responsible for the preparation of such drawings and specifications shall appear on each drawing. (2) At least single line drawings (including typical isometric) of plumbing, heating and air-treatment systems. (3) BTU rating of gas units, including method of combustion air supply, type of refrigeration and horsepower and gas meter locations. (4) Heating, ventilation, cooling and fire protection details. Electrical drawings, specifications and analyses shall contain: Page 33 of 92 (5) The name, signature and address of the person or firm responsible for the preparation of such drawings and specifications. The seal of the engineer or architect responsible for the preparation of such drawings and specifications stamped on each drawing and signature affixed thereto. (6) A complete electrical layout with a service diagram showing load breakdown and sizes of service and feeder conductors and location of feeder panels. Additional information required by the division may include: (7) Reports of an independent testing agency which substantiates the requirements of this chapter regarding structural or fire resistive characteristics of the building or portion thereof. (8) Calculations indicating the determination of sizes of elements of the structure. (9) Any other information that may be deemed necessary in the determination of compliance with requirements of this chapter. (10) Complete elevator layout. (d) Disposal after final inspection. After final inspection has been made upon completion of the work approved in a set of drawings and specifications, the division copy of such drawings and specifications shall be disposed of in the following manner: (1) All drawings and specifications pertaining to commercial, residential (four-plex or larger), and city- owned buildings, structures or utilities shall be kept in a permanent file. (2) Residential drawings and specifications may be disposed of at any time after one hundred eighty (180) days have elapsed from the date of issuance of the certificate of occupancy. (3) Drawings and specifications submitted for checking only may be disposed of after sixty (60) days. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1999-1163, § 1, 7-26-99) Secs. 5-37—5-43. Reserved. [NOTE: The following sections are retained.] Sec. 5-44. Compliance with subdivision regulations. Prior to the issuance of a certificate of occupancy for new construction of a dwelling or main building, applicable subdivision regulations existing at the time the building permit was issued shall be complied with by the owner or his assigns. This shall include the proper installation of curb, gutter and sidewalk in compliance with the adopted standards, installation of streets adjacent to the building site as required by the regulations, installation of proper fire hydrants to meet the standards adopted, proper connection to public water and sewer facilities as required by the regulations, and compliance with other adopted standards. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-45. Public improvements required. (A) Applications for building permits shall be reviewed by the community development director to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other improvements as may be required by this section or the subdivision regulations. (B) The requirements of sections 26-413, 26-414, 26-415, 26-417, and 26-418 pertaining to public improvements and the dedication of streets, parks, and public sites shall apply to any site development regardless of whether the application is subject to subdivision review. Page 34 of 92 (C) If a fee-in-lieu of parkland dedication is required by section 26-414, the requirement shall be included as a condition of approval on the building permit and payment shall be made to the city prior to issuance of a building permit. (D) If public improvements are required by section 26-417, the requirement shall be included as a condition of approval on the building permit. If fees are paid in lieu of construction as provided in section 26-417, payment shall be made to the city prior to issuance of a building permit. (E) Any owner, contractor or developer who is aggrieved by a decision of the community development director requiring installation of such public improvements or payment of funds in lieu of construction shall have the right to appeal the director's determination to the board of adjustment pursuant to section 2-61. (F) The community development director shall have the authority to close any escrow held by the city under the prior version of this section, for commercial or industrial projects and refund the monies to the original depositor, upon satisfaction of the following conditions: (1) The escrow has been held by the city for ten (10) years or more; (2) Written notice and an opportunity for hearing before the public works director shall be given by certified mail to the last known address of the developer; (3) The director must find that the original purpose of the escrowed funds has been or cannot be fulfilled. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1503, § 1, 10-10-11; Ord. No. 1528, § 1, 10-22-12; Ord. No. 1547 , § 3, 4-28-14; Ord. No. 1683 , § 6, 1-27-20) Sec. 5-46. Permissible hours of construction activities; temporary waivers. (A) Construction activities are limited to the hours of 7:00 a.m. to 7:00 p.m. of the same calendar day, with the following exceptions: (1) Construction activities required to address an immediate threat to the health, safety or welfare of any person. (2) Construction activities that do not otherwise violate section 16-103 of this Code, concerning unreasonable noise and disturbing the peace. (3) Construction activities authorized by a temporary waiver from the requirements of this section issued by the community development director. Any person may file a written request for a temporary waiver from this section to the community development director, no less than fourteen (14) days before the first day of the proposed construction activity, specifying the proposed scope of work, dates and hours of construction activity and how the proposed activity meets the requirements of this paragraph (3). In an application for a waiver, the burden shall be on the applicant to establish that the expanded hours are necessary based on construction-related best practice or convenience and provided that every effort has been made to minimize detrimental impacts to the general health, welfare, safety and convenience of persons residing or working in the neighborhood and the expanded hours will not be injurious to property or improvements in the community. The community development director is authorized to impose conditions and limitations on any granted waiver designed to ensure that the requirements of this paragraph are met. Upon approval of a temporary waiver the community development director shall promptly provide written notice of said waiver to property owners within three hundred (300) feet of the property for which the waiver has been granted. The community development director may revoke, suspend or modify any previously-granted waiver upon a finding that any activity conducted thereunder has failed to satisfy the requirements of this paragraph or has violated any term or condition of the waiver. The applicant shall be promptly notified of any such revocation, suspension or modification in writing, which notice shall be sent by certified mail, return receipt requested, to the mailing address provided in the waiver application, and posted in a conspicuous place at the work site. Page 35 of 92 (B) As used in this section, "construction activities" includes all activities related to the building, repair, maintenance or alteration of a building or structure for which a permit is required by this chapter, by way of illustration only and not by way of limitation: Pouring concrete and idling of concrete mixing trucks; operating construction-related equipment; performing outside construction work for the purposes of erection, demolition, excavation, alteration or repair of any building, structure or project; operating a pile driver, power shovel, pneumatic hammer, derrick, power hoist or other construction-type device; and loading and unloading of construction materials or idling of delivery trucks. (Ord. No. 1630 , § 2, 11-27-17) Secs. 5-47—5-7455. Reserved. DIVISION 3. RESERVED Secs. 5-56—5-75. Reserved. ARTICLE III. TECHNICAL CODES [NOTE: The following section is new and lists all adopted codes and appendices. In this article, new or edited text is underlined. Retained local amendments are shown in black text without underlining. Many local amendments are retained.] Sec. 5-75. Building codes adopted by reference. (A) Adopted Codes. The following codes are hereby adopted by reference and incorporated into this article as though fully set forth herein as the building code of the City of Wheat Ridge. Appendices are adopted only as noted. (1) 2024 International Building Code (IBC), excluding Chapter 1 (2) 2024 International Residential Code (IRC), excluding Chapter 1 and with the following appendices: BB, BE, BF, BO, CA, CB, CC, CE, CF, and CH (3) 2024 International Fuel Gas Code (IFGC), excluding Chapter 1 but retaining Section 102 (4) 2024 International Mechanical Code (IMC), excluding Chapter 1 but retaining Section 102 (5) 2024 International Plumbing Code (IPC), excluding Chapters 1 and 14 but retaining Section 102 (6) 2024 International Energy Conservation Code (IECC), excluding Chapter 1 but retaining Sections C102, R102, C107, and R107 (7) 2024 International Existing Building Code (IEBC), excluding Chapter 1 (8) 2024 Swimming Pool and Spa Code (ISPSC), excluding Chapter 1 but retaining Sections 102 and 111 (9) 2024 International Private Sewage Disposal Code (IPSDC), excluding Chapter 1 (10) 2024 International Property Maintenance Code (IMPC), excluding Chapter 1 but retaining Section 102 (11) 2024 International Fire Code (IFC), excluding Chapter 1 but retaining Section 105 and adopting the following appendices: B, C, D, F, H, O (12) National Electric Code, latest edition adopted by the Colorado State Electrical Board (13) Accessible and Usable Buildings and Facilities standard (ICC/ANSI A117.1) Page 36 of 92 (14) Colorado Model Electric Ready and Solar Ready Code (15) Colorado Model Low Energy and Carbon Code, excluding Chapter 1 but retaining Sections C102, R102, C107, and R107 (B) Copies. One (1) copy of the adopted codes shall be available in the office of the division and may be inspected during regular business hours. (C) Local Amendments. Except as otherwise provided hereafter, such codes are adopted in full. Sec. 5-76. Building code. (A) Adoption. The International Building Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IBC" or the "building code" and may be cited and referred to as such. 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 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, and index. Only the following appendices are hereby adopted by reference: Appendices E and I. The 2018 International Building Code shall be known as the "I.B.C." or the "building code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Other codes referenced elsewhere in this code shall be considered to be part of the requirements of the IBC to the prescribed extent of each such reference. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Building Code. Chapter 1. Delete in its entirety; refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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. Page 37 of 92 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. 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. Page 38 of 92 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 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 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 Page 39 of 92 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. 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. Page 40 of 92 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 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: [NOTE: The following section is amended per council policy direction to require sprinklers in townhomes.] 420.4 Automatic sprinkler system. Amend the paragraph to read: 420.4 Automatic sprinkler system. Group R occupancies, with the exception of R-3 one and two family dwellings and home-based day cares up to twelve (12) children and townhouses, 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. Page 41 of 92 [NOTE: The following section is deleted because the exception is established in Chapter 4 above. IBC Chapter 9 explains the specs for sprinklers to the extent they are installed.] 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 and townhouses. [NOTE: The following section is deleted because the current accessibility code is included in Section 5-75.] 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 2117 Edition. [NOTE: The following section is deleted to defer to the base code without local amendment.] 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. [NOTE: The following section is simplified to defer to manufacturer instructions for steep roofs.] 1507.2.76 Attachment. Amend to read in its entirety: 1507.2.76 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 2120 units vertical in 12 units horizontal (21:12) shingles shall be installed as required by the manufacturer. (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. [NOTE: The following section is amended to add an additional reference to mid-roof inspection for clarity.] 1507.2.78.2 Ice barrier. Amend to read in its entirety: 1507.2.78.2 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. Ice barrier shall be inspected during mid-roof inspection. Exception: Detached structures and attached garages that contain no conditioned floor area. [NOTE: The following section does not exist in the 2024 code to be amended, so it is deleted. The local amendment providing relief for hoop house loads is added below.] 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. 1607.2.1 Hoop house roof load. Amend to add as follows: 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: Page 42 of 92 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. [NOTE: The following section is deleted because the base code is largely sufficient. The local amendment requiring a structural engineer (per state law) is retained below.] 1808.1 General. Amend to read in its entirety: 1808.1 General. Footings shall be designed and constructed in accordance with Sections 1805.1 8.2 through 1805.98.9. Footings and foundations shall be built on undisturbed soil, compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.5.8. CLSM shall be placed in accordance with 1803.6..5.9 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). 1808.1 General. Amend to add at the end of the section: All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado. 3001.23 Referenced Standards. Amend to read in its entirety: 3001.23 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 the applicable standards in Table 3001.3ASME A90.1, ASME B20.1, ALCTV, and ASCE 24 for construction in flood hazard areas established in section 1612.3 of this code. The design, construction installation, alteration, repair and maintenance of elevators and conveying systems shall also conform to ASME A17.1, ASME A17.2, ASME A17.3, ASME A18.1 and ASME QE-1 and all other standards referenced in Section 2-6-1(1) 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 Tensile membrane structures and air-supported structures. Add the following language to Section 3102.2: For the purpose of this chapter, a hoop house shall be defined as a 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 Page 43 of 92 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 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. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1276, § 1, 2-11-03; Ord. No. 1337, § 1, 12-13-04; Ord. No. 1360, § 1, 6-12-06; Ord. No. 1450, § 1, 8-24-09; Ord. No. 1460, § 1, 5-10-10; Ord. No. 1492, § 1, 5-23-11; Ord. No. 1494, §§ 1—9, 6-13-11; Ord. No. 1559 , § 1, 10-13-14; Ord. No. 1682 , § 1, 1-13-20) Sec. 5-77. National electrical code. (A) Adoption. The National Electrical Code (NFPA-70), published by the National Fire Protection Association, is adopted by reference per section 5-75 and shall be known as the “NEC” or the “electrical code” and may be cited and referred to as such. 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. 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. 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 Any modifications to or newer versions of the National Electrical Code (NFPA-70) that are adopted by the Page 44 of 92 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. The 2017 National Electrical Code shall be known as the "N.E.C." or the "electrical code" and may be cited and referred to as such. (B) Amendments. The NEC is adopted without local amendment. The administrative provisions of article II above shall apply. (C) Scope. This article covers use and application, arrangement, and enforcement of this code. It also covers the expression of mandatory, permissive, and nonmandatory text, provides guidance on the examination of equipment and on wiring planning and specifies the use and expression of measurements. (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. (c) Electrical permit fees. Electrical permit fees shall be as follows: All fees shall be computed based on the estimated project valuation at the time of application. project valuation shall include the value of all work, including all costs of labor and materials related to the project. Project valuation shall be calculated by the building division based on data published on the city website or other reasonable means, and the higher of the applicant's stated valuation and the division's calculated valuation shall be used to determine permit fees. Fees shall be computed based upon table 1-A of the city's fee schedule, as adopted from time to time by city council resolution ("table 1-A"), at time of obtaining the permit. (d) Fees for work without a permit. Items of work for which a permit is required under this section which are commenced before a permit is secured shall be assessed a fee as set forth in table 1-A. This fee shall be in addition to the permit fee required for such work pursuant to table 1-A. (ec) Electrical inspections. (1) General. All construction and work for which a permit is required by the code adopted by this section 5-77 shall be subject to inspection by the building official to ensure compliance with said code and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the code adopted by this section or of other ordinances of the city. Inspections presuming to give authority to violate or cancel the provisions of the code adopted by this section or of other ordinances of the city shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Approval of one (1) portion of work upon inspection shall not constitute approval of any other portion of work requiring inspection. (2) Inspection agencies. The building official is authorized to accept reports of inspection agencies, provided such agencies satisfy the building official's requirements as to qualifications and reliability. (3) Permit posted. Inspection records available. No construction or work for which a permit is required by the code adopted by this section shall be commenced until such required permit is posted at the work site. Additionally, all inspection records for a work site shall be maintained and made available for inspection by the city on-site at all times that work is occurring at such site. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1999-1163, § 1, 7-26-99; Ord. No. 1277, § 1, 2-10-03; Ord. No. 1378, § 1, 11-27-06; Ord. No. 1541 , § 1, 8-12-1; Ord. No. 1559 , § 2, 10-13-14; Ord. No. 1682 , § 2, 1-13-20) Sec. 5-78. Mechanical code. (A) Adoption. The International Mechanical Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IMC" or the "mechanical code" and may be cited and referred to as such. The International Mechanical Code, 2018 Edition, is hereby adopted by Page 45 of 92 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. The 2018 International Mechanical Code shall be known as the "I.M.C." or the "mechanical code" and may be cited and referred to as such. (B) Scope. This code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height shall comply with this code or the International Residential Code. (C) 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 2024 International Mechanical Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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: Page 46 of 92 106.5.2 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: 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 Page 47 of 92 capable of removing particulate and odors as required to achieve levels that do not constitute as nuisance to adjacent occupants, structures and properties. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1337, § 2, 12-13-04; Ord. No. 1460, § 2, 5-10-10; Ord. No. 1559 , § 3, 10-13-14; Ord. No. 1563 , § 12, 1-26-15; Ord. No. 1682 , § 3, 1-13-20) Sec. 5-79. Plumbing code. [NOTE: Local governments are required to adopt the Colorado Plumbing Code (CPC) as a minimum standard. Currently the CPC is based on the 2018 IPC. The following section adopts the 2024 IPC, which meets or exceeds state standards. Staff will continue to monitor state code updates.] (A) Adoption. The International Plumbing Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IPC" or the "plumbing code" and may be cited and referred to as such. 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. The 2018 International Plumbing Code shall be known as the "I.P.C." or the "plumbing code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the city. This code shall regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems. The installation of fuel gas distribution piping and equipment, fuel-gas-fired water heaters and water heater venting systems shall be regulated by the International Fuel Gas Code. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Plumbing Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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. Page 48 of 92 106.5.3 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. 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. Page 49 of 92 [NOTE: The following section is deleted to defer to the base code without local amendment.] 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 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 Page 50 of 92 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. [NOTE: The following section is amended to defer back to the base code but still retains the 12” requirement.] 903.1.1 Roof Extensions Unprotected. Amend to read in its entirety: 903.1 Roof Extension. Open vent pipes that extend through a roof shall be terminated not less than 12 inches (mm) above the roof. 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. [NOTE: The following sections are added to align with the Colorado Plumbing Code which does not require a shower pan inspection and has a state modification related to valves.] 312.10 Shower liner test. Delete in its entirety. 412.3 Individual shower valves. Amend to add section 412.3.1: 412.3.1. Showerheads shall be located on the sidewall of shower compartments or be arranged so the shower head does not discharge directly at the entrance to the compartment and the bather can adjust the valve prior to stepping int the shower spray. 503.4.1 Plastic piping. Amend to read in its entirety: 503.4.1 Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure at the time of inspection prior to being connected to the water heater. 503.4.1.1 Plastic Vent Joints. Plastic pipe and fittings used to vent appliances shall be installed in accordance with the appliance manufacturer’s instructions. Plastic pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in accordance with the vent manufacturer’s instructions. Where a primer is required, it shall be a contrasting color. Chapter 14. Delete in its entirety. (D) Greywater: Prohibition and Findings. Except for any systems permitted before the effective date of this section, the installation of graywater treatment works and the use of graywater are prohibited within the City of Wheat Ridge. The City Council finds and determines the adoption of this section is in the best interests of and necessary for the protection of the health, safety, and welfare of the public. This subsection 5-79(D) is enacted pursuant to C.R.S. § 31-15-601(1)(m)(I) and section 4.7 of the home rule charter of the City. The City Clerk is hereby directed to send notice of the adoption of this section to the Division of Administration, Department of Public Health and Environment pursuant to C.R.S. § 31-15-601(1)(m)(I)(B). (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1337, § 3, 12-13-04; Ord. No. 1460, § 3, 5-10-10; Ord. No. 1559 , § 4, 10-13-14; Ord. No. 1682 , § 4, 1-13-20) Page 51 of 92 [NOTE: The following section is deleted in full because it has been replaced by the IPMC, which absorbs and modernizes the 1997 UCADB. The UCADB was published by a predecessor of the ICC which no longer exists.] Sec. 5-80. Reserved. 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 (1) 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. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1682 , § 5, 1-13-20) [NOTE: The following section is deleted in full because it is out of place; fees are addressed above in Article II and within the city budget.] Sec. 5-81. Reserved. Sign and demolition permit fees. New or replacement signs shall have fees based on the valuation of the installation (total cost to the customer) and such fees shall be computed based on Table 1-A of the International Building Code. Demolition permit fees shall be fifty dollars ($50.00) per address. Single- or double-sided sign face changes shall not be subject to sign fees. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1998-1140, § 1, 11-23-98; Ord. No. 1999-1163, § 1, 7-26-99; Ord. No. 1559 , § 5, 10-13-14) Sec. 5-82. Property maintenance code. (A) Adoption. The International Property Maintenance Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IPMC" or the "property maintenance code" and may be cited and referred to as such. 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. The 2018 International Property Maintenance Code shall be known as the "I.P.M.C." or the "property maintenance code" and may be cited and referred to as such. (B) Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (C) 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 2024 International Property Maintenance Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. Page 52 of 92 [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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. [NOTE: The following section is amended to align the exceptions with the language in the base code.] 303.2 Enclosures. Amend to read in its entirety: 303.2. Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches from the gate post. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. Exceptions: 1. Spas or hot tubs equipped with a lockable safety cover that complies with ASTM F1346. 2. Private swimming pools equipped with a power safety cover that complies with ASTM F1346 and is in working condition using the control switch. 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. Page 53 of 92 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. (Ord. No. 1207, §§ 1—6, 9-25-00; Ord. No. 1337, § 4, 12-13-04; Ord. No. 1559 , § 6, 10-13-14; Ord. No. 1682 , § 6, 1-13-20) [NOTE: The following section is deleted in full because it is out of place; this is addressed above in Article II.] Sec. 5-83. Technical code violation penalties. Reserved. Except as otherwise provided for in the amendments for a code adopted herein by reference, a person, firm, corporation, partnership or any other entity who violates any of the technical codes contained in this articles, as such violations are defined in each of the respective codes and its amendment(s), may be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period of not exceeding one year, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of a technical code contained in this article. Each day that a violation continues shall be deemed a separate offense. The penalties provided in this section are intended to apply exclusively and solely to the technical codes contained in this articled and do not rescind, amend or otherwise affect any other penalty provisions of this chapter. (Ord. No. 1212, § 1, 12-11-00; Ord. No. 1460, § 10, 5-10-10) Sec. 5-84. Energy conservation codes. (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. The only appendices hereby adopted by reference are appendices CA and RA. The 2018 International Energy Conservation Code shall be known as the "I.E.C.C." or the "energy code" and may be cited and referred to as such. (A) Adoption. (1) The International Energy Conservation Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IECC" or the "energy code" and may be cited and referred to as such. (2) The Colorado Model Electric Ready and Solar Ready Code, 2023 edition published by the State of Colorado, is adopted by reference per section 5-75 and shall be known as the "ERSR" or the "state electric and solar code" and may be cited and referred to as such. (3) The Colorado Model Low Energy and Carbon Code, 2025 edition published by the State of Colorado, is adopted by reference per section 5-75 and shall be known as the "LECC" or the "state energy code" and may be cited and referred to as such. [NOTE: The waivers described below come directly from the state’s model codes and are included here for ease of use.] Page 54 of 92 (B) Scope. (1) The IECC and the LECC applyies to the design and construction of all buildings. The commercial provisions shall apply to the design and construction of buildings not covered by the scope of the IECC—Residential Provisions, and the residential provisions shall apply to the design and construction of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) and Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. The following waivers shall be permitted to be requested if buildings meet the following requirements. (D) Buildings Impacted by a Natural Disaster. The building official is permitted to authorize, upon appeal in specific cases, a waiver from the requirements of IECC Section C410 where, owing to a declared natural disaster that has destroyed buildings or resulted in other exceptional and extraordinary circumstances as determined by building official, and building official determines enforcement of the provisions of IECC Section C410 will result in unnecessary hardship. (E) Substantial Cost Differential Waiver. The building official shall be permitted to authorize, upon appeal, a waiver from the requirements of IECC Section C410 for an applicant with a commercial building with a gross floor area greater than 10,000 square feet (929 m2) that asserts that compliance with IECC Section C410 will result in a substantial cost differential. The building official, when authorizing such a waiver, shall be permitted to waive certain requirements of IECC Section C410 only until the cost differential for compliance with the remaining requirements reaches one percent or less. The burden of proof is upon the applicant to provide substantiation of a cost differential, such as quotes or other licensed design professional analyses as approved by the building official. For the purposes of this section, “substantial cost differential” means costs incurred as a result of compliance with the requirements of IECC Section C410 would exceed one percent of the total mechanical, electrical, and plumbing construction costs inclusive of materials and labor. (2) The ERSR applies to the design and construction of all buildings. The commercial chapters of the ERSR shall apply to commercial buildings, and the residential chapters of the ERSR shall apply to residential buildings. The following waivers shall be permitted to be requested if buildings meet the following requirements. a. Commercial Buildings Greater than 10,000 sq. ft. Commercial buildings that have a gross floor area greater than 10,000 sq. ft. shall be eligible to request a partial waiver to the requirements of this code if they meet the requirements of ERSR Section 102.2. b. Buildings Impacted by a Natural Disaster. The building official is permitted to authorize, upon appeal in specific cases, a waiver from the requirements of this code where, owing to a declared natural disaster that has destroyed buildings or resulted in other exceptional and extraordinary circumstances as determined by the building official, and building official determines enforcement of the provisions of this code will result in unnecessary hardship. c. Substantial Cost Differential Waiver. The building official shall be permitted to authorize, upon appeal, a waiver from the requirements of this code for an applicant that asserts that compliance with this code will result in a substantial cost differential. The building official when authorizing such a waiver, shall be permitted to waive certain requirements of this code only until the cost differential for compliance with the remaining requirements reaches one percent or less. The burden of proof is upon the applicant to provide substantiation of a cost differential, such as quotes or other licensed design professional analyses as approved by the building official. Page 55 of 92 For the purposes of this section, “substantial cost differential” means costs incurred as a result of compliance with the requirements of this code would exceed one percent of total mechanical, electrical, and plumbing construction costs inclusive of materials and labor. (C) 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. IECC and LECC Chapter 1. Delete in its entirety, but retain Sections C102 and R102 regarding applicability and C107 and R107 regarding inspections. Refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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 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 Page 56 of 92 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 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. [NOTE: The following sections are deleted, because they are now superseded by the state energy codes adopted above.] Appendix CA: Solar-ready zone commercial. Amend appendix in its entirety. The following section CA103.7 is only adopted. Page 57 of 92 CA103.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved space shall be positioned at the end of the panel that is opposite from the supply conductor connection. Appendix RA: Solar-ready provisions—detached one- and two-family dwellings and townhouses. Amend appendix in its entirety The following section RA103.7 is only adopted. RA103.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved space shall be positioned at the opposite (load) end from the input feeder location or the main circuit breaker. (Ord. No. 1337, § 5, 12-13-04; Ord. No. 1380, § 1, 12-12-06; Ord. No. 1460, § 4, 5-10-10; Ord. No. 1559 , § 7, 10-13- 14; Ord. No. 1682 , § 7, 1-13-20) Sec. 5-85. Residential code. (A) Adoption. The International Residential Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IRC" or the "residential code" and may be cited and referred to as such. 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. The only appendices hereby adopted by reference are appendices A, B, C, D, F, H, H, J, and Q. The 2018 International Residential Code shall be known as the "I.R.C." or the "residential code" and may be cited and referred to as such. (B) Scope. The provisions of this code 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, townhouses not more than three stories above grade plane in height with a separate means of egress, home-based child daycare facilities for twelve (12) or fewer persons within a dwelling unit, and residential accessory structures not more than three stories above grade plane in height. Exception: The following shall be permitted to be constructed in accordance with the IRC if provided with an automatic sprinkler system complying with NFPA 13D: 1. Live/work units located in townhouses and complying with the requirements of Section 508.5 of the International Building Code. 2. Owner-occupied lodging houses with five or fewer guestrooms. 3.A care facility with five or fewer persons receiving custodial care within a dwelling unit. 4. A care facility with five or fewer persons receiving medical care within a dwelling unit. (C) 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 2024 International Residential Code. Chapter 1. Delete in its entirety; refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] R101.1 Title. Amend to read in its entirety: Page 58 of 92 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. 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. Page 59 of 92 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 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. Page 60 of 92 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. 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. Page 61 of 92 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: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA 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) Topographic Effects Weathering Frost line depth Termite 30 psf 135 mph** Vult Exp. C Yes "B" Severe 36" Slight 1° FYes 1979 Firm 1500 45 F [NOTE: The following table is deleted because the Manual J table format has been updated in the 2024 code, so the table is deleted and replaced.] 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) Manual J Design Criteria Elevation Altitude Correction Factor Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry- bulb temperature Outdoor winter design dry-bulb temperature Heating Temperature Difference 5459 ft. Varies 59 F 30% 70 1 F 69 F Latitude 40 degrees N Daily Range High Summer design gains Indoor summer design relative humidity Indoor summer design dry- bulb temperature Outdoor summer design dry- bulb temperature Cooling Temperature Difference 40 degrees N High 1% drybulb = 91 degrees F 50% 75 degrees F 91 degrees F 16 degrees F Page 62 of 92 ** Approximately Equivalent to 105 mph Vasd (three second gust) Exposure C (see Table R301.2.1.3 for conversion) [NOTE: The following section is removed and replaced with specific amendments to reflect council policy direction that sprinklers are required in townhomes but not single-family homes and duplexes.] R313 Automatic fire sprinkler systems. Delete entire section. R309.1.1: Design and installation. Amend to read in its entirety: R309.1.1: Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D. Section P2904 shall not be used. R309.2: One- and two-family dwellings automatic sprinkler systems. Amend to read in its entirety: R309.2: One- and two-family dwellings automatic sprinkler systems. An automatic sprinkler system is not required to be installed in one- and two-family dwellings, nor is it required for additions or alterations to existing dwellings. R309.2.1: Design and installation. Amend to read in its entirety: R309.2.1: Design and installation. If an automatic sprinkler system is installed in a one- or two-family dwelling, it shall be designed and installed in accordance with NFPA 13D. Section P2904 shall not be used. [NOTE: The following section is deleted because the base code is largely sufficient. The local amendment requiring a structural engineer (per state law) is retained below.] 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 1,000 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. R401.2.1 Engineered Design Required. Add as follows: R401.2.1 Engineered Design Required. All footing and foundation systems for additions and new structures shall be designed by a structural engineer licensed by the State of Colorado. Exception: Prescriptive monolithic slabs less than 1,000 square feet in size for garages or similar non- habitable occupancies. [NOTE: The following sections are deleted to defer to the base code without local amendment.] R602.5 Interior nonbearing walls. Amend to read in its entirety: R602.5 Interior nonbearing walls. Interior nonbearing walls shall be permitted to be constructed with 2-inch-by-3-inch (51 mm by 76 mm) studs spaced 24 inches on center. Interior nonbearing walls shall be capped with at least a single top plate. Interior nonbearing walls shall be fire blocked in accordance with Section R602.8. R602.7.3 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. Page 63 of 92 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 1 ½-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. [NOTE: The following section is added because it is best practice for expansive soils.] R403.1.8.2 Wall Framing on Basement Slabs. Add as follow: R403.1.8.2 Wall Framing on Basement Slabs. Non-bearing walls on basement floor slabs should be built to accommodate not less than 1-½ inches of floor movement, unless documented geotechnical observation and written approval by the Engineer of Record indicate such accommodation is not necessary. [NOTE: The following section is simplified to defer to manufacturer instructions for steep roofs. These roofing amendments align with the same changes in the IBC.] 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 2120 units vertical in 12 units horizontal (21:12) shingles shall be installed as required by the manufacturer. (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. [NOTE: The following section is amended to add an additional reference to mid-roof inspection for clarity.] R905.2.7.1 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. Ice barrier shall be inspected during mid-roof inspection. Exception: Detached structures and attached garages that contain no conditioned floor area. R905.2.8.5 4 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. [NOTE: The following section is deleted to defer to the base code without local amendment.] Page 64 of 92 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. [NOTE: The following section is deleted to defer to the base code without local amendment.] 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. [NOTE: The following section is amended to align with input from Xcel, contractors, and inspectors.] 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 10 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. [NOTE: The following section is deleted to defer to the base code without local amendment.] 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. [NOTE: The following sections are added to align with the Colorado Plumbing Code.] G2427.4.1(503.4.1) Plastic piping. Amend to read in its entirety. G2427.4.1(503.4.1) Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure at the time of inspection prior to being connected to the water heater. G2427.4.1(503.4.1.1) Plastic Vent Joints. Plastic pipe and fittings used to vent appliances shall be installed in accordance with the appliance manufacturer’s instructions. Plastic pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in accordance with the vent manufacturer’s instructions. Where a primer is required, it shall be a contrasting color. 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. Page 65 of 92 [NOTE: The following sections are added to align with the Colorado Plumbing Code which does not require a shower pan inspection and has a state modification related to valves.] P2708.4 Individual shower valves. Amend to include P2708.4.1: P2708.4.1. Showerheads shall be located on the sidewall of shower compartments or be arranged so the shower head does not discharge directly at the entrance to the compartment and the bather can adjust the valve prior to stepping int the shower spray. P2709.4 Tests. Delete in its entirety. P2904 Dwelling Unit Fire Sprinkler Systems. Delete section in its entirety. [NOTE: The following section is amended defer back to base code language but retains the 12 inch provision and aligns with the IPC.] P3103.1.1 Roof extension. Amend to read in its entirety: P3103.1.1 Roof extension. Open vent pipes that extend through a roof that dop not meet the conditions of section P3103.1.2 or P3103.1.3 shall terminate not less than 12 inches above the roof.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. [NOTE: The following sections are deleted, because they are now superseded by the state energy codes adopted above.] Appendix T: Solar-Ready Provisions—Detached One-and Two Family Dwellings and Townhouses. Amend appendix in its entirety. The following section T103.9 (RA103.7) is only adopted. T103.9 (RA103.7) Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved space shall be positioned at the opposite (load) end from the input feeder location or the main circuit breaker. (Ord. No. 1337, § 6, 12-13-04; Ord. No. 1360, § 2, 6-12-06; Ord. No. 1381, § 1, 12-12-06; Ord. No. 1450, § 2, 8-24- 09; Ord. No. 1460, § 5, 5-10-10; Ord. No. 1494, § 10, 6-13-11; Ord. No. 1559 , § 8, 10-13-14; Ord. No. 1600 , § 1, 7- 25-16; Ord. No. 1682 , § 8, 1-13-20) Sec. 5-86. Fire code. (A) Adoption. The International Fire Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IFC" or the "fire code" and may be cited and referred to as such. 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 (1) 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 the following appendices are hereby adopted by reference: Appendices B, C, D, F, H, I, K, L and M. The 2018 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) Scope. This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following: 1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices. 2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises. Page 66 of 92 3. Fire hazards in the structure or on the premises from occupancy or operation. 4. Matters related to the construction, extension, repair, alteration or removal of fire protection systems. 5. Conditions affecting the safety of firefighters and emergency responders during emergency operations. (C) 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 2018 2024 International Fire Code. Chapter 1. Delete in its entirety, but retain Section 105 regarding permits. Refer to article II above for administrative provisions. [NOTE: The following section is deleted because administrative provisions are now addressed in Article II.] 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. 105.6.51 105.5.58 Assisted Living Facilities. Add as follows: 105.6.51 105.5.58 Assisted living facilities. An operational permit is required to operate an assisted living facility. 105.6.52 105.5.59 Door Side Trash Collection. Add as follows: 105.6.52 105.5.59 Door Side Trash Collection. An operational permit is required to operate door side trach collection in R-2 occupancies. 105.6.53 105.5.60 Sheltering in A and E Occupancies. Add as follows: 105.6.53 105.5.60 Sheltering in A and E occupancies. An operational permit is required to operate sheltering in A and E occupancies for one night or more. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 108 Board 112.1 Means of Appeals is amended as follows: 108.1112.1 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. 108112.2 Limitations on authority. Is unchanged and adopted as written. 108112.3 Qualifications. Is deleted in its entirety. 109113.4 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 Page 67 of 92 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. 111114.1 Order Authority is amended as follows: 111 114.1 Order Authority. 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. 111 114.4 Failure to comply is amended as follows: 111 114.4 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 1,000 dollars. [NOTE: The following section is amended at the request of and in alignment with the city’s fire protection districts.] 202 General Definitions. Amend by addition and modification of the following definitions: ELECTRIC LOCKS – MASTER SWITCH. A two-position, toggle electrical switch labeled “ELECTRIC LOCKS” with its positions labeled “LOCKED” and “UNLOCKED” configured to immediately and simultaneously unlock all connected door locks. POWERED MICROMOBILITY DEVICES. Motorized bicycles, motorized scooters and other personal mobility devices powered by a lithium-ion or lithium metal battery. This term includes the batteries associated with these devices, whether connected to the device or not. The term does not include motor vehicles that are required to be registered with the Department of Motor Vehicles for the state or city. [NOTE: The following section numbers are updated because the 2024 IFC moves occupancy classifications out of an alphabetical list of definitions in Chapter 2 into a new Section 203; there is no substantive change proposed.] Chapter 2 Section 203.2.4 is amended as follow: Occupancy Classification, Assembly Group A: Amend: Accessory with places of religious worship to read as follows: [BG] 203.2.4 Accessory to places of religious worship. Amend to read in its entirety: [BG] 202.2.4 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 notwithstanding any other provisions of this code which would disallow overnight occupancy in such rooms or spaces, and provided the aggregate area used for sleeping is less than 10,000 square feet and has all of the following: Page 68 of 92 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. [BG] 203.7.1 Institutional Group I-1. Amend to read: Amend: 203.7.1 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 as specific in Section 203.7.1.2 unless approved by the building and fire code official as a Condition 1 as specific in Section 203.7.1.1 and shall comply with Section 420 of the International Building Code. This group shall include, but not be limited to the following: [BG] 203.9.4 Residential Group R-4. Amend to read: Amend 203.9.4 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 receive custodial care. Buildings of Group R-4 shall be classified as a Condition 2 as specified in Section 203.9.4.2 unless approved by the building and fire code official as a Condition 1 as specified in Section 203.9.4.1 except as otherwise provided for in the International Building Code. This group shall include, but not be limited to the following: [NOTE: The following sections are amended at the request of and in alignment with the city’s fire protection districts and specifically to acknowledge that valet trash requires a permit from the fire district.] 301.2 Permits. Amend to read in its entirety: 301.2 Permits. Permits shall be required as set forth in Section 105.5 for the activities or uses regulated by Sections 304, 306, 307, 308, 315, 320 and 321. 304.1.1 Valet trash. Amend to read in its entirety: 304.1.1 Valet trash. Valet trash collection shall be permitted only where approved. The owner, and valet trash collection service provider shall comply with the rules and limitations established by the jurisdiction as adopted and amended in Appendix O. 304.1.1.1 Permit required. Add to read as follows: 304.1.1.1 Permit Required. An operational permit shall be obtained from the fire code official in accordance with Section 105.5.60 prior to contracting and using valet trash services. Application for such approval shall only be presented by and permits issued to the owner of the property in which the services is to be used. [NOTE: The following sections related to open burns and open flames are amended at the request of and in alignment with the city’s fire protection districts to provide better clarity and consistency across the county.] 307.1.1 Prohibited open burning. Amend to read as follows: 307.1.1 Prohibited open burning. Open burning shall be prohibited when in a Stage One Fire Restriction or Stage Two Fire Ban as implemented by the Jefferson County Sheriff’s Office or when declared by the City Manager, in their reasonable judgement when atmospheric conditions or local circumstances make such fires hazardous. Page 69 of 92 307.5 Attendance. Amend to read as follows: 307.5 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. For recreational fires and portable outdoor fireplaces, not fewer than one portable fire extinguisher complying with Section 906 with a minimum 4-A rating, a garden hose, or other approved on-site extinguishment methods shall be available for immediate utilization. For open burning and bonfires, the extinguishment method shall be approved through the open burning operational permit requirements established by the fire code official. 307.6 Prohibited materials. Add to read as follows: 307.6 Prohibited materials. Only approved materials shall be allowed to be burned as approved by this code. Materials such as trash, paper, rubbish, wastepaper, construction materials, treated lumber, weeds, tree stumps, tree limbs and branches larger than 6-inch diameter, brush, plants, or other combustible or flammable materials are not allowed to be burned at any time. 308.1.7 Sky lanterns. Amend to read as follows: 308.1.7 Sky lanterns. The use of sky lanterns shall meet all the following requirements: 1. Shall be prohibited in areas defined as the Wildland Urban Interface per the Community Wildfire Protection Plan and the Colorado Division of Fire Prevention and Control 2. A person shall not release or cause to be released an untethered sky lantern. 3. Sky lantern tethers shall not be longer than the shortest distance from the anchor point to the nearest combustible material. 4. Sky lanterns shall be released in an area that is non-combustible. 5. Sky lanterns shall not be released within 50 feet of any structure. 6. Sky lanterns shall not be released on Red Flag days, or when ground wind speeds exceed 15 miles per hour. 7. Sky lanterns shall not be released during a Stage 1 Fire Restriction or Stage 2 Fire Ban in accordance with the Jefferson County Sheriff’s Office. 8. Sky lanterns shall be constantly attended by an adult until the open flames are fully extinguished. 9. An approved means of extinguishment shall be available, but no less than one 4-A fire extinguisher or a 5-gallon bucket of water. 10. The fire district dispatch center shall be contacted prior and at the end of the release of sky lanterns. 308.2 Permits required. Amend to read as follows: 308.2 Permits Required. Permits shall be obtained from the fire code official in accordance with Section 105.5 prior to engaging in the following activities involving open flame, fire and burning: 1. Use of open flame, fire or burning in connection with Group A or E occupancies. 2. Use of torches and other devices, machines or processes liable to start or cause fire in or on wildfire risk areas. 3. Sky lanterns. [NOTE: The following section is deleted to defer to the base code without local amendment.] 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 Page 70 of 92 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." [NOTE: The following section adds a reference to Appendix D to align with the existing amendment below.] 503.1. Where required. Amend to read as follows: 503.1. Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D. [NOTE: The following sections is amended at the request of and in alignment with the city’s fire protection districts and specifically to provide a maximum distance of 300 feet for a fire apparatus access road where the base code is silent.] 503.1.1 Exception 1 Buildings and facilities. Amend to read: Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur: 1.1 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, and shall not exceed 300 feet. 1.2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.1 There are not more than two Group U occupancies. [NOTE: The following sections is added to provide clarity and a better code basis.] 503.1.4 Private driveways. Add to read as follows: 503.1.4 Private driveways. Private residential driveways shall not be considered as fire apparatus access roads. 503.2 Specifications. Amend 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. Amend to read as follows: 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. Amend by adding the following subsection: 503.2.1.1 Dimensions-Private Drives. Fire apparatus access that is designated as a private drive shall have an unobstructed width of not less than twenty-four (24) feet (7315 mm) and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (4115 mm). [NOTE: The following section is amended to provide clarity while retaining the opportunity for flexibility.] 503.2.3 Surface. Amend to read as follows: Page 71 of 92 503.2.3 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 with asphalt or concrete. Exception: Alternate surfaces may be approved by the fire code official. [NOTE: The following sections regarding access road designs are amended and added based on lessons learned.] 503.2.4 Turning Radius. Amend 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 26 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. 503.2.4.1 Turning radius clearance. Add the following subsection to read as follows: 503.2.4.1 Turning radius clearance. There shall be a minimum of a 2-foot clearance to any vertical curb, building, or obstruction from fire apparatus overhangs. 503.2.7 Grade. Amend to read as follows: 503.2.7 Grade. The maximum grade shall not exceed 8%. 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. See 507.5.1 [NOTE: The following section is amended at the request of and in alignment with the city’s fire protection districts to provide better clarity while still retaining flexibility.] 507.5.1.1 Hydrant for automatic sprinkler systems and standpipe systems. Amend to read as follows: 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 up to a maximum of 150 feet. [NOTE: The following section is added at the request of and in alignment with the city’s fire protection districts and water districts based on lessons learned.] 507.5.1.2 Dead-end fire hydrants. Add to read: Section 507.5.1.2 Dead-end fire hydrants: Fire hydrants on a dead-end water line shall not exceed the limits established by the water purveyor nor shall it be allowed to have more than one fire hydrant on a dead-end water line. [NOTE: The following sections are added and amended at the request of and in alignment with the city’s fire protection districts to ensure adequate emergency radio coverage and more current technical requirements.] 510.1 Emergency responder communications enhancement systems in new buildings, Exception 4. Amend to read: Exception 4. One-story buildings not exceeding 12,000 square feet with no below-ground area(s) as approved by the fire code official. Page 72 of 92 510.4.1.1 Minimum signal strength into the building. Amend to read as follows: Section 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength into the building shall be -85 dBm 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. The minimum downlink signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The downlink signal level shall be a minimum of -85 dBm throughout the coverage area and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.4 throughout the coverage area using either narrowband analog, digital, or wideband LTE signals or an equivalent bit error rate (BER), or 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. Amend 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. The minimum uplink signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The uplink signal level shall be sufficient to provide not less than a delivered audio quality (DAQ) of 3.4 using either narrowband analog, digital, or wideband LTE digital signals or an equivalent bit error rate (BER), or minimum signal strength of -90 dBm 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. 510.4.1.4 Field strength. Amend to read as follows: 510.4.1.4 Field strength. If the field strength OUTSIDE the building where the receiving antenna system for the in-building system is located is less than the (-85 dBm), then the minimum required in-building field strength shall equal the field strength being delivered to the receiving antenna of the building. 510.5.4 Acceptance test procedure. Amend to add #9 and to read as follows: 9. Prior to testing, the fire agency’s radio technician shall be notified and participate in the testing process to ensure the noise floor of the hosting transmitter site is not impacted by the amplification equipment. [NOTE: The following two sections are added at the request of and in alignment with the city’s fire protection districts to allow for outdoor fire pits primarily at restaurants that may not otherwise meet the 25-foot separation requirement.] 605.1.7 Outdoor decorative gas appliance emergency shut down. Amend to add the following subsection: 605.1.7 Outdoor decorative gas appliance emergency shut down. If a fire pit is powered by a fuel gas, there shall be an emergency stop button installed in an approved location on the exterior to disconnect the fuel gas in the event of an emergency. This emergency shut off shall be labeled using a weatherproof sign with letters on contrasting background. Page 73 of 92 605.1.8 Outdoor decorative gas appliance timer. Amend to add the following subsection: 605.1.8 Outdoor decorative gas appliance timer. If a fire pit is powered by a fuel gas, there shall be a timer installed in the piping system to limit the run time of the fuel gas to no more than 60 minutes without needing a reset. 901.4.6 7 Pump and riser room size. Amend to read as follows: 901.4.67 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 doors 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. [NOTE: The following section is added at the request of and in alignment with the city’s fire protection districts based on lessons learned.] 901.4.7.1. Access. Amend to read as follows: 901.4.7.1 Access. When automatic fire sprinkler system risers, fire pumps and controllers shall be provided with ready access. Where located in a fire pump room or automatic sprinkler system riser room, the door shall be permitted to be locked provided that the key is available at all times. When automatic fire sprinkler systems are provided within a building and the system serves multiple tenant spaces, the main fire sprinkler control valves shall be placed within an approved room that has access provided directly from the building exterior. 901.6 Inspection, testing and maintenance. Amend 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 equipment shall be approved by the fire district. [NOTE: The following section is added at the request of and in alignment with the city’s fire protection districts who may occasionally rely on third party reporting.] 901.6.3.2 Third party reporting. Amend to read as follows: 901.6.3.2 Third party reporting. The fire code official is authorized to require inspection, testing, and maintenance contractors to utilize third party tracking and reporting of the status of fire protection, fire detection, life safety, and emergency responder communication enhancement systems. 903.1 General. Amend by adding the following subsection: 903.1.2 Location of sprinkler control valves. When automatic sprinkler systems are required within a building and the system serves more than one tenant space, the main control valves shall be located within an approved room that is accessible directly from the building exterior. The door to said room shall be not less than three (3) feet (914 mm) in width by six (6) feet eight (8) inches (203.2 mm) in height. The door to said room shall be identified as required in section 509.1. The size of the room shall meet the size requirements per Section 901.4.67. Page 74 of 92 903.1.2 3 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. 903.1.4 Fire department access. If a change in occupancy of an existing building results in a higher hazard category per Section 1011 of the IEBC and that existing building does not have approved fire department access as required in Chapter 5, then the fire code official may require an automatic fire sprinkler system be installed regardless of the building size. [NOTE: The following section is added at the request of and in alignment with the city’s fire protection districts based on lessons learned.] 903.4.2 3 Alarms. Amend to read as follows: 903.4.2 3 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 and cause notification as set forth in Section 907.5. When buildings have multiple tenant spaces notification devices shall be installed in accordance with Section 907.5 in each tenant space. 903.4.2 3 Alarms. Amend by adding the following subsection: 903.4.2 3.1 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. Amend by adding the following subsection: 904.13 15 Domestic cooking systems. Cooktops and ranges installed in the following occupancies shall be protected in accordance with Section 904.13 15.1. 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. Amend to read as follows: 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. [NOTE: The following two sections are added at the request of and in alignment with the city’s fire protection districts.] 907.5.2.2 Emergency voice/alarm communication. Amend by adding the following subsection: 907.5.2.2.6. Intelligibility. The intelligibility of a voice/alarm communication system shall be tested in an objective manner in accordance with NFPA 72. Page 75 of 92 907.6.3. Initiating device identification. Amend to delete exceptions 1 and 2. 907.6.6 Installation and mMonitoring. Amend by adding the following subsection: 907.116.6.4 Security systems. Fire alarm panels and security alarm panels shall be separate and not combined. [NOTE: The following section is amended at the request of the city’s fire protection districts for better clarity.] 912.3 4.1 Locking fire department connection caps. Amend to read as follows: 912.3 4.1 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. Locking fire department connection caps shall be installed when fire department connection caps are found missing on existing water-based fire protection systems and the fire department connection is subjected to internal obstructions. [NOTE: The following three sections are added at the request of and in alignment with the city’s fire protection districts. The intent is to require an override switch for access-controlled doors in stairwells (typically larger buildings). In the event of an emergency, the access system would be overridden to unlock the doors allowing the fire department to access all floors without the need to distribute keys.] 1010.2.6 Stairway doors. Amend by replacing Exception 3 to read as follows: 3. Stairway exit doors are permitted to be locked from the side opposite the egress side, provided that they are openable from the egress side and capable of being unlocked simultaneously without unlatching upon a fire alarm, loss of power, or an electric locks – master switch signal from the fire command center. The lockset shall be wired to all three of these monitor/power/control points. When located in a non- secure area, a two-position, key operated switch may be used when a matching key is located in the building’s Key Lock Box 1023.9.2. Door operation identification. Add to read as follows: 1023.9.2. Door operation identification. At locked stairway doors in accordance with Section 403.5.3, identification required by Section 1023.9 shall be in accordance with Section 1023.9.1 and ICC A117.1 and identify the door operation as follows: 1. All doors that are locked for more than 5 consecutive floors shall have a sign that reads: THIS DOOR IS LOCKED. EMERGENCY COMMUNICATION DEVICES ARE LOCATED ON FLOOR __ AND __. 2. All doors that are locked for 5 consecutive floors or less shall have a sign that reads: THIS DOOR IS LOCKED. FOR THE NEXT UNLOCKED DOOR GO DOWN TO FLOOR __ OR UP TO FLOOR __. 1023.9.3 Stairway communication system identification. Add to read as follows: 1023.9.3 Stairway communication system identification. Emergency telephones or two-way communication systems, where required, in exit stairways shall have a sign stating: “Emergency Communications,” the building address and the floor and stair location of the telephone or two-way communications system. Signage shall be in accordance with Section 1023.9.1 and ICC A117.1. [NOTE: The following section is added at the request of and in alignment with the city’s fire protection districts. The intent is to provide more flexibility; the base code applies retroactive fire alarm requirements to a wider range of buildings than the local amendment.] 1103.7.6. Group R-2. Amend to read as follows: Page 76 of 92 1103.7.6 Group R-2. A manual fire alarm system that activates the occupant notification system in accordance with Section 907.5 shall be installed in existing Group R-2 occupancies more than three stories in height or with more than 24 dwelling or sleeping units. Exceptions: 1. Unchanged 2. Unchanged 3. Unchanged 4. A fire alarm system is not required in buildings that do not exceed three stories in height and comply with all the following: 4.1 Each dwelling unit is separated from the corridor and from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than ¾ hour. 4.2 Unchanged 4.3 Doors from each dwelling unit to the exit or exit access shall meet the requirements the International Building Code Section 716.2 for fire resistance, closing, and latching. [NOTE: The following section is added at the request of and in alignment with the city’s fire protection districts. The intent is to align with best practice in disallowing water barrels as anchors for tents/temporary structures.] 3103.8 Structural stability and anchorage required. Amend to read as follows: 3103.8 Structural stability and anchorage required. Tents or membrane structures and their appurtenances shall be designed and installed to withstand the elements of weather and prevent collapsing. Water barrels are strictly prohibited from use for anchorage of tents and membrane structures. Documentation of structural stability shall be furnished to the fire code official. 3103.8.1 Water-filled vessels. Delete in its entirety. [NOTE: The following section is updated to provide better clarity on fire access expectations during construction.] 3310 07.1 Required access. Amended to read as follows and subsection added: 3310 07.1 Required access. Approved fire apparatus access for firefighting and emergency medical services is required shall be provided to all construction or demolition sites. Vehicle Aaccess shall be provided to within 150 feet of all portions of the exterior walls of the first story of the building and within 100 feet of temporary or permanent fire department connections as measured by an approved route around the exterior of the building. Vehicle access shall be provided by permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be installed prior to above ground construction and/or the storage of combustible materials on site. 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. Exception: Where approved and permitted per Section 105.5, temporary vehicle access can be installed during construction of sites not consisting of one- and two- family dwellings or where practical difficulty exists with providing permanent fire apparatus access during construction. Permanent fire apparatus access shall be provided prior to occupancy. 3310 07.1.1 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. 3307.1.2 Stairways required. Amend to read as follows: Page 77 of 92 3307.1.2 Stairways required. Where multistory building construction exceeds 20 feet (6 096mm) in height above the lowest level of fire department vehicle access, a temporary or permanent stairway shall be provided. As construction progresses, such stairway shall be extended to within one floor of the highest point of construction having secured decking or flooring. 3307.1.4. Temporary fire apparatus access specifications. Add to read in full: 3307.1.4 Temporary fire apparatus access specifications. Temporary fire apparatus access roads shall be installed and arranged in accordance with Sections 3307.1.4.1 through 3307.1.4.3. Section 3310 07.1.2 3307.1.4.2 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 07.1.3 Surface. Temporary Ffire 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 8590,000-pound imposed load. Documentation from a licensed geotechnical engineer attesting that the surface will support the required imposed load and all-weather capability shall be provided. 3307.1.4.4. Dead ends. Dead-end temporary fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 5307.1 General. Amend 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. Amend to read as follows: 5307.3 Liquid carbon dioxide systems used in beverage dispensing applications. 6109.13 Protection of containers. Delete the exception from this section. 5601.1 Scope. Amend to read as follows: 5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks and small arms ammunition. This chapter shall be interpreted to be consistent with the provisions of part 20 of article 33.5 of title 24, CRS and any applicable municipal ordinance or county resolution/ordinance, shall govern all fireworks, their sale, storage and use. 5704.2.9.6.1 Locations where above-ground tanks are prohibited. Amend 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. Amend 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. Amend 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. Page 78 of 92 6104.2 Maximum capacity within established limits. Amend 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. Add to read as follows: 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. [NOTE: The following tables are amended to defer to the base codes which have a lesser fire flow requirement than the city’s prior local amendment; this change lowers the barrier of installing sprinklers in recognition that they will now be required in townhomes.] Appendix B, Table B105.1(1). Amend 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 500 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 Page 79 of 92 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, Group R-3 and R-4 BUILDINGS AND TOWNHOMES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (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 D102.1 Access and loading. Amend 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 8590,000 pounds (38636 kg). (Ord. No. 1337, § 7, 12-13-04; Ord. No. 1460, § 6, 5-10-10; Ord. No. 1494, § 11, 6-13-11; Ord. No. 1559 , § 9, 10-13- 14; Ord. No. 1682 , § 9, 1-13-20) Sec. 5-87. Fuel gas code. [NOTE: Local governments are required to adopt the Colorado Fuel Gas Code (CFGC) as a minimum standard. Currently the CFGC is based on the 2018 IFGC. The following section adopts the 2024 IFGC, which meets or exceeds state standards. Staff will continue to monitor state code updates.] (A) Adoption. The International Fuel Gas Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IFGC" or the "fuel gas code" and may be cited and referred to as such. 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. The only appendices hereby adopted by reference are appendices A, B, C, and D. The 2018 International Fuel Gas Code shall be known as the "I.F.G.C." or the "fuel gas code" and may be cited and referred to as such. (B) Scope. This code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories in accordance with IFGC Sections 101.2.2 through 101.2.6. Exception: 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 not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Fuel Gas Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability. Refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] Page 80 of 92 101.1 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: 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: Page 81 of 92 109 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. [NOTE: The following section is deleted to defer to the base code without local amendment.] 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. [NOTE: The following section is amended to align with input from Xcel, contractors, and inspectors.] 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 2010 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. 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. [NOTE: The following sections are added to align with the Colorado Plumbing Code.] 503.4.1 Plastic piping. Amend to read in its entirety. 503.4.1 Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure at the time of inspection prior to being connected to the water heater. 503.4.1.1 Plastic Vent Joints. Plastic pipe and fittings used to vent appliances shall be installed in accordance with the appliance manufacturer’s instructions. Plastic pipe venting materials listed and labeled in accordance with UL 1738 shall be installed in accordance with the vent manufacturer’s instructions. Where a primer is required, it shall be a contrasting color. (Ord. No. 1337, § 8, 12-13-04; Ord. No. 1460, § 7, 5-10-10; Ord. No. 1559 , § 10, 10-13-14; Ord. No. 1682 , § 10, 1- 13-20) [NOTE: The following section is deleted in full because enforcement of NFPA 99 (Health Care Facilities Code) is under state jurisdiction. Health care facilities in Colorado are regulated by state agencies, and municipalities are neither required nor expected to adopt this code.] Page 82 of 92 Sec. 5-88. Reserved. 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. (Ord. No. 1379, § 1, 11-28-06; Ord. No. 1559 , § 11, 10-13-14; Ord. No. 1682 , § 11, 1-13-20) Sec. 5-89. Swimming pool and spa code. (A) Adoption. The International Swimming Pool and Spa Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "ISPSC" or the "pool and spa code" and may be cited and referred to as such. 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) Scope. The provisions of this code shall apply to the construction, alteration, movement, replacement, repair and maintenance of aquatic recreation facilities, pools and spas. The pools and spas covered by this code are either permanent or temporary, and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. (C) 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 2024 International Swimming Pool and Code. Chapter 1. Delete in its entirety, but retain Section 102 regarding applicability and Section 111 regarding inspection. Refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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. Page 83 of 92 105.6.2 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. 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 or spa. 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. ( Ord. No. 1682 , § 12, 1-13-20) Page 84 of 92 Sec. 5-90. Existing building code. (A) Adoption. The International Existing Building Code, 2024 edition published by the International Code Council, is adopted by reference per section 5-75 and shall be known as the "IEBC" or the "existing building code" and may be cited and referred to as such. 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) Scope. The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. (C) 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 2024 International Existing Building Code. Chapter 1. Delete in its entirety; refer to article II above for administrative provisions. [NOTE: The following sections are deleted because administrative provisions are now addressed in Article II.] 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. Page 85 of 92 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. 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. 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: 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 Page 86 of 92 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. 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 Page 87 of 92 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. ( Ord. No. 1682 , § 13, 1-13-20) Secs. 5-91—5-100. Reserved. [NOTE: Clarity is added in 5-101 regarding a homeowner’s ability to recruit help under a homeowner permit. There are no amendments proposed to Article IV which was most recently updated in December 2024.] ARTICLE IV. CONTRACTORS DIVISION 1. GENERALLY Sec. 5-101. Definition. (a) Contractor, generally. In this article "contractor" shall mean any person who undertakes to perform any of the operations controlled by this article for any compensation whatsoever, excepting that a person performing for wages under and for another person appropriately licensed shall not be considered as a contractor. (b) Classification of contractors. Notwithstanding subsection (a) above, any person performing work classified in section 5-117(a) shall be appropriately licensed as a contractor pursuant to this article; provided, however, any person operating as an electrical contractor shall not be required to be licensed but shall be required to be registered pursuant to section 5-116(b). (c) Homeowner contractor. An owner performing work on their own property, in which they reside and will reside for a period of one year after project completion, shall be considered a homeowner contractor if the work affects the structural sufficiency of a habitable structure. The homeowner contractor shall attest to their residency to obtain a permit but shall not be required to obtain a contractor license. The owner may designate one or more workers to assist with the performance of the permitted work provided the worker(s) receive no compensation from the owner for the work performed; compensated work shall require a licensed contractor. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1461, § 1, 5-10-10; Ord. No. 1809, § 1, 12-9-24) Sec. 5-102. Application of article. Except as otherwise expressly provided, this article shall not be construed to require the duplication or reissuance of any license within the same calendar year, the duplication of any examination nor the duplication of any payment of any license fee for a particular grade of license within the same calendar year. All persons in the building and construction industries presently licensed under former codes and ordinances shall be deemed to be appropriately licensed hereunder. Any such licensee under a former code or ordinance who fails to reapply for a license at the conclusion of the annual expiration date shall surrender his license and the same shall be deemed to be null and void. (Ord. No. 1996-1039, § 1, 7-29-96) Page 88 of 92 Sec. 5-103. Responsibility of licensees. All licensees under this article shall be responsible for work requiring a permit under the provisions of this chapter without limitation to the items as herein listed: (1) To provide minimum safety measures and equipment to protect workmen and the public in general as prescribed by this chapter. (2) To observe any other city ordinance(s) or state or federal statute prescribing measures for the safety of workmen and of the public. (3) To present his license card when requested by the chief building official or his authorized representative. (4) To obtain a permit when the same is required. (5) To construct faithfully, without substantial departure from or disregard of, drawings and specifications, when such drawings and specifications have been filed and approved by the building inspection division issued for same, unless such changes are approved by the division. (6) To complete all work authorized on the permit issued under the authority of this chapter unless good cause is proved. (7) To obtain inspection services when the same are required by this chapter. (8) To pay any fee assessed under authority of this chapter. (9) To obey any order issued under authority of this chapter. (10) To provide honest and factual information on all applications for permits. (Ord. No. 1996-1039, § 1, 7-29-96) Secs. 5-104—5-114. Reserved. DIVISION 2. LICENSE Sec. 5-115. Required. Any contractor, with the exception of electrical contractors and public utility companies listed as exceptions in section 5-116, performing in a business involving the construction, alteration, remodeling, repairing and equipping of buildings or other structures or performing in the installation of underground utilities and construction of roads and streets in the city on all water, sewer and storm drainage facilities shall be licensed as a contractor as required in this article. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-116. Exception. (a) Public utility companies will not be required to obtain licenses for the firm or corporation nor for their employees when engaged in the installation, operation and maintenance of equipment which will be used for the production, generation or distribution of the utility, product or service from the source of the utility, product or service through the facilities owned or operated by such utility company to the point of the customer service. Only to the extent the work is located outside the public way. Public utility companies will be required to obtain a municipal contractor's license to perform work on their facilities located within the public way. (b) Inasmuch as electrical licensing and the examination of persons performing electrical work has been declared by the Colorado Legislature to be a matter of statewide concern, no examination, certification or Page 89 of 92 licensing of electrical contractors or any examination, certification, licensing or registration of electrical contractors, master electricians, journeyman electricians, residential wiremen, or apprentices who are licensed, registered or certified under Article 23, Title 12, C.R.S., as amended, shall be required by the city; however, the city may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of any such authority. No fee shall be charged for such registration. However, any electrical contractor, excepted from licensing requirements by this article, shall be required, as a condition of performing services within the city, to register annually with the department of community development, building inspection division of the city. No fee shall be charged for such registration. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1461, § 2, 5-10-10) Sec. 5-117. Classification. (a) The various classes of licenses issued under this article and the work authorized to be performed by the holder of the license are as follows: (1) Unlimited general contractor, class 1 — Shall be authorized to perform the following: unlimited building, altering, adding to the structural portions of any building, structure or portion thereof of any type, including all concrete, structural steel and iron, and the demolition of all or any part of a building or structure on a site on which new construction, remodel, alter or repair of an existing building or structure is proposed. (2) Limited general contractor, class 2 — Shall be limited to type 3, 4 or 5 buildings not exceeding three (3) stories and not used for educational, institutional or hazardous occupancies as defined by the building code. (3) Residential contractor, class 3 — Shall be limited to one- and two-family dwellings and multiple single- family (townhouse) residential structures not exceeding three (3) stories, and their accessory structures. (4) Plumbing contractor, class 4 — Shall be authorized to do the following: Installation of all sanitary plumbing and potable water supply piping and appliances connected thereto, and including gas piping and the complete installation of water heaters, the installation of piping for transmission of chemicals and gases; the installation and removal of backflow prevention devices; the installation of gas ranges, gas dryers and gas refrigerators, steam and hot water heating system, process and industrial piping and related appurtenances which shall include the piping used for the transmission of chemicals and gases, the installation of burners, piping and controls utilizing gas, pipe insulation and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (5) Mechanical contractor, class 5 — Shall be authorized to do the following: Installation of warm air heating, all ductwork, ventilation and evaporative cooling; the installation of gas piping, burners, venting and controls; and exterior sheet metal; duct isolation; installation of refrigeration systems and appurtenant cooling towers; pipe installation; and low voltage wiring which does not exceed forty- eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (6) Electrical contractor, class 6 — Shall be authorized to do the following: Installation of electrical systems on residential and commercial properties. Pursuant to section 5-116(b) above, an electrical contractor shall not be required to be licensed in the city; however, an electrical contractor shall be required to be registered in the city and provide proof of a valid, current State of Colorado master electrician's license pursuant to Article 23, Title 12, C.R.S. upon registration. Exception: Authorized and franchised public utility companies. (7) Tested specialty contractor, class 7 — Shall be authorized to complete any specialty trade not listed in the license categories above which is regulated by the city's adopted building codes and for which Page 90 of 92 examinations are available and required to demonstrate knowledge and capability as described in section 5-120. This includes, but is not limited to, specialty trades such as roofing, gas piping, fire suppression, and low voltage electrical. (8) Untested specialty contractor, class 8 — Shall be authorized to complete any specialty trade not listed in the license categories above which is regulated by the city's adopted building codes and for which examinations are not required to demonstrate knowledge and capability as described in section 5-120. (b) Holders of certain of the licenses set forth in subsection (a) above, may perform as if licensed for certain of the other functions in accordance with the following schedule: Licensed as May perform as Class 1 Class 2 or 3 Class 2 Class 3 (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1311, § 1, 10-27-03; Ord. No. 1361, § 1, 6-12-06; Ord. No. 1461, §§ 3— 8, 5-10-10; Ord. No. 1484, § 1, 4-11-11; Ord. No. 1682, § 15, 1-13-20; Ord. No. 1809, § 2, 12-9-24) Sec. 5-118. Application forms, fees and procedure. Applications for contractors' licenses shall be on such forms as the director of public works or director of community development may require, and each application shall be accompanied by a fee equal to the license fee applicable to the type of license applied for. A final review and appropriate action shall be taken on such license applications and the applicant shall be notified accordingly. Nonissuance of licenses shall not entitle applicant to a refund of the fee. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-119. Building official to determine qualifications of applicants for contractor licenses. There is hereby vested in the chief building official pursuant to law, the duty of determining the qualifications of applicants for the certain licenses established by this chapter. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1461, § 9, 5-10-10; Ord. No. 1809, § 3, 12-9-24) Sec. 5-120. Examining procedures for issuance. The chief building official shall establish such reasonable examining procedures for issuance of contractor licenses as shall, from time to time, become necessary. These examining procedures, if used, shall be implemented so as to assure the city that the applicant does indeed have the knowledge and capability to perform work in accordance with the provisions of this Code and shall not deny a license to any person capable and willing to perform in such fashion. Examination requirements shall include a certification exam related to the specific license class as published by the ICC or State of Colorado. If an equivalent examination is not available, as is the case for class 8 untested specialty contractors, the chief building official may require reasonable alternate evidence of capability such as notarized letters from prior project supervisors demonstrating experience. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1809, § 4, 12-9-24) Sec. 5-121. Fees. The annual license fees for contractor' licenses under the provisions of this article shall be paid in accordance with the city's fee schedule, as adopted and amended from time to time by city council resolution. Page 91 of 92 License fees are due with the license application and are nonrefundable. Non-issuance of licenses shall not entitle applicant to a refund of fees paid. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1311, § 1, 10-27-03; Ord. No. 1361, § 2, 6-12-06; Ord. No. 1461, § 10, 5-10-10; Ord. No. 1682, § 16, 1-13-20; Ord. No. 1809, § 5, 12-9-24) Sec. 5-122. Nontransferable. Licenses issued pursuant to this article are not transferable. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-123. Validity. A change in name, business designation or personnel of a licensee under the provisions of this article shall have the legal effect of transferring the license and of causing the licensee to operate without a license. Therefore, all such changes shall be reported by the licensee to the issuer within thirty (30) days after making such change, in order to follow continued use and validation of the license. (1) Incorporation or change in incorporation creating a new legal entity which requires a license, even though one (1) or more stockholders or directors have a license, shall void the license. (2) The organization of a partnership or the change in a partnership creating a new legal entity requires a new license, even though one (1) or more of the partners are licensed shall void the license. (3) The dissolution of a corporation or partnership which has been licensed terminates the license and no individual or firm may operate under such license. (4) In the case where it is desired to change the name of a presently licensed firm, partnership or corporation where there is no change in ownership, a new license shall be issued under the new name, without charge, upon surrender of the license originally issued. (Ord. No. 1996-1039, § 1, 7-29-96) Sec. 5-124. Suspension or revocation. (a) Authority. The director of community development may suspend or revoke contractor licenses. License suspension or revocation may occur when the licensee commits one (1) or more of the following acts or omissions: (1) Failing to comply with any of the licensee responsibilities as outlined in section 5-103. (2) Knowingly combining or conspiring with a person by permitting one's license to be used by such person, firm or corporation. (3) Acting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade the provisions of section 5-103. (4) Violating any of the provisions of section 5-103. (5) Committing any act of negligence, incompetence, or misconduct in the performance of the contractor's specific trade which results in a substantial threat to public health and safety. (6) Performing under his/her license in an unworkmanlike, careless, or reckless manner. (b) Procedure. When any of the acts or omissions as herein enumerated are committed by a license holder and the director of community development deems that such license shall be suspended or revoked, the procedure shall be as follows: (1) The licensee shall be notified, in writing, by certified mail or by personal service, at least seven (7) days prior to suspension or revocation. Page 92 of 92 (2) Appeals of a license suspension or termination shall be made to the building code advisory board. Appeals to a license revocation must be made in writing within seven (7) working days of receipt of notice and must be made in accordance with section 2-61 of the city Code of Laws. (3) If a hearing is requested by the licensee, the chief building official shall set the hearing date for the next regularly scheduled meeting of the building code advisory board within fourteen (14) days of receipt of the protest and shall so notify the licensee. (4) When a hearing is conducted, the licensee and other interested parties may be in attendance. Upon completion of the hearing, the building code advisory board shall take all evidence admitted under advisement and shall notify the licensee of their findings and rulings either during the meeting or in writing by certified mail. (c) Emergency suspension. If the director of community development finds that cause doe exist for suspension or revocation of a license, he may enter an order for immediate suspension of such license, pending further investigation. The license may, upon notice of such suspension, request an immediate hearing before the director of community development and the hearing shall be conducted in the manner prescribed by under subsection (b) above. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1197-1103, § 1, 12-22-97; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1389, § 1, 6-11-07; Ord. No. 1809, § 6, 12-9-24) Sec. 5-125. Insurance required. (a) Insurance. A certificate of insurance from an insurance company licensed to do business in the state shall be filed with the city prior to issuance of any contractor license. The limits of such coverage shall include workers compensation and employer's liability in the amount of five hundred thousand dollars ($500,000.00) and general liability in the amount of six hundred thousand dollars ($600,000.00) general aggregate and three hundred thousand ($300,000.00) for each occurrence. (Ord. No. 1996-1039, § 1, 7-29-96; Ord. No. 1311, § 1, 10-27-03; Ord. No. 1361, § 3, 6-12-06; Ord. No. 1389, § 2, 6- 11-07; Ord. No. 1809, § 7, 12-9-24) ITEM NUMBER: 2 DATE: October 13, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION TO CANCEL THE NOVEMBER 3, 2025, CITY COUNCIL STUDY SESSION ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: City Council is scheduled to hold a study session on Monday, November 3, 2025. Because the regular municipal election will be held the following day, November 4, staff is recommending that City Council cancel the November 3 study session to allow members, candidates, and the community to focus on election day activities and participation. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends canceling the City Council Study Session scheduled for November 3, 2025. RECOMMENDED MOTION: “I move to cancel the November 3, 2025, City Council Study Session.” Or, “I move to not cancel the November 3, 2025, City Council Study Session for the following reason(s).” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. None ITEM NUMBER: 3 DATE: October 13, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION AWARDING A CONTRACT TO TCC CORPORATION IN THE AMOUNT OF $625,044.18 WITH A CONTINGENCY AMOUNT OF $62,504 FOR A TOTAL APPROVED AMOUNT OF $687,548.18 FOR THE CLEAR CREEK CROSSING BUS TERMINAL ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Three (3) bids were received in response to the city’s Invitation for Bids to complete the Clear Creek Crossing Bus Terminal project. The lowest responsive is bidder TCC Corporation. It is recommended that the city enter into a contract with TCC Corporation to perform the work for the Clear Creek Bus Terminal Project PRIOR ACTION: City Council approved funding for this project as part of the 2025 URA Bond Fund budget. FINANCIAL IMPACT: Funding is available in the 2025 URA Bond Fund account #40-101-800-805. BACKGROUND: In 2024, it was determined that a RTD bus terminal with a driver relief building was needed for the Clear Creek Crossing development. Several RTD routes were suspended or re-routed throughout the City because there was no longer a dedicated bus terminal with driver relief building. Bus Routes 28 and 32 west of Wadsworth were suspended by RTD several years ago due to a RTD driver contract that required a driver relief facility in western Wheat Ridge. Since that time, a 3 square mile area of western Wheat Ridge and the adjacent portions of Lakewood west of Wadsworth Boulevard between 20th and 38th Avenues have been Council Action Form – Clear Creek Crossing Bus Terminal October 13, 2025 Page 2 without bus service. Bus Route 38 continues to serve W 38th Avenue using the Wheat Ridge Ward G Line station as its terminal. When Lutheran Hospital relocated to its new Clear Creek Crossing campus, Route 38 was routed to continue to provide bus service to the hospital. However, reestablishing Routes 28 and 32 is critical to providing potential users with access to important educational, recreational, grocery and retail shopping, medical, and employment centers along 26th and 32nd Avenues and Kipling and Youngfield Streets. In addition, bus access will also be available to Clear Creek Crossing development. A third bus bay was added to the project to accommodate a future articulating bus at the request of RTD. A summary of the bids received are shown in the following table: Bidder Bid Amount TCC Corporation $625,044.18 Goodland Construction Inc. $737,373.00 PG Arnold Construction $924.906.00 TCC Corporation will have 60 working days to complete the project in accordance with the “Notice to Proceed”. The project is scheduled to start in mid-November and will finish by mid-February. RECOMMENDATIONS: Staff recommends awarding a contract to TCC Corporation in the amount of $625,044.18 for the Clear Creek Crossing Bus Terminal project, with a contingency amount of 10% or $62,504 for a total not-to-exceed amount of $687,548.18. RECOMMENDED MOTION: “I move to award a contract to TCC Corporation in the amount of $625,044.18 with a contingency amount of $62,504 for a total approved amount of $687,548.18 for the Clear Creek Crossing Bus Terminal.” Or, “I move to deny award of a contract to TCC Corporation in the amount of $625,044.18 with a contingency amount of $62,504 for a total approved amount of $687,548.18 for the Clear Creek Crossing Bus Terminal for the following reason(s).” Council Action Form – Clear Creek Crossing Bus Terminal October 13, 2025 Page 3 REPORT PREPARED/REVIEWED BY: Dan Klenjoski, CIP Project Manager Daniel Martinez, Interim CIP Program Manager Kent Kisselman, Interim Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. TCC Corporation Contract 2. Project map ITB-YR-NUM-Name CITY OF WHEAT RIDGE 25-045-Clear Creek Crossing Bus Terminal AGREEMENT THIS AGREEMENT, made this 14th day of October 2025, by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and TCC Corporation, 6820 Powell Street, Loveland, CO 80538, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary tocomplete the construction of the Project titled, ITB-25-045-Clear Creek Crossing Bus Terminal, in accordance with the Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of $625,044.18 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 60 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shallany contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, ATTACHMENT 1 ITB-YR-NUM-Name involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91- 103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Dan Klenjoski Stephen Mertens Office Phone: 303-235-2868 970-460-0583 Email Address: dklenjoski@ci.wheatridge.co.us smertens@tcccorp.net Address: 7500 W 29th Ave. 6820 Powell Street City, State, Zip Code Wheat Ridge, CO 80033 Loveland, CO 80538 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: ITB-YR-NUM-Name a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Dan Klenjoski, Infrastructure Project Manager Date Signed ______________________________________ __________ Kent Kisselman, Interim Public Works Director Date Signed ITB-YR-NUM-Name IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR TCC Corporation Gerald Dahl, City Attorney 6820 Powell Street Loveland, CO 80538 ATTEST TO CONTRACTOR: Authorized Signature Full Name Signature Title Title Date Date ITB-YR-NUM-Name PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that TCC Corporation (Name of Contractor) 6820 Powell Street, Loveland, CO 80538 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of six hundred twenty-five thousand, forty-four dollars and eighteen cents, ($625,044.18) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-045-Clear Creek Crossing Bus Terminal, in accordance with the Contract Bid Documents including: Base Bid – $605,044.18 Minor Project Revisions Allowed – $20,000 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-YR-NUM-Name IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-YR-NUM-Name PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that TCC Corporation (Name of Contractor) 6820 Powell Street, Loveland, CO 80538 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of six hundred twenty-five thousand, forty-four dollars and eighteen cents, ($625,044.18) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-045-Clear Creek Crossing Bus Terminal, in accordance with the Contract Bid Documents including: Base Bid – $605,044.18 Minor Project Revisions Allowed – $20,000 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-YR-NUM-Name IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. Line Item Description Quantity Unit of Measure Unit Cost Total 1 Mobilization 1 LS $6,454.47 $6,454.47 2 Sawing Asphalt Mat (10 inch)600 LF $16.22 $9,732.00 3 Remove Asphalt Mat 223 SY $20.37 $4,542.51 4 Remove Concrete Curb & Gutter 318 LF $5.04 $1,602.72 5 Remove Concrete Sidewalk 212 SY $7.56 $1,602.72 6 Remove Bicycle Symbol Pavement Marking 2 EA $645.45 $1,290.90 7 Remove Bike Rack 2 EA $193.63 $387.26 8 Remove Irrigation Box 10 EA $258.18 $2,581.80 9 Remove Irrigation Line 1441 LF $.31 $446.71 10 Remove Landscaping 231 SY $14.14 $3,266.34 11 Remove Tree 13 EA $719.42 $9,352.46 12 Salvage & Relocate Pedestrian Light 1 EA $5,021.57 $5,021.57 13 Salvage & Relocate Street Light 1 EA $7,732.45 $7,732.45 14 Salvage & Relocate Communication Pedestal 1 EA $2,323.61 $2,323.61 15 Salvage & Relocate Electric Box 1 EA $3,098.14 $3,098.14 16 Salvage & Relocate Irrigation Box 4 EA $1,032.71 $4,130.84 17 Salvage & Relocate Irrigation Drip Line 1 EA $645.45 $645.45 18 Salvage & Relocate Landscaping Boulder 2 EA $238.82 $477.64 19 Silt Fence 320 LF $12.37 $3,958.40 20 Concrete Washout 1 EA $811.97 $811.97 21 Inlet Protection 2 EA $506.03 $1,012.06 22 Seeding & Mulching 1040 SF $1.10 $1,144.00 23 HMA (10")(Patching)(P)121 TON $161.36 $19,524.56 24 Aggregate Base Course (Class 6)(P)(Contingency)155 TON $71.00 $11,005.00 25 2' Concrete Gutter 317 LF $45.14 $14,309.38 26 11" Concrete Pavement 343 SY $177.32 $60,820.76 27 Curb and Gutter - Type 2 324 LF $31.00 $10,044.00 28 6" Concrete Sidewalk 305 SY $88.12 $26,876.60 29 24" Height Concrete Curb Head 67 LF $35.82 $2,399.94 30 18" Height Concrete Curb Head 10 LF $33.56 $335.60 31 12" Height Concrete Curb Head 17 LF $32.27 $548.59 32 Concrete Bench Pad 9 SY $81.33 $731.97 33 Concrete Concrete Shelter Pad 31 SY $78.74 $2,440.94 34 Pedestrian Shelter 2 EA $29,909.99 $59,819.98 35 Bus Terminal 1 EA $177,735.33 $177,735.33 36 Bench 1 EA $3,081.36 $3,081.36 37 Bike Rack 2 EA $570.57 $1,141.14 38 Trash Recepticle 2 EA $2,488.84 $4,977.68 39 Connect to Existing Sanitary Manhole (Core & Boot)1 EA $2,581.79 $2,581.79 40 8" SDR-35 PVC Sanitary Sewer Main 149 LF $137.50 $20,487.50 41 4' Dia. Sanitary MH 1 EA $9,649.43 $9,649.43 42 4" SDR-35 PVC Sanitary Service 36 LF $137.12 $4,936.32 43 4" Sanitary Two-Way Clean-Out 1 EA $722.90 $722.90 44 Connect to Existing Water Main (3/4" Corporation 1 EA $645.45 $645.45 45 4" Insulation 32 SF $16.14 $516.48 46 3/4" Type K Copper Water Service 95 LF $194.78 $18,504.10 47 3/4" Curb Stop 1 EA $258.18 $258.18 48 3/4" Water Meter Pit 1 EA $1,936.34 $1,936.34 49 Adjust Inlet Casting Type 2 EA $6,454.47 $12,908.94 50 Landscapping (1-1/2" River Rock)363 SF $5.37 $1,949.31 51 Landscapping (Crusher Fines)19 SF $10.53 $200.07 52 Cap Irrigation Line 2 EA $200.09 $400.18 53 Street Sign & Post 2 EA $915.24 $1,830.48 54 Bicycle Symbol Pavement Marking 3 EA $419.54 $1,258.62 55 4" Solid White Lane Line 87 LF $6.45 $561.15 56 Bicycle Lane Green Pavement Marking 120 SF $53.72 $6,446.40 57 Traffic Control 1 LS $51,841.69 $51,841.69 Total $605,044.18 Line Item Description Quantity Unit of Measure Unit Cost Total 1 F/A Minor Project Revisions 1 LS $20,000.00 $20,000.00 Total $20,000.00 CONTRACTOR’S QUALIFICATION FORM Your Bid Will Not Be Processed If Incomplete SECTION I - IDENTIFICATION 1. Identification of Applicant Firm A. Exact Legal Name of Applicant Firm DUNS # B. Street Address City State Zip Code C. (Mailing Address, if different from above) D. Primary Company Telephone No. E-mail. E. Applicant Firm's Contact Person for Public Works Office follow-up: Print or Type Name Position Telephone Number F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. ☐ No ☐ Yes G. Type of business organization: YEAR organization established: NUMBER of current full time employees: ☐ Sole Proprietor ☐ Corporation – [Date and State of Incorporation ☐ Limited Partnership ☐ General Partnership [Date and State of Partnership filing ☐ Limited Liability Company ☐ Limited Liability Partnership [Date and State of filing ☐ Other (describe) Type of service(s) to be provided to the City of Wheat Ridge. ☐ General Contractor ☐ Concrete Flatwork ☐ Storm Sewer ☐ Concrete Structures ☐ Traffic Signals ☐ Slurry Seal ☐ Grading ☐ Fog Seal ☐ Asphalt Paving ☐ Crack Sealing ☐ Concrete Paving ☐ Landscaping ☐ Signing ☐ Striping ☐ Traffic Control ☐ Other (describe) SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES 1. Owners List Owners of Applicant Firm. Full Legal Name Title Years of Related Experience % Of Ownership [Use additional sheets if necessary] 2. Project Management Team, Supervisors and Employees Who Will Be Working Directly On the Project(s). List the full names of the primary employees of the proposed Project Team. Full Legal Name Present Position Years of Related Experience % of Time Devoted to Project Professional Licenses [Use additional sheets if necessary] 3. Resume Attach resumes of the Project Management Team showing the last five years of employment in this field. Resumes must be comprehensive and include of Firms worked for and dates of employment. (RESUMES are not required from Materials Suppliers (Vendors). 4. Contractor’s License(s) The awarded Contractor must obtain or have a current City of Wheat Ridge Municipal Contractor’s License within 7 days of Council approval of bid award. SECTION III - CONTRACTING HISTORY 1. Contracting History A. List the applicant Firm’s six largest contracts in the last three years. 1. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 2. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 3. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor SECTION III - CONTRACTING HISTORY – (Continued) 4. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 5. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor 6. Company Name Contact Name Street Address City State Zip Code Phone No: E-mail: Contract Name & Number Contract Amount Start/Completion Dates Description of Work Prime or Subcontractor SECTION III - CONTRACTING HISTORY – (Continued) In the past five years has the Applicant Firm or any Affiliate been the subject of any of the following actions? A. Been suspended, debarred, disqualified, or otherwise declared ineligible to bid? ☐ No ☐ Yes B. Failed to complete a contract for a commercial, private owner or Government agency? ☐ No ☐ Yes C. Been denied a low-bid contract in spite of being the low bidder? ☐ No ☐ Yes D. Had a contract terminated for any reason, including default? ☐ No ☐ Yes E. Had liquidated damages assessed against it during or after completion of a contract? ☐ No ☐ Yes If “Yes” to Sections IV, V or VI, provide details including a brief summary of cause(s) of action, indicate if Applicant Firm, Owner or Affiliate Firms were plaintiffs (P) or defendants (D); define charges explicitly, by what authority, court or jurisdiction, etc. Complete details are required! NOTE: For Sections IV and V below, the definition of an "investigation" includes: an appearance before a grand jury by representatives of the Firm; any oral or written inquiry or review of the Firm’s documents by a governmental or law enforcement agency or investigative agency; or questioning of employees concerning the general operation or a specific project or activities of the Firm SECTION IV - CIVIL ACTIONS 1. Violations Of Civil Law In the past five years has Applicant Firm, any of its Owners, or any Affiliate been the subject of an investigation of any alleged violation of a civil antitrust law, or other federal, state or local civil law? ☐ No ☐ Yes 2. Lawsuits With Public Agencies At the present time is, or during the past five years has the Applicant Firm, any of its Owners, or any Affiliate been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge or to a public agency? ☐ No ☐ Yes 3. Bankruptcy During the past five years, has the Applicant Firm or any Affiliate filed for bankruptcy or reorganization under the bankruptcy laws? ☐ No ☐ Yes 4. Judgments, Liens And Claims During the past five years, has the Applicant Firm been the subject of a judgment, lien or claim of $10,000 or more by a subcontractor or supplier? ☐ No ☐ Yes 5. Tax Liens During the past five years, has the Applicant Firm been the subject of a tax lien by federal, state or any other tax authority? ☐ No ☐ Yes SECTION V - COMPLIANCE WITH LAWS AND OTHER REGULATIONS 1. Criminal In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? ☐ No ☐ Yes B. Been arrested, indicted or named as an unindicted co-conspirator in any indictment or other accusatory instrument? ☐ No ☐ Yes C. Been convicted, after trial or by plea, of any felony under state or federal law? ☐ No ☐ Yes D. Been convicted of any misdemeanor involving business-related crimes? ☐ No ☐ Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or a violation of any antitrust laws? ☐ No ☐ Yes F. Entered into a consent decree? ☐ No ☐ Yes G. Been granted immunity from prosecution for any business-related conduct constituting a crime under state or federal law? ☐ No ☐ Yes H. Taken the Fifth Amendment in testimony on any business-related crime? ☐ No ☐ Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? ☐ No ☐ Yes J. Do any Owners in Applicant Firm have any felony charges pending against them that were filed either before, during, or after their employment with the Applicant Firm? ☐ No ☐ Yes 1. Regulatory Compliance In the past five years, has Applicant Firm, any of its Owners, or Affiliates been cited for: A. A violation of any labor law or regulation, including prevailing wage rates and fair labor practices? ☐ No ☐ Yes B. An OSHA violation? ☐ No ☐ Yes C. A violation of federal, state or local environmental laws or regulations? ☐ No ☐ Yes D. Any other administrative, statutory or regulatory violations? ☐ No ☐ Yes SECTION VI - ETHICS 1. False Statements, Bribes, Collusion In the past five years has the Applicant Firm, any of its Owners, or Affiliates: A. Filed with a government body (including City of Wheat Ridge) or submitted to a government employee (including City of Wheat Ridge employee) any form of document known by the Applicant Firm, any of its Owners, or by the person submitting the document, to contain false information? ☐ No ☐ Yes B. Created or maintained false business records? ☐ No ☐ Yes C. Given, or offered to give, money or any other benefit to a public official or employee with intent to influence that person regarding any of their official acts, duties or decisions? ☐ No ☐ Yes D. Given, or offered to give, money or other benefit to an official or employee of a private business with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities, and/or violations of lobbying regulations)? ☐ No ☐ Yes E. Agreed with another to bid below prevailing market rate? ☐ No ☐ Yes F. Agreed with another to submit identical or complimentary bids or otherwise not to bid competitively? ☐ No ☐ Yes G. Agreed with another not to submit competitive bids in another's territory established either by geography or customers? ☐ No ☐ Yes H. Agreed with another to take turns in obtaining contracts by pre-determining which Firm shall submit the lowest bid? ☐ No ☐ Yes 2. Conflict Of Interest A. Does the Applicant Firm, any of its Owners or Project Team Members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if Applicant Firm should be a recipient of a contract with the City of Wheat Ridge? ☐ No ☐ Yes B. Has any Owner or Project Team member of Applicant Firm ever (if yes explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a Member of Wheat Ridge City Council? ☐ No ☐ Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council Member? ☐ No ☐ Yes SECTION VII - ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: Letter of Reference from your Firm’s Surety, which states current available aggregate and single project bonding capacity (This Application will not be processed without this letter) Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full time employees must be certified at Level II or higher. ATTACHMENT 2 ITEM NUMBER: 4 DATE: October 13, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 50-2025 TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR RADIO SPECIALIST SERVICES TO HAVE A RADIO SYSTEMS ADMINISTRATOR ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Wheat Ridge Police Department is currently a party to an agreement with West Metro for Radio Specialist Services, dated July 22, 2019. Due to the retirement of the current part-time Radio Specialist, West Metro is transitioning the position into a full- time Radio Systems Administrator. With the transition of the role, an amendment must be made to the current agreement in place for adjusted role and salary requirements. PRIOR ACTION: On July 22, 2019, City Council voted to approve the original contract with West Metro Fire Protection District for Radio Specialist Services. FINANCIAL IMPACT: Wheat Ridge Police Department was previously responsible for a total of $23,602 for 2025. If approved WRPD is responsible for paying West Metro the equivalent of twenty- five percent (25%) of the salary compensation paid to the Radio Systems Administrator by West Metro, not to exceed $30,000 for the period from the Effective Date to December 31, 2026. The salary range for this new position is $98,000 to $112,000, making the 25% requirement between $24,500 and $28,000 annually. Compensation will be paid in advance no later than August 15, 2026, and on an annual basis thereafter. BACKGROUND: Radios are of the most essential tools in modern policing, and a Radio Systems Administrator plays a critical behind-the-scenes role in keeping that lifeline reliable. Radios are the fastest and most reliable way for officers to communicate in the field. Council Action Form – Amend Agreement for Radio Services Administrator October 13, 2025 Page 2 Cell phones can drop out, be hacked, or be too slow in emergencies; radios were specifically built for instant push-to-talk communication. This device allows officers to call for backup immediately when under threat, and many modern radios have an emergency alert button that instantly signals distress and location to dispatch. During pursuits, critical incidents, or disasters, radios allow real time coordination between officers, dispatchers, fire, EMS, and other agencies, and are designed to function in harsh conditions, where cell service fails. The Radio Systems Administrator is the person who ensures all the above actually work, performing responsibilities like system maintenance and reliability, programming and configuration, interoperability and coordination, security and encryption, and training and support, as well as ensuring compatibility with evolving state/federal standards. A skilled administrator ensures the system is always available, secure, and interoperable. In short, the role of the administrator is the unseen backbone of police safety and coordination. RECOMMENDATIONS: Staff recommends Council approve the attached amendment to the current agreement for Radio Specialist Services to have a Radio Systems Administrator with West Metro Fire Protection District. RECOMMENDED MOTION: “I move to approve Resolution 50-2025, a resolution approving the First Amendment to Agreement for Radio Specialist Services to have a Radio Systems Administrator.” Or, “I move to postpone indefinitely Resolution 50-2025, a resolution approving the First Amendment to Agreement for Radio Specialist Services to have a Radio Systems Administrator for the following reason(s).” REPORT PREPARED/REVIEWED BY: Shawn Wray, Division Chief Chris Murtha, Police Chief Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 50-2025 2. Exhibit 1 - First Amendment to Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 50 SERIES OF 2025 TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR RADIO SPECIALIST SERVICES TO HAVE A RADIO SYSTEMS ADMINISTRATOR WHEREAS, West Metro and Wheat Ridge are currently parties to the Agreement for Radio Specialist Services, dated July 22, 2019 (“Agreement”). The Parties desire to amend that Agreement through this First Amendment so that the Parties will have a full- time Radio Systems Administrator; and WHEREAS, West Metro currently employs a part-time Radio Specialist position that is transitioning into a full-time Radio Systems Administrator role (“Radio Systems Administrator”), to provide it with expertise and services related to the operation, maintenance, replacement, installation, and use of radio systems (“Services”); and WHEREAS, Wheat Ridge is also in need of Services, and West Metro has expressed a willingness to contract with Wheat Ridge to allow it to use the Radio Systems Administrator’s services on a regular basis; and WHEREAS, the Parties are each, respectively, political subdivisions of the State of Colorado and are permitted to cooperate with one another and enter into contracts for the purposes of providing a service that both are lawfully authorized to provide pursuant to § 29-1-203, C.R.S.; and WHEREAS, the Parties wish to express and memorialize their mutual understanding and agreement concerning the terms and conditions of Wheat Ridge’s use of the Radio Systems Administrator, as further set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: In consideration of the recitals, covenants, and promises set forth in the attached First Amendment (Exhibit 1), this First Amendment is hereby approved. ATTACHMENT 1 DONE AND RESOLVED this 13th day of October 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor 2 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT FOR RADIO SPECIALIST SERVICES TO HAVE A RADIO SYSTEMS ADMINISTRATOR THIS FIRST AMENDMENT TO AGREEMENT FOR RADIO SPECIALIST SERVICES TO HAVE A RADIO SYSTEMS ADMINISTRATOR (“First Amendment”) is made and entered as of the ___ day of ______, 2025 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Wheat Ridge"), and the WEST METRO FIRE PROTECTION DISTRICT, a Colorado special district (hereinafter referenced as "West Metro"), collectively referred to hereinafter as the "Parties." RECITALS WHEREAS, West Metro and Wheat Ridge are currently parties to the Agreement for Radio Specialist Services, dated July 22, 2019 (“Agreement”). The Parties desire to amend that Agreement through this First Amendment so that the Parties will have a full-time Radio Systems Administrator; and WHEREAS, West Metro currently employs a part-time Radio Specialist position that is transitioning into a full-time Radio Systems Administrator role (“Radio Systems Administrator”), to provide it with expertise and services related to the operation, maintenance, replacement, installation, and use of radio systems ("Services"); and WHEREAS, Wheat Ridge is also in need of Services, and West Metro has expressed a willingness to contract with Wheat Ridge to allow it to use the Radio Systems Administrator’s services on a regular basis; and WHEREAS, the Parties are each, respectively, political subdivisions of the State of Colorado and are permitted to cooperate with one another and enter into contracts for the purposes of providing a service that both are lawfully authorized to provide pursuant to§ 29-1- 203, C.R.S.; and WHEREAS, the Parties wish to express and memorialize their mutual understanding and agreement concerning the terms and conditions of Wheat Ridge's use of the Radio Systems Administrator, as further set forth herein. COVENANTS NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein received, the Parties agree to amend the Agreement. The provisions below shall replace in full those in the Agreement. Any provisions of the Agreement not replaced by this First Amendment shall remain in full force and effect. 1. Availability of Radio Systems Administrator. West Metro shall make its Radio Systems Administrator available to Wheat Ridge under the terms set forth in this Agreement. 2. Work Schedule. The Radio Systems Administrator shall work a 40-hour weekday schedule, with schedule flexibility to address after-hours and weekend radio system maintenance issues. The Radio Systems Administrator is available by email or phone. ATTACHMENT 2 3 3. Radio Systems Administrator Employment Status. The Parties agree that the Radio Systems Administrator providing services hereunder shall, at all times, be and remain an employee of West Metro. West Metro agrees that it shall be responsible for all employment obligations related to the Radio Systems Administrator, including but not limited to the provision of wages, benefits, proper income withholdings and reporting requirements, workers' compensation coverage and insurance, notwithstanding the monetary contributions thereto made by Wheat Ridge under this Agreement. 4. Wheat Ridge Payment Obligation. As of the Effective Date, Wheat Ridge agrees to pay West Metro according to the payment obligation schedule outlined in Exhibit A. 5. Term. The initial term of this Agreement shall be from the Effective Date through December 31, 2026. Thereafter, the Agreement shall automatically renew for one (1) calendar year terms, as long as the Parties have reached a written agreement concerning Wheat Ridge's payment obligation, as described in Exhibit A, prior to January 1st of any renewal term. 6. Amendment. The Parties agree that any amendment of this Agreement other than amendments to the payment obligation in Exhibit A, may be accomplished only by formal written amendment to this Agreement, duly approved by each Party. Amendments to Exhibit A shall still be evidenced by a written agreement, signed by both Parties, and shall be deemed in effect until a subsequently dated amendment supersedes it. 7. Termination. In addition to the termination provision set forth in Exhibit A, the Parties agree that either Party may terminate its participation in this Agreement by written notice given to the other Party not less than thirty (30) days prior to the effective date of such termination. 8. Notice. Any written notice or agreement required by this Agreement shall be deemed sufficiently given or documented if personally delivered, electronically mailed or sent by First Class U.S. Mail, addressed as follows: If to Wheat Ridge: If to West Metro: Shawn Wray, Division Chief Support Services Division . · 7500 W 29th Ave. Wheat Ridge, CO 80033 Todd Heinl, Deputy Chief, Administration 433 South Allison Parkway Lakewood, CO 80226 9. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and/or conditions hereof shall not be deemed a waiver of such terms, covenants and/or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 4 10. Entire Agreement. The 2019 Agreement, as amended by this First Amendment, shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of the 2019 Agreement, as amended hereby. 11. Governing law; severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 12. No Third-Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement. 13. Liability of the Parties. The provision of services under this Agreement is for the benefit of the Parties. Each Party agrees to be responsible for its own liability incurred as a result of its participation in this Agreement. In the event any claim is litigated, each Party will be responsible for its own expenses of litigation or other costs associated with enforcing this Agreement. 14. No assignment. This Agreement shall not be assigned or delegated by a Party without the prior written consent of the other. 15. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Parties, and their respective legal representatives and successors. 16. Immunities Preserved. It is the intention of the Parties that this Agreement shall not be construed as a contractual waiver of any immunities, defenses or monetary limitations provided by the Colorado Governmental Immunity Act, §24-10-101, C.R.S, et. seq., the common law or any other applicable law, rule or regulation. 17. Non-Appropriations. All direct and indirect financial obligations of the Parties under this Agreement are subject to the annual appropriation of funds by their respective governing body or board. No provision of this Agreement will be construed or interpreted: (a) to directly or indirectly obligate a Party to make any. payment in any fiscal year in excess of amounts appropriated by such Party for such fiscal year; or (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of a Party within the meaning of Article X, Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision. 18. Alternative Dispute Resolution. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Jefferson County. 5 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to become effective on the day and year first above written. • WHEAT RIDGE: ATTEST: CITY OF WHEAT RIDGE, COLORADO By:_________________________ By:_________________________ WEST METRO FIRE PROTECTION DISTRICT: ATTEST: By:____________________________ By:____________________________ 6 EXHIBIT A PAYMENT OBLIGATION SCHEDULE Wheat Ridge agrees to pay West Metro the equivalent of twenty-five percent (25%) of the salary compensation paid to the Radio Systems Administrator by West Metro, not to exceed $30,000 for the period from the Effective Date to December 31, 2026 ("2026 Compensation"). Wheat Ridge shall pay the 2026 Compensation in advance no later than August 15, 2026. On an annual basis thereafter, West Metro shall forward the next calendar year's proposed budgeted Radio Systems Administrator rate of compensation and proposed Wheat Ridge share thereof. Wheat Ridge shall review such proposal during its budget process and notify West Metro no later than August 1, 2026, of any proposed amendments thereto. The Parties agree that Wheat Ridge's forthcoming annual payment obligation must be mutually agreed upon in writing by December 1 of each calendar year during which this Agreement is in effect. The Parties' failure to timely agree upon the Wheat Ridge share of the Radio Systems Administrator compensation shall operate to automatically terminate this Agreement as of January 1 of the following calendar year.