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HomeMy WebLinkAboutOrdinance 1833 - Building Code Amendments - Final1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE 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. Corrected version as of November 25, 2025 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, new construction, additions, alterations, site development, and other required entitlements. 13 (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. (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. 14 (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 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 15 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, 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 16 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: 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. 17 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. c. Complete elevator layout. d. Any other information that may be deemed necessary in the determination of compliance with requirements of this code. 18 (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 19 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 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 20 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. 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. 21 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. (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, 22 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, 23 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. (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. 24 (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. 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 25 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. (2) Fee. A nonrefundable fee shall be paid in accordance with the city’s adopted fee schedule. 26 (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. Sec. 5-32. Service utilities. 27 (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 sanitary maintenance; the responsibility of owners, an owner’s authorized agent, 42 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. a. 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. b. 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 35 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 8 to 0 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 8 to 0, this 27th day of October 2025. SIGNED by the Mayor on this 29th day of October, 2025 67 A TTEST: 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