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HomeMy WebLinkAboutOrdinance-1996-1039 INTRODUCED BY COUNCILMEMBER SOLANO COUNCIL BILL NO. 21 Ordinance No. 10,9 Series of 1996 022896 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, RELATING TO BUILDINGS AND BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1: Sections 5-1 through 5-125, inclusive of the Code of Laws of the City of Wheat Ridge are hereby amended as follows: Article 1. In Sec. Sec. Sec, Sec. Sec. Secs. General 5-l. 5-2. 5-3, 5-4. 5-5, 5-6-5.20. Purpose. Definitions, Scope, Resolution of conflicts, Enforcement and remedies. Reserved. Article II. Administration And Enforcement Sec. Sec. 5-21. 5-22, Division 1, Generally Records, Inspections-Authority of Chief Building Inopcctor Official; investigations and surveys. Sec. 5-23. Same-Regular program. Sec. 5-24. Right of entry, Sec. 5-25. Building Code Advisory Board. Secs. 5-26-5-32. Reserved. Sec. Sec. Sec. Sec, Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 5,33. 5-34, 5.35 5-36. 5-37, 5-38. 5-39, 5-40. 5-41. 5.42. 5-43. 5.44, Division 2. Building Permit Required; public utilities exception. Authorized applicants, Application to be filed and signed. Validity. Expiration and cancellation, Revocation and suspension-Generally Same-Notice, Stopping issuance under certain condition. Fees. House moving permits. Drawings and specifications. Compliance with Subdivision Regulations. 1 Sec. Secs, Sec. Sec. Sec. Sec. Sec. Sec. Sec. 5-45. Public improvements required. 5-46-5-55. Reserved, Division 3. Electrical Inspections Generally. Certificate of test; re test and suspension of certification. Type required. Record card. Approval of work beyond inspection point and foundation work to be covered. 5-61. Exposure of work. 5-62-5-75. Reserved. 5 56. 5.57. 5-58. 5-59. 5-60. Article Ill. Technical Codes Sec. Sec. Sec. Sec. Sec. Sec. Sec, 5.76 Building Code 5-77. National Electrical Code. 5.78. Mechanical Code, 5.79 Plumbing Code. 5.80 Dangerous Buildings. 5-81. Sign and Wrecking Permit Fees, 5,82-5.100. Reserved. Article IV, Contractors Sec. Sec, Sec. Secs, Sec. Sec. Sec, Sec. Sec. Sec. Sec, Sec. Sec. Sec. Sec. Division 1. Generally 5,101. Definition. 5-102, Application of Article. 5-103. Responsibility of licensees, 5-104-5.114. Reserved. Division 2, License 5-115. 5-116. 5-117. 5-118. 5-119, Required. Exception. Classification. Application forms, fees and procedure. Building Inspection Division to determine qualifications of applicants. Examining procedures for issuance. Fees. Nontransferrable. Validity. Suspension or revocation. Bond and insurance required. 5-120, 5-121. 5-122. 5-123, 5-124. 5-125, 2 ARTICLE I. IN GENERAL Sec. 5~1. Purpose. The purpose of this Chapter lS 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, 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: Abandon (abandoned) shall mean the desertion of a building, structure or utility. Abandon shall also mean, when all utilities are disconnected and/or the building, structure or utility is left to the mercy of vandalism, dilapidation, deterioration and creates a fire hazard, an unsafe condition or a nuisance. Adequate Division, (sufficient) shall mean found to be acceptable by the by the use of reasonable and customary standards. Alter or alteration shall mean any change, rearrangement, addition or modification in construction or occupancy. Approved (Approval) shall mean to be officially acceptable or satisfactorily meeting the basic requirements of this Chapter. Approved agency shall mean an established and recognized agency regularly engaged in conducting tests or furnishing inspection services when such agency has been approved by the division, Approved as to methods, materials and types of construction shall mean approval by the Division as the result of investigation and tests conducted, or by reason of accepted principles or tests by national authorities. technical or scientific organizations or by the standards established within this Chapter. AUTHORIZED REPRESENTATIVE SHALL include MEMBERS OF THE BUILDING INSPECTION DIVISION, AUTHORIZED INSPECTION PERSONNEL OF THE FIRE DISTRICT HAVING JURISDICTION AS WELL AS INSPECTION PERSONNEL OF THE HEALTH DEPARTMENT HAVING JURISDICTION, 3 Board shall mean the Building Code Advisory Board. Building shall mean a structure, including utilities, enclosed with a roof and within exterior walls built, erected and framed of component structural parts designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. Building Code shall mean the total content of this Chapter together with the content of the various standard codes adopted by this Chapter. Building, existing, shall mean any building actually constructed or started under properly issued building permit previous to the adoption of this Chapter, or located on land annexed to the City or built prior to the requirement of a Building Permit. Building Official shall mean the Chief Building inopcctor OFFICIAL or his authorized representative. Combustible material shall mean one which does not meet the requirements of the definition of ~NONcombustible material. Construction shall mean all labor and materials used in the framing or assembling of component parts in the erection, con- struction, raising, demolition and removal of any appliance, device, building, structure or utility. DEPARTMENT OF PLANNING & DEVELOPMENT SHALL MEAN THE CITY DEPART- MENT CONSISTING OF THE PLANNING DIVISION, CODE ENFORCEMENT CODE ENFORCEMENT DIVISION AND THE BUILDING INSPECTION DIVISION. THE DEPARTMENT IS HEADED BY THE DIRECTOR OF PLANNING & DEVELOPMENT. DEPARTMENT OF PUBLIC WORKS SHALL MEAN THE CITY DEPARTMENT CON- SISTING OF THE ENGINEERING DIVISION AND STREET MAINTENANCE DIVI- SION. THE DEPARTMENT IS HEADED BY THE DIRECTOR OF PUBLIC WORKS. DEPARTMENT SHALL MEAN THE DEPARTMENT OF PUBLIC WORKS. Deterioration shall mean as applied to buildings, structures, equipment and materials, includes corrosion, decay, wear and tear through abuse, obsolescence, effects of the elements, fire damage, lack of maintenance or by any other cause; includes fatigue due to overstressing, disintegration of component parts of a building, structure and equipment and the separation of materials and structural parts. Division shall DEPARTMENT OF dcpo.rtmcnt, mean the Building Inspection Division of the PLANNING AND DEVELOPMENT community dc;clopmcnt Floor area shall mean the area included within the surrounding 4 exterior walls of a building or portion thereof, exclusive of vent shafts and exterior courts. The floor of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Maintenance shall mean the repair, alteration or replacement of those portions of a building, structure or utility which for any reason, deteriorates, corrodes, decays, breaks, wears out or otherwise becomes incapable of furnishing or providing the degree of public safety prescribed by this Chapter for which the build- ing, structure or utility was installed or incorporated. This definition shall not include normal janitorial services. A MUNICIPAL LICENSED CONTRACTOR IS AUTHORIZED, UPON ISSUANCE OF A "RIGHT OF WAY CONSTRUCTION PERMIT", TO WORK WITHIN THE PUBLIC WAY. Occupancy shall mean the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Occupancy, mixed, shall mean a building used for more than one (1) purpose. Partition shall mean any vertical construction used to divide a building or part thereof into rooms or spaces and which extends over six (6) feet above the floor on which it rests or .,;hich cJctcndo FRorc thiln onc hillf thc diotilllcc from floor to cciling, ~hichcYcr io lcoe. Public walk shall mean any parcel of land on public or private property appropriated to the free passage of the general public. PUBLI C WAY SHALL MEAN ANY PUBLI C STREET, WAY, PLACE, ALLEY, SIDEWALK, EASEMENT, PARK, SQUARE, PLAZA OR OTHER CITY OWNED RIGHT OF WAY OR ANY OTHER PUBLIC PROPERTY OWNED OR CONTROLLED BY THE CITY OF WHEAT RIDGE AND DEDICATED TO PUBLIC USE, ANY EASEMENTS DEDICATED SOLELY FOR UTILITY PURPOSES SHALL NOT BE INCLUDED IN THIS DEFINITION, Repair shall mean the reconstruction or renewal of any part of an existing building, structure or utilitY4ee for the purpose of its maintenance. The word "repair' shall not apply to any change of construction. Structure shall mean an assembly of materials forming a construc- tion for occupancy and including among others, buildings, stadi- ums, tents, reviewing stands, platforms, stagings, observation towers, radio and television towers, water tanks, swimming and 5 wading pools, retaining walls, open sheds, coal bins, shelters, fences, display signs, This definition shall not include utili- ties. UTILITY (IES) SHALL INCLUDE LIMITED, TO GAS, ELECTRICAL, SEWER, ETC. PUBLIC SERVICES INCLUDING BUT NOT TELEPHONE, CABLE TV, WATER, SANITARY UTILITY COMPANY (IES) SHALL MEAN ALL DISTRICTS AND PUBLIC AND PRIVATE COMPANIES WHO SUPPLY UTILITY SERVICES INCLUDING, GAS, ELECTRICAL, TELEPHONE, WATER, SEWER, CABLE TV, ETC, UTILITY SERVICES SHALL MEAN THOSE PORTIONS OF UTILITIES LOCATED OUTSIDE OF A PUBLIC WAY, Use shall mean a component or constituent of an occupancy. UtilitY~ SERVICES shall include, but shall not be limited eyTO, the following: (1) Refrigeration systems and their appurtenances. (2) Electrical systems and all appurtenances such as motors, etc. (3) Heating and ventilating systems and appurtenances. (4) Elevators, dumbwaiters, escalators and similar conveyances, (5) Fire protection systems and apparatus. (6) Air-conditioning or air-treatment systems, including ductwork, (7) Exhaust or ventilating systems including ductwork, (8) Plumbing and sanitary systems and all appurtenances. (9) Signal and annunciator systems, (10) Gas, oil and solid fuel-fired appliances, plplng, controls, burners and their appurtenances. (ll) ment, Evaporative cooling, antennas, wells and equip- water heaters, gas lights, fences. (12) Swimming pool piping, gasoline pumps, L. P. G. , liquid fuel and gasoline tanks and piping. (13) TELEPHONE AND CABLE TV LINES AND FACILITES. Utility doeo not include Q public utility, 6 Utility, public, ohall mcan one '.;hich io ;::tuthorizcd to be fran chiocd by ;::tn ;::tffirm;::tti,c votc of thc pcoplc of thc city to pcrforffl ouch ocr~'icco ;::to ;::trc ncccoo;::try to fulfill the abligCltiofiB aa indica.tcd by ouch authorization or fra.nchioc, or any city, otatc or fcdcrally o~ncd utility, Sec. 5-3, Scope, The provisions of this Chapter shall extend to and govern the following: (1) Construction, addition, alteration, repair, demoli- tion, conversion, removal, moving, occupancy and main- tenance of any building, structure er, utility SERVICE hereafter crcctcd 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 er,utility SERVICE hereto- fore crcctcd CONSTRUCTED OR OTHER WORK IN THE PUBLIC WAY. Sec. 5-4, Resolution of conflicts, If there are Articles of requirements any conflicts this Chapter, shall govern. between the provisions of any of the the more restrictive provisions or Sec. 5-5. Enforcement and remedies. (a) Civil actions, When an alleged violation of this Chapter has not been voluntarily abated within the time specified in the notice issued pursuant to Section 2-34: (1) The City may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint, removal, termination or abate- ment by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue, or by the Mayor, the Director of Planning and Development, DIRECTOR OF PUBLIC WORKS or the Chief of Police or their designated representatives. (2) The civil action to declare and abate a violation of this Chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint, which shall be veri- fied or supported by an affidavit, Summonses and subpoe- nas shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified 7 complaint upon the owner, agent, occupant or the person who caused or allowed the violation (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint, The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the ap- pearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown, No case shall be continued for more than sixty (60) days after the appearance date. (4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear, and if the City proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the City; except that, the court shall order the enforcement by the City be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address, Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the non appearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and default judgment entered thereon. (5) Any disobedience to or interference with any injunc- tion or order issued by the municipal court in an action to abate a violation of this Chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine not to exceed nine hundred ninety-nine dollars ($999,00), Each day's failure to comply with an injunc- tion or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure as presently adopted and as amended hereafter from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351. 1, 359 (c) (2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of Chapter 5 is sought, in the event of any discrepancy between any of the provisions of Chapter 5 and those applicable rules of county court civil proce- 8 dure, or Rule 65 of the Colorado Rules of civil Procedure adopted hereby, the provisions of Chapter 5 shall prevail and be applied, The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge municipal court to adopt rules of procedure for the Wheat Ridge municipal court, which rules shall be applicable in any civil enforcement action brought by the City; provided, howev- er, that said rules of procedure adopted and promulgated by the presiding judge of the municipal court shall not conflict with or contradict the authority of the City to pursue civil enforcement for violations of the provisions of this Chapter 5. (7) In any case In which the City prevails in a civil action initiated pursuant to this Subsection (a), the City may recover its reasonable costs of abating the violation, including reasonable costs of litigation, plus fifteen (15) percent in administrative costs; plus costs may be assessed against the subject property pursuant to Paragraphs 16-13-313 and 16-13-314, C.R.S. (as amended) . The remedies specified in this Subsection (a) shall be in addition to all other remedies provided by law. (b) Crimin~l actiono, Whcn an ~llcgcd violation of thio Ch~ptcr hao not bccn voluntarily abatcd ~ithin thc timc opccificd in thc noticc iooucd purou~nt to Scction 2 ~1. (1) Thc City may bring ~ crimin~l ~ction in thc municipal court to h~vc thc viol~tion dccl~rcd ~o ouch by thc court and to ha'cc thc court impooc ocntcncc purouant to Subocction (3) bclm; upon thc m;ncr, agcnt, occupant or pcroon ,...ho c~uocd thc ',dolation or thc pcroon ',;ho ~llo',;cd thc 'ciolation to continuc. (2) Thc criminal action to dccl~rc a violation of thio Ch~ptcr ohall bc brought in thc n~mc of thc Pcoplc of thc Statc of Color~do by ocrcing ~ copy of thc oummono and compl~int upon thc ~llcgcd violator (hcrcinaftcr "dcfcndant") and filing. thc origin~l ',;ith thc court. Summono and complaint and oubpocna oh~ll bc ocrvcd ao in crimin~~ ~ctiono',~ny cmploycc or agcnt of thc City of \..hc~t Rldgc '.;ho lO o'ccr thc ~gc of cightccn (18) m~y ocrvc ~ oummono ~nd complaint upon thc dcfcndant or a oubpocna upon any vitncoo to thc violation. (3) l',ny pcroon 'ciol~ting any of thc pro'cioiono of thio Chaptcr oh~ll bc guilty of a miodcmcanor and, upon conviction of ouch yiol~tion, oh~ll bc oubjcct to ~ finc not to cJCcccd ninc hundrcd nincty ninc dollaro (;:999.00) , 9 or imprioonmcnt not to cxcccd onc hundrcd d~yo, or both ouch finc and im providcd, hO\;c:er, that no pcroon cightccn (18) yearo ohall bc oubjcct ~ violation of thio Chapter. eighty (180) prioonmcnt, undcr thc agc of to imprioonmcnt for (c) Other rcmcdico. Thc rcmcdico oct forth hcrcin ~re cUffiula tivc. In c~oe of viol~tion of ~ny of thc provioiono of any of thc tcchnical codco adoptcd purou~nt to Articlc III of Chaptcr S, cnforccmcnt may bc had purouant to thc provioiono of thio Cection or ~ny opccific pro".oioiono of any ouch tcchnical codeD ~o arc currcntly in effcct ~ithin thc City. +e+(B) Cumulative remedies, The remedies set forth herein are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this Chapter, the City or any proper City official may institute any other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land. The initiation of any action or the imposition of any penalty hereun- der shall not preclude the City or any proper person from insti- tuting any other appropriate action or proceeding to require compliance with the provisions of this Chapter and with adminis- trative orders and determinations made hereunder. ARTICLE II. ADMINISTRATION AND ENFORCEMENT* DIVISION 1. GENERALLY Sec. 5-21. Records, (a) General file records in the Building Inspection Division shall be open for public inspection, but may not be removed from the Building Inspection Division. Except as provided by law, specific investigation records on individual cases and license applications are not open to the public except by direction of the Mayor, or order from the court. (b) Plans on file in the Building Inspection Division shall not be made available to the public for reproduction, tracing or copying, Nothing in this Chapter is to be interpreted as prohibiting the City from microfilming OR DIGITAL IMAGING AND STORAGE OF any plans and specifications for file purposes within the City. Sec. 5-22. Inspections-Authority of building inopcctor CHIEF 10 BUILDING OFFICIAL; investigations and surveys. (a) The Chief Building inopcctor OFFICIAL shall have the authority to inspect, or cause to be inspected for compliance with this Chapter all buildings, structures and utilities. +B+ Incidental to any of these duties and powers, but without limitation of same, the dcpurtmcnt 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. Sec. 5-23. Same-Regular program. (a) A program of regular and continuous inspection of existing manufacturing, commercial and residential buildings and structures within this City hereby is found and determined to be necessary to provide and maintain the minimum standards of public health and safety required to be provided for by law. (b) Such a program of inspection hereby is authorized and ap- proved; and the appropriate fire departments and health depart- ment, having jurisdiction in the City, and the Building inspection Division, are authorized and directed to make such inspections of such property as they determine are required to make such a program effective. (c) In the implementation of such a program of inspection, the duly authorized inspection personnel of such departments hereby are authorized and directed to use all means provided by law to such inspections. Sec. 5-24. Right of entry, (a) Generally, Whenever it lS 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 inopcctor OFFICIAL or his authorized representative, or any authorized inspection personnel of the fire departments or heal th 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 inopcctor OFFICIAL or his authorized representative hereby is, oubj cct, hm;cvcr, to conotitutionul limitutiono, 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 inopcctor OFFICIAL by this Chapter or other applicable law; provided that: (1) If such property be occupied, he shall first present 11 proper credentials to the occupant and request entry explaining his reasons therefore. (2) If such property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefore. 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 inopcctor OFFICIAL or his authorized representative shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, Notwithstanding the foregoing, if the Chief Building inopcctor OFFICIAL or his authorized representative has reasonable cause to believe that the building or premises is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, he shall have the right to enter imme- diately and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied, and whether or not permission to inspect has been obtained, If the property be occupied, he shall first present proper credentials, as provided for in Section 5-22 to the occupant and demand entry, explaining his reasons therefore and the purpose of his inspection. (b) Dcfinitiono. In thio ocction "o.uthorizcd rcprcocntilti'vT" oho.ll includc thc chicf building inopcctor ilnd iluthorizcd inopcc tion pcroonncl of thc firc dcpilrtmcnt hilving juriodiction ilnd iluthorizcd inopcction pcrooncll of thc hCillth dcpilrtmcnt hilving juriodiction. (c) Owner's refusal to permit. No person shall fail or refuse, after proper demand has been made upon him as provided in this Section, to permit the Chief Building inopcctor OFFICIAL or his authorized representative to make any inspection provided for in Section 5-22. Any person violating this Section shall be guilty of a misdemeanor. Sec. 5-25. Building Code Advisory Board. Whenever in this Chapter reference is made to an appeal from any written ruling or administrative decision, the Building Code Advisory Board as established in Section 2-59 of this Code shall be the appellate body so designated, whether it shall be styled as Board of Appeals, Housing Appeals and Advisory Board, or by any other name Secs. 5-26-5-32. Reserved. DIVISION 2. BUILDING PERMIT 12 Sec. 5-33. Required; public utilitY4€B exception, (a) No person nor the Federal, State, County or City government or any agency, subdivision or department thereof shall erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert, demolish or 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 dcpo.rtmcnt INSPECTION DIVISION. Permits shall not be transferable. (b) A permit shall not be required of a public utility, EH:H:-y fro.nchiocd or o.uthorizcd 0.0 ouch in thc city, for the repair and maintenance of the equipment and facilities LOCATED OUTSIDE THE PUBLIC WAY used in the distribution of such utility which has been exempted elsewhere in this Chapter. (c) School districts shall not be required to obtain a permit to erect, construct, enlarge, remodel, alter, repair or improve any school buildings thcy mo.y ho.',{c juriodiction ovcr, OWNED AND OPERATED BY THEM IN ACTIVE AND EXCLUSIVE USE FOR CLASSROOM EDUCA- TIONAL PURPOSES, ALL SUCH FACILITIES REMAIN SUBJECT TO ALL OTHER REQUIREMENTS OF THIS CODE, INCLUDING CHAPTER 26, (ZONING AND DEVELOPMENT) , Sec. 5-34. Authorized applicants. Only persons duly licensed under the terms and provisions of this Chapter may apply for a permit, and such licensees may apply for and be issued permits to perform only such work as they are entitled to perform under their respective licenses. Any applica- tion for a permit filed in derogation of this Chapter shall be deemed to have been filed with fraudulent intent and shall be a nullity, Notwithstanding the foregoing and in addition thereto, the following persons shall be deemed to be authorized applicants: (1) Any person who owns a group I er-J building may make application for permit to enlarge, remodel, alter, repair, improve, convert or demolish such building. Upon issuance of a permit hereunder all such work authorized shall be performed personally only by such person and shall be performed in accordance with all the require- ments of this Chapter. (2) .",ny pcroon ',;ho mmo 0. propcrty o.nd ,;ioheo to con otruct or erect 0. group J occupo.nc)' building or otructurc on the property for hiD o',m occupo.ncy mo.y mo.ke o.pplicCltion for 0. pcrmit for ouch building or otructure. 13 Sec. 5-35. Application to be filed and signed. (a) To obtain a permit, the applicant shall first file an appli- cation in writing on a form furnished by the Building dcpartmcnt INSPECTION DIVISION and such application shall include all infor- mation and reflect such qualifications as may be required. The application for a main building or an addition that exceeds fifty (50) percent of the present gross floor area, except as pertains to all Residential-One (R-l) ,Rcoidcntial T',;o (R 2) , Rcoidcntial Onc ;'\ (R 1 lI.) , Rcoidcntial Onc 12 (R 1 12) , RcoidcntiQl Onc C (R 1 C) zoning categorY4ee, ~ SHALL be accompanied by a development plan, including, but not limited to, landscaping, drainage, traffic flow, parking and park and street dedication, Building Permits will not be issued unless such development plan has received the approval, subject to additional engineering requirements by THE DEPARTMENT OF Public Works AND/or the Planning dCPQrtmcnt DIVISION. (b) A licensee AND/or his authorized representative shall be re- quired to sign all applications for permits issued to him. The licensee shall submit a list annually to the dCPQrtmcnt DIVISION indicating the licensee signature and those of his authorized representatives. An applicant for an owner's permit shall be required to sign all applications for permits issued in his name. Sec. 5-36. Validity. (a) The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of, any violation of the provisions of this Chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this Chapter ensued, When such violation occurs and correction notices are not followed, the permit shall be deemed to be canceled and the building, structure or utility shall be made to conform with the provisions of this Chapter or shall be removed or demolished. (b) The issuance of a permit, based upon drawings and specifica- tions, shall not prevent the dcpartmcnt DIVISION from thereafter requiring the correction of violations in the drawings and speci- fications or from stopping unlawful building operations being carried on thereunder. Sec. 5-37, Expiration and cancellation. (a) Generally: Every permit shall expire if the work authorized by such permit is not commenced within sixty (60) days from the issue date of such permit, or if the work authorized is suspended or abandoned for a period of one hundred twenty (120) days at any time after the work is started. Expired permits shall be canceled and no refund of the permit fee shall be made. Before such work 14 can be commenced or resumed, a new permit shall be obtained and the fee therefore shall be one-half the amount required for the original permit, provided that no changes have been made in the original drawings and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one (1) year. If the permit holder can demonstrate that the suspension or abandonment was occasioned by circumstances beyond his control and that it would be an injustice to require a fee for a new permit, the same may be issued without charge AT THE SOLE DISCRETION OF THE CHIEF BUILDING OFFICIAL. (b) Exception: The work authorized by a wrecking or moving permit shall be commenced within thirty (30) days from the date of issuance of such permit and shall be continuous until the work authorized by such permit is completed. If such work is suspended or abandoned for a period of ten (10) days after the work is commenced, the permit shall expire. For the purpose of this Sec- tion, the definition of "continuous" shall be the normal rate of progress in completion of a project in keeping with good building or demolition practices. Sec. 5-38. Revocation and suspension-Generally. The Building department INSPECTION DIVISION may revoke or suspend any permit or may stop the work for any of the following reasons: (1) Whenever there is a violation or suspicion of a violation of any provision of this Chapter or any City Ordinance which the departmentDIVISION is empowered to enforce. (2) Whenever the continuance of any work becomes dan- gerous to life or property. Sec. 5-39. Same-Notice. The notice of revocation or suspension of the permit in every instance shall be in writing and shall be served upon the holder of the permi t , the owner OF THE PROPERTY or the person having charge of the work. After the notice is served, it shall be unlawful to proceed with any work for which such permit was issued. Revoked permits shall be canceled and the permit fee shall not be refunded. Reinstatement of a permit shall be by written notice from the Building Inspection Division. Sec 5-40, Stopping issuance under certain conditions. The mayor DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT or the Director of Public Works may order, in writing, that the Chief Building inopectorOFFICIAL temporarily stop issuing building permits to a certain owner or person in the case of willful and repeated violation of this Chapter, the City Engineer's standards 15 and specifications, or other City Regulations. Sec. 5-41. Fees. (a) All fees RELATED TO PUBLIC WORKS 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 CON- STRUCTION OF THE STRUCTURE, ohall be computed on the contract price of the ..Jork to be performed (totCll coot to the cuotomer) and ouch feeo ohall be bCloed on Table No, J ^ 00 publiohed in the Uniform Building Code 1991 Edition. (e) Itemo of ',;or]c for ',;hich a permit io required undcr thio Chapter "hich are commenced before a permit io sccured ohall be aoocsoed feeo for permito in t~;ice the amounto preocribed in the rERPlIT' C FEE ochedule, ~(B) The Government of the United States of America, the Setate OF COLORADO and its political subdivisionS, the City and all agencies and departments thereof, shall be exempt from the payment of fees for work performed on buildings, structures or utilities owned wholly by such agencies or departments and devoted exclusively to governmental use. +a+(C) The fee for a supplementary permit to cover any additional valuation not included in the original permit shall be the dif- ference between the fee paid for the original permit and the fee which would have been required had the original permit included the entire valuation. Sec. 5.42. House moving permits. Each house moving permit shall be issued subject to the approval of the otreet authority of the city hClving reoponoibility for maintenance of the otreeto and theDIRECTOR OF PUBLIC WORKS police department AND THE CHIEF OF POLICE. Failure to obtain approval as set out above s-hall nullify and void the permit issued by the Building INSPECTION DIVISION department and any fees paid shall be retained by the City. The Chief Building inopector OFFICIAL, and other departments and authorities mentioned herein, may impose reasonable conditions on the permit holder to ensure the safe movement of any building within the City. EACH HOUSE MOVING PERMIT SHALL BE ASSESSED A $100.00 PROCESSING FEE FOR ISSUANCE OF THE PERMIT WHICH SHALL BE DUE AND PAYABLE AT TIME OF APPLICATION FOR THE PERMIT. IN ADDITION TO THE PROCESSING FEE, THE PERMITTEE SHALL PROVIDE A $500,000 DOLLAR BOND OR INSURANCE CERTIFICATE OR OTHER SUITABLE SECURITY TO THE CITY AS A GUARANTEE TO THE CITY THAT ANY DAMAGES TO PUBLIC IMPROVEMENTS ARE REPAIRED TO NEW CONDITION. 16 Sec. 5.43. Drawings and specifications. (a) Required Drawings and specifications shall be required prior to the issuance of a permit. Such drawings and specifications shall be checked and approved by the Building Inspection Division prior to the issuance of a permit for the work to be performed. All drawings shall have the Building department DIVISION stamp of approval on each page thereof. (b) Who may submit. Any person may submit drawings and specifi- cations in connection with an application for a permit, except that permits for buildings for public or semipublic nature or for any building exceeding two (2) stories in height or with a clear span exceeding twenty-four (24) feet shall require approval of a state licensed architect or engineer. Retaining walls over five (5) feet in height must be engineeredDESIGNED and approved by a state licensed engineer. A survey establishing the location of boundaries and a plan for drainage of the property upon which the operations are to be executed may be required by the Chief Build- ing inopector OFFICIAL. Exception: Single-family residences embodying standard construc- tion techniques, Gnd Gpartment buildingo of not more than t~:o (2) otorieo abo~e grGde Gnd conoioting of flooro opGno of not more than t\:enty four (2'1) feet, no incheD, or eight unito, may be specifically excluded by the Chief Building inopectorOFFICIAL from the requirement for architectural or engineering service. Permits for small and unimportant structures may be issued without requiring complete plans. (c) Standards for preparation: content. Drawings, when required, shall be made to scale upon substantial paper, plastic or cloth and the drawings and specifications shall be complete and of sufficient clarity to indicate the entire nature and extent of the work proposed and to indicate in detail that the building, structure and utilities will conform to the provisions of this Chapter, current Subdivision Regulations in effect at the time the permit is issued, and all relevant laws, ordinances, rules and regulations. Mechanical drawings, specifications and analyses shall contain: (1) The name, signature and address of the person or firm responsible for preparation of such drawings and specifications. The seal AND SIGNATURE of the engineer (s) AND/or architect(s) responsible for the preparation of such drawings and specifications SHALL APPEAR on each drawing. (2) At least single line drawings (including typical isometric) of plumbing, heating and air-treatment sys- tems. 17 (3) BTU rating of gas units, including method of com- bustion air supply, type of refrigeration and horsepower and gas meter locations. (4) Heating, ventilation, cooling and fire protection details. Electrical drawings, specifications and analyses shall contain: (5) The name, signature and address of the person or firm responsible for the preparation of such drawings and specifications. The seal of the engineer or architect responsible for the preparation of such drawings and specifications stamped on each drawing and signature affixed thereto. (6) A complete electrical layout with a service diagram showing load breakdown and sizes of service and feeder conductors and location of feeder panels. Additional information required by the Division may include: (7) Reports of an independent testing agency which substantiates the requirements of this Chapter regarding structural or fire resistive characteristics of the building or portion thereof. (8) Calculations indicating the determination of sizes of elements of the structure. (9) Any other information that may be deemed necessary in the determination of compliance with requirements of this Chapter. (10) Complete elevator layout. (d) Disposal after final inspection. After final inspection has been made upon completion of the work approved in a set of draw- ings and specifications, the 4Division copy of such drawings and specifications shall be disposed of in the following manner: (1) All drawings and specifications pertaining to City-owned buildings, structures or utilities shall be kept in a permanent file. (2) Other drawings and specifications may be disposed of at any time after two (2) years have elapsed from the date of issuance of the permit. (3) Drawings and specifications submitted for checking only may be disposed of after sixty (60) days. Sec. 5-44. Compliance with Subdivision Regulations. 18 Prior to the issuance of a certificate of occupancy for new construction of a dwelling or main building, applicable subdivi- sion regulations existing at the time the Building Permit was issued shall be complied with by the oubdi~iderOWNER 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 completion of u dra.inage plun and required druinage otructureo aD required by the oubdi';ioion regulationo. AND COMPLIANCE WITH OTHER ADOPTED STANDARDS. Sec. 5.45. Public improvements required. (a) Applications for Building Permits shall be reviewed by the Department of Public Works to determine whether the proposed construction will require the installation or construction of public improvements INCLUDING, BUT NOT LIMITED TO, ouch a.o street paving, curbs, gutters, sidewalks, drainage facilities, or other public improvements as may be required by Ordinance or the Subdivision Regulations. (b) If it is determined by the Department of Public Works that any such public improvements are necessitated by the proposed construction based upon the specific adverse effects created by the proposed construction (ouch aD, merely by ~uy of illuotration and not by ",luy of limitution, , INCLUDING, BUT NOT LIMITED TO, drainage, traffic, street continuity, CURB, GUTTER AND SIDEWALK, RELOCATION OR UNDERGROUNDING OF UTILITIES, STREET LIGHTING, ROADWAY CONSTRUCTION), the Department of Public Works shall so inform the Building Official, and in such event a condition shall be inserted in the Building Permit which shall require the con- struction of such public improvement or public improvements by the property owner and the dedication thereof TO the City. All such improvements are to be constructed in full compliance with the City'S Engineering DIVISION Regulations, design standards and construction specifications. The cost of any such improvements shall be borne by the property owner, and the construction thereof shall be at the sole cost, risk and expense of the property owner, subject to the provisions of any applicable City Ordinance, regulations or policies. SUBJECT TO THE REQUIREMENTS OF (C) BELOW, F failure to construct any such required public improvements shall entitle the City to withhold any certificate of occupancy. (c) If it is determined by the Department of Public Works, after consideration of the factors set forth in Cuboection (c) hereof, BELOW that such public improvements MAY be placed at a later date, a. dcvcl opmcnt ugreement ohall bc cxecuted. AN ESCROW AMOUNT EQUALLING 100 PERCENT OF THE ESTIMATED COST OF THE REQUIRED PUBLIC IMPROVEMENTS SHALL BE DEPOSITED WITH THE CITY. THE COST ESTIMATE WILL BE PREPARED BY THE ENGINEERING DIVISION, BASED UPON CURRENT 19 CONSTRUCTION COSTS PRIOR TO ISSUANCE OF A BUILDING PERMIT. (1) THE INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AND RELATED ROADWAY IMPROVMENTS MAY NOT BE REQUIRED WHERE LESS THAN HALF OF THE PROPERTIES ON THE STREET EXTENDING FIVE HUNDRED (500) FEET FROM THE LOT LINES OF THE PROPERTY IN QUESTION, ON BOTH SIDES OF THE FRONTING STREET, HAVE IN EXISTENCE CURBS, GUTTERS AND SIDEWALKS. (2) NO CURBS, GUTTERS AND SIDEWALKS SHALL BE REQUIRED FOR A REMODELING OF AN EXISTING BUILDING (3) INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE CERTIFI- CATE OF OCCUPANCY. (d) In no event shall installation of curbs, gutters or side- walks, nor execution of a development cO'"Tnunt, be required if the cost of installation of such curbs, gutters~, sidewalks AND OTHER IMPROVEMENTS exceeds ten (10) percent of the cost of the Building Permit value. IN THIS CASE, AN ESCROW IN THE AMOUNT OF TEN PERCENT OF THE VALUE OF THE BUILDING PERMIT SHALL BE DEPOSITED WITH THE CITY BY THE PROPERTY OWNER PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR THE IMPROVEMENTS. In addition, the installation of curbs, gutters and sidewalks shall neither be required nor allowed upon any street designated as an exempt local street in the City's comprehensive plan NOR SHALL THE DEPARTMENT REQUIRE AN ESCROW FOR PUBLIC IMPROVEMENTS. (c) The Depurtment of Public l'IorJco muy determine that public improvemento need not be immediutely inotulled if uny of the follo~ing conditiono Clre met. (1) The inotallation of curbo, guttero und oidc.JClllw may not be required ",:here leoo thun hulf of the propertieD on the otreet extending fi~e hundred (500) feet from the lot lineD of the property in queotion, on both oideo of the fronting otreet, hu~e in exiotence curbo, gut tero and oidc-.:aIJco. (2) No curbo, guttero und oide\."ClIJco ohull be required for a remodeling of un exioting building. (J) Inotallation of curbo, guttero Clnd oidc.."ClIJco ",:auld be impractical or economicully unfeaoible. (E) In any such event, a Development agreement shall be signed by the owner of the property, pursuant to the Subdivision Regulations of the City, which Development agreement shall remain in full force and effect for ten (10) years from the date of execution by the property owner, unless sooner released of record by the City. 20 (f) Any owner, contractor or developer who is aggrieved by a decision of the Department of Public Works requiring installation of such public improvements OR ESCROWING OF FUNDS IN LIEU OF CONSTRUCTION shall have the right to appeal the Department's determination to the City Council by filing a ',.rritten requeot for a public hCilring before the City Council, ',chich .,..ritten requeot muot be recei ';ed by the City Cler]c no later than thirty (J 0) do.Y:J after the Department of Public Wo~co' determination. The o.Ppeal deocribed ohall be determined by the City Council follo',Jing public heo.ring o.fter notice to o.II intereoted partieD by pooting, o.nd oho.ll be conducted purouant to the procedureo for public hearingo ao opecified in the City Cubdi~ioion Regulationo. TO THE BOARD OF ADJUSTMENT PURSUANT TO SECTION 2-61 OF THE CITY'S CODE OF LAWS. (g) Eilch o.Pplicant for 0. Building Permit ohilll be provided 0. copy of thio Chapter Cection S '15 at the time of o.Pplication for ouch Building Permit. DIVISION 3. ELECTRICAL INSPECTIONS Sec. 5-56. Generally. All electrical work performed under the provisions of this Chapter shall be subject to inspection by the Division and certain types of work shall have continuous special inspection by privately employed qualified inspectors. ao opecified hereafter. All inspections except those requiring a special inspection 0.0 oto.ted o.bo'"T, shall be requested at least twenty-four (24) hours in advance of the actual physical inspection. Sec. 5-57. tificate. Certificate of test; retest and suspenslon of cer- (a) The Chief Building inopectorOFFICIAL may, at his option, accept a certificate of test from a licensed contractor in lieu of actual inspection. Such certificate shall be on a form prescribed by the Chief Building inopectorOFFICIAL, -aft4 shall be signed by a responsible representative of the licensed person, and shall set forth the date of test and the results obtained therefrom. (b) The Chief Building inopector OFFICIAL or his authorized representative may retest any installation or assembly on which a certificate has been filed, and in the case of substantial dis- crepancy in the results of this test, may suspend any contractor's privilege to file such certificate in lieu of actual inspection. Sec. 5-58. Type required. Required inspections shall include, but not be limited to, the following: 21 (1) Rough-in First Inspection which shall consist Df all conduits, semirigid piping or wiring being in place prior to covering. (2) Final Inspection to be made when the work is com- pleted and operating. Sec. 5-59. Record card. ~ NO construction work, including new work, additions, alteration and repairs for all occupancies, shall ft6t be commenced until the permit holder or his agent shall have posted an inspection record card in a conspicuous place so as to allow the Division to conveniently make the required entries thereon regarding inspection of the work. Sec. 5-60. Approval of work beyond inspection point and founda- tion work to be covered. (a) Electrical work shall not be performed on any portion of a building, structure or utility beyond the point indicated in each successive inspection without first obtaining the approval of the Building Inspection Division. Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections in this Article. (b) Foundation work, reinforcing steel or structural framework of any part of any building, structure or utility shall not be covered or concealed in any manner whatever without first obtain- ing the approval FROM THE DIVISION on every building, structure or utility when the same is complete and ready for occupancy. Sec. 5-61. Exposure of work. Whenever any electrical work is covered or concealed by additional work, or by furniture. fixtures, or merchandise, without first having been inspected as required. the Building Inspection Divi- sion may order, by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail expense to the City. Secs. 5.62-5-75. Reserved. ARTICLE III. TECHNICAL CODES Sec. 5-76. Building Code. (a) Adoption. The Uniform Building Code, ~1994 Edition, copyright ~1994, by the International Conference of Building Officials, 5360 WORKMAN MILL ROAD, WHITTIER, CALIFORNIA, 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the building con- 22 struction Code of the City of Wheat Ridge. Three (3) ONE (1) cop~ Y of said Uniform Building Code shall be filed in the office of the City Clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such Code is adopted in full, including the outline of contents, index and appendices contained therein. Appendices numbered Chapter 12, Divioion I, Chapter H16, Divioiono I, II, III; Chapter -2421; Chapter 830; Chapter ~19; Chapter -2-9-18; Chapter :3-5-12 and Chapter ~13 are not adopted. (b) General interpretations. The following general interpreta- tions are made in this Section: (1) Frost line shall be established as TWOthree (2) feet BELOW FINISH GROUND SURFACE. (2) Wind load shall be established as thirty (30) pounds per square foot of wind pressure. (3) Roof live load shall be established as thirty (30) pounds per square foot. (4) The City is hereby established as being within seismic zone one (1). (c) Amendments The UNIFORM 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 Uniform Building Code. Section 10'1(e)3404, Moved Buildings and Temporary Buildings, IS oho.ll be amended as follows: Renumber existing first paragraph as Subsection (1) and add the following Subsections: "(2) Complete plans and specifications shall be prepared on move-in houses or structures and submitted to the Chief Building inopector OFFICIAL with application for permit as required for new construction. "(3) Before acting on such application, the Chief Building inopectorOFFICIAL shall make or cause to be made an inspection of the structure to be moved. This inspection shall be known as the pre-permit inspection. " (4) A pre-permit inspection fee in the amount of t',Jenty five dollaro ($25.00) , SIXTY DOLLARS ($60.00) plus two-way mileage at t'.:enty t',:a cento (~0.22) THE CURRENT CITY MILEAGE REIMBURSEMENT RATE per estimated mile shall be paid to the City in advance. "(5) After the inspection, if the structure to be moved meets the regulations of the Building Code or can be 23 made to conform to the Code , the application for permit may then be accepted by the Chief Building inopector OFFICIAL. " (6) After the preinspection, the Chief Building inopectorOFFICIAL shall transmit to the applicant a letter, setting forth the respects, if any, in which the structure falls to meet the Code , and the corrections deemed necessary to bring the building into conformity with the Building Code . "(7) When the above requirements have been met, insofar as the plans and specifications, the preinspection, and the application for Building Permit, the Chief Building inopectorOFFICIAL may issue the Building Permit. The permit fee shall be the same as that required for new construction with no credit allowable for pre-permit inspection fee paid. "(8) After the Building Permit is issued, a Moving Permit may be issued by the department of community dC"Tlopment BUILDING INSPECTION DIVISION, SUBJECT TO APPROVAL OF THE CHIEF OF POLICE AND THE DIRECTOR OF PUBLIC WORKS. "(9) To insure compliance with all applicable Sections of the Building Code , all required inspections shall be made, and a certificate of occupancy issued, before occupancy is permitted, as is required for new construc- tion. " Section 202(0.)104.2.1, General, IS ohall be amended by deleting the existing paragraph and substituting in its place the follow- lng: "Sec. 202. (a) 104.2.1 General. The CHIEF Building Offi- cial is hereby authorized and directed to enforce all the provisions of this Code . For such purposes, the CHIEF Building Official, and his designee(s), shall have and possess, and shall be entitled to exercise, the powers of a law enforcement officer, which powers include, not by way of limitation, the authority to issue and serve summons or other legal process; to initiate, file, and prosecute complaints with the appropriate judicial bodies; and all other powers and authority necessary to enforce or to aid in enforcement of this Code ." Section J01(b)106.2, Exempted Work, IS AMENDED by deleting the following Subsections: "1. One-story detached accessory buildings, etc. "2. Fences not over 6 feet high. 24 "7. Platforms, walks and driveways not more inches above grade and not over any basement below AND LESS THAN 500 SQUARE FEET IN AREA." than 3 0 or story Section 304, Fees, shall be amended as follows: (1) Section 304(b), "Permit Fees," is deleted and substituted in its place is the following: "(b) Permit Fees. A fee for each Building Permit shall be paid to the City treasurer prior to the issuance of any such permit. The amount of oaid fee ohall be eotabliohed by ordino.nce, o.nd -s-Said fee may be collected by the City Treasurer or his designee, including the Chief Building OFFICIALinopector." (2) Section 304 (c), 304(d) and 304(e) and Section 305(g) ARE ohall be deleted in their entirety. Section 306(a), General, ohall be IS amended by adding "when re- quired by the CHIEF Building official" after the words "special inspector." Section -3-'7-8-5-3102.5.1, [Solid Fuel Burning Factory Fireplaces], shall be added to read as follows: "(d) Every new or remodeled solid fuel burning factory fireplace shall have permanently installed either: "(1) Approved gas logs; or "(2) Other approved gas or alcohol-specific appliances; or "(3) A phase III certified device as defined in Federal Regulations 40 CFR Part 60 Sub-partAAA, Section 41-728 or other solid-fuel-burning device meeting the most stringent emission standards for wood stoves established under state statute and/or regulations promulgated by the Colorado Air Quality Control Commission existing at the time of installation of the fireplace, as demonstrated by test by an Environmental Protection Agency accredited laboratory, and which is safety tested to Underwriter's Laboratory standards." Section 3707(a)3102.7, General, shall be added to read as follows: "Sec. 3707(a)3102.7.1 General. masonry fireplace shall have either: "(1) Approved gas logs; or Every new or permanently remodeled installed 25 "(2) Other approved gas or alcohol-specific appliances; or "(3 A phase III certified device as defined in Federal Regulations 40 CFR Part 60 Sub-partAAA, Section 41-728 or other solid-fuel-burning device meeting the most stringent emission standards for woodstoves established under state statute and/or regulations promulgated by the Colorado Air Quality Control Commission existing at the time of installation of the fireplace, as demonstrated by a test by an Environmental Protection Agency accredited laboratory, and which is safety tested to Underwriter's Laboratory standards. Section 7007, Cro.ding Feeo, ohall be amended aD follmJO. (1) Section 7007 (b), Plo.n Revic-.J FeeD, lO deleted in ito entirety. (2) Section 7007(c) io o.mended by deleting Table No. 70 D, and oubotituting in ito place the follm..ing. "50 cubic yo.rdo or leoo "51 to 100 cubic yo.rdo "101 to 1,000 cubic yardo.... ~10.00 C15.00 C15.00 for the firot 100 cubic yo.rdo, pluo ~5.00 for each additiono.l 100 cubic yo.rdo or fro.ction thereof. "1,001 to 10,000 cubic yo.rdo $CO.OO for the firot 1,000 cubic yardo, pluo ~'1.'15 for each additiono.l 1,000 cubic yo.rdo or fraction thereof. "10,000 cubic yardo o.nd over $100.00" (3) Throughout Chapter 70, Exco.vation and Cro.ding, ~henever the '.JOrdo "Building Official" arc uoed, Oo.id ',..ordo oho.ll be changed to reo.d "director of public ',..orJco. " Chapter 33 OF THE UNIFORM BUILDING CODE lS modified TO READ as follows: THE DIRECTOR OF PUBLIC WORKS MAY BE SUBSTITUTED FOR CHIEF BUILDING OFFICIAL AS APPROPRIATE THROUGHOUT THIS CHAPTER. ADD THE FOLLOWING PARAGRAPH TO SUBSECTION 3301.1: EACH APPLICATION FOR A SINGLE FAMILY BUILDING PERMIT 26 SHALL BE SUBMITTED WITH AN ACCOMPANYING OVERLOT GRADING PLAN. THE OVERLOT GRADING PLAN SHALL ADDRESS OVERLOT GRADING AND SHALL SHOW HOW EXISTING DRAINAGE PATTERNS WILL BE AFFECTED AND MAINTAINED BY PROPOSED CONSTRUCTION. THE FINE GRADING PLAN FOR SINGLE FAMILY HOMES MAY BE PREPARED BY THE PERMIT APPLICANT. UPON COMPLETION OF REVIEW AND APPROVAL OF THE OVERLOT GRADING PLAN, THE DIRECTOR OF PUBLIC WORKS MAY ISSUE A GRADING AND FILL PERMIT TO THE APPLICANT IF ALL THE REQUIREMENTS OF THE PUBLIC WORKS DEPARTMENT HAVE BEEN MET. UPON COMPLETION OF CONSTRUCTION ACTIVITY CONTAINED IN THE BUILDING PERMIT AND ASSOCIATED FILL AND GRADING PERMITS FOR A SINGLE FAMILY BUILDING PERMIT, THE APPLICANT SHALL CERTIFY TO THE CITY IN WRITING THAT THE WORK PERFORMED IS IN SUBSTANTIAL COMPLIANCE WITH THE INFORMATION CONTAINED IN THE OVERLOT GRADING PLAN. THIS CERTIFICATION MUST BE RECEIVED BY THE BUILDING INSPECTION DIVISION PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. THE GRADING AND FILL PERMIT DOES NOT ADDRESS OR INCLUDE EXCAVATIONS AND/OR FILL REQUIRED TO CONSTRUCT BUILDING FOUNDATIONS OR BASEMENTS. EACH APPLICATION FOR A MULTIFAMILY, INDUSTRIAL OR COMMERCIAL BUILDING PERMIT SHALL BE SUBMITTED WITH AN ACCOMPANYING DRAINAGE REPORT AND PLAN, SITE GRADING AND EROSION CONTROL PLAN. THESE DOCUMENTS MUST BE PREPARED BY A COLORADO REGISTERED PROFESSIONAL ENGINEER. UPON COMPLETION OF REVIEW AND APPROVAL OF THE DRAINAGE REPORT AND PLAN, THE SITE GRADING AND EROSION CONTROL PLANS, THE DIRECTOR OF PUBLIC WORKS MAY ISSUE A GRADING AND FILL PERMIT TO THE APPLICANT IF ALL THE REQUIREMENTS OF THE DEPARTMENT OF PUBLIC WORKS HAVE BEEN MET. THE BUILDING PERMIT AND GRADING AND FILL PERMIT FOR A SITE WILL BE SIMULTANEOUSLY ISSUED BY THE BUILDING INSPECTION DIVISION. UPON COMPLETION OF CONSTRUCTION ACTIVITY CONTAINED IN THE BUILDING PERMIT AND ASSOCIATED DRAINAGE REPORT AND PLAN THE SITE GRADING AND EROSION CONTROL PLAN FOR A MULTIFAMILY, COMMERCIAL OR INDUSTRIAL PERMIT, THE REGIS- TERED ENGINEER PREPARING THIS INFORMATION SHALL CERTIFY IN WRITING TO THE CITY THAT THE WORK PERFORMED ON THE SITE IS IN SUBSTANTIAL COMPLIANCE WITH THE INFORMATION CONTAINED IN THESE DOCUMENTS. THIS CERTIFICATION MUST BE RECEIVED BY THE BUILDING INSPECTION DIVISION PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY. THE GRADING AND FILL PERMIT DOES NOT ADDRESS OR INCLUDE EXCAVATIONS 27 AND/OR FILL REQUIRED TO CONSTRUCT BUILDING FOUNDATIONS OR BASEMENTS. AMEND SUBSECTION 3310.2 AS FOLLOWS: DELETE THE LAST SENTENCE READING "FOR EXCAVATION AND FILL ON THE SAME SITE, THE FEE SHALL BE BASED UPON THE VOLUME OF EXCAVATION OR FILL, WHICHEVER IS GREATER" AND REPLACE WITH THE FOLLOWING SENTENCE" FOR EXCAVATION AND FILL ON THE SAME SITE, THE FEE SHALL BE BASED UPON THE SUM TOTAL OF THE VOLUMES OF EXCAVATION AND FILL. " AMEND TABLE A-33A, GRADING PLAN REVIEW FEES AS FOLLOWS: SINGLE FAMILY HOME (OR) LESS THAN 100 CY $15.00 $15.00 NOTE: THE REMAINDER OF THE FEE STRUCTURE REMAINS UNCHANGED. AMEND TABLE A-33B, GRADING PERMIT FEES AS FOLLOWS: SINGLE FAMILY HOME (OR LESS THAN 50 CY $15.00 $15.00 NOTE: THE REMAINDER OF THE FEE STRUCTURE REMAINS UNCHANGED. -\-fr1- (D) Items of work for which a permit is required under this Chapter which are commenced before a permit is secured shall be assessed fees for permits in TRIPLEt~ice the amounts prescribed in the PERMIT'S FEE schedule. THIS PENALTY SHALL BE IN ADDITION TO THE INVESTIGATION FEE REFERENCED IN SECTION 107.5.1 OF THE UNIFORM BUILDING CODE. Sec. 5-77 National Electrical Code. (a) Adopted. The National Electrical Code, 1993 Edition, copy- right by the National Fire Protection Association, BATTERYMARCH PARK, QUINCY, MASSACHUSETTS, 02269, is hereby adopted by refer- ence thereto and incorporated into this Chapter as though fully set out herein as the electrical Code of the City. Except as otherwise provided in this Chapter, such Code is adopted in full, including the index and appendix contained therein. Three (3) ONE (1) cop~ Y of said National Electrical Code shall be filed in the Office of the City clerk and may be inspected during regular business hours. (b) Amendments. The National Electrical Code , 1993 Edition, adopted by this Section is hereby amended as follows (Section numbers refer to Section numbers of the National Electrical Code) : 28 Section 310-2(b) is amended by adding a new sentence TO ~hich reads: "Aluminum conductors under size 8 are not allowed." Section 336 4, "Uses Not Permitted," oho.ll be IS amended by the addition of the following paragraph (c): "(c) These types shall not be used in any group A, B, E, F, H, I, R3, S OR U occupancy (as defined in the Uniform Building Code, 19911994 Edition, Chapter 5, Table S~.)" (c) Purpose. The purpose of this Section is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings, structures and utilities and certain equipment specifically regulated herein. (d) Electrical permit fees. Electrical permit fees as governed by the state electrical board shall be as follows: All fees, except for inspection in mobile homes and travel parks, shall be computed on the dollar value of the electrical installation, including time and material (total cost to the customer) and such fees shall be computed ao follmJO. BASED UPON THE ELECTRICAL FEE STRUCTURE PUBLISHED BY THE STATE OF COLORADO AT TIME OF OBTAINING THE PERMIT. not more than ~300.00................. .$25.00 rqoretho.n~300.00 but not ~2,000.00........... .C'1S.00 !l\ 0 r e t h a n ~2,001.00 to $25,000.00 .................. .$45.00 for firot ~2,000.00 pluo $12.00 for each ad ditiono.l $1,000.00 or fro.ction thereof to and including ~25,000.00. ~25,001.00 to C50, 000.00 ................... $321. 00 pluo $10.00 fur- eo.ch additional C1, 000.00 or fro.c tion thereof to o.nd including ~50,000.00. ~50,001.00 to ~100,000.00 ................ .$571.00 pluo ~9.00 for eo.ch o.dditional ~1,000.00 or 29 fraction $100,000.00. $10, 001. 00 to C 5 0 ................ .C1,021.00 oo.ch thereof to and including fro.ction $500,000.00. o , 0 pluo ~8.00 o.dditiono.l thereof to o 0 0 0 for $1,000.00 or and including $500,001.00 to Cl,OOO,OOO.OO............... .$4,221.00 pluo ~C.OO fur- fro.ction ~1,000,000.00. each o.dditional thereof to C1,000.00 or o.nd including ~1,000,000.00 up ........... .$7,221.00 for the firot C1,000,000.00 pluo ~4.00 for each o.dditional ~1,000.00 or fro.ction thereof. Mobile homeo, travel Po.~CO, per opace $25.00 Reinopectiono of all of the o.bove... $25,00 -\-fr1-(E) Items of work for which a permit is required under this Chapter which are commenced before a permit is secured shall be assessed fees for permits in TRIPLEt~ice the amounts prescribed in the PERMIT'S FEE schedule. THIS PENALTY SHALL BE IN ADDITION TO THE INVESTIGATION FEE REFERENCED IN SECTION 107.5.1 OF THE UNIFORM BUILDING CODE. Sec. 5-78. Mechanical Code. (a) Adoption. The "Uniform Mechanical Code," ~1994 edition, copyright ~1994, by the International Conference of Building Officialo, INTERNATIONAL CONFERENCE OF PLUMBING AND MECHANICAL OFFICIALS, 20001 WALNUT DRIVE SOUTH, WALNUT, CALIFORNIA, 91789-2825, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Mechanical Code of the City of Wheat Ridge. Three (3) ONE (1) copY ~ of said Uniform Mechanical Code shall be filed in the Office of the City Clerk and may be inspected during regular business hours. Except as otherwise provided hereafter, such Code is adopted in full, including the outline of contents and index contained herein. (b) Amendments. The publication adopted in Subsection (a) lS amended as follows. Section numbers referred to herein refer to and correspond with the Section numbers of the Uniform Mechanical Code. 30 Section 304(b)11.5.0, Permit Fees, is hereby deleted and substi- tuted in its place is the following: "(b) Permit fees. Any person, corporation or other entity desiring a permit required by this Code shall, at the time of filing an application therefore, pay a fee to the City Treasurer. The amount of said fee shall be as established by ordino.nce BY UNIFORM BUILDING CODE SECTION 107 IN ITS ENTIRETY. " Section 30'1 (c), (d), entirety. Section 30C(b)117.2, Temporary Connections, by adding the following provisions to the 306 (b) . (c) o.nd To.ble 3 ~ oho.ll be deleted in their IS oho.ll be amended existing Section: "In case of illness or similar emergency or at times when the CHIEF Building Official's Office is closed, equipment may be connected by the utility company and the CHIEF Building Official is to be notified at the beginning of his next regular work day; provided, that this authority is granted only to regulated public utilities and that such regulated public utility shall notify the customer that this connection is authorized for only a seventy-two hour period and is subj ect to approval of the CHIEF Building Official within such period." Section -5-8-&308, Location, lS amended by the addition of the following provisions: "Fuel gas-fired appliances shall not be installed in bathrooms, closets or recesses used for wearing apparel or cleaning equipment." -\-fr1-(C) Items of work for which a permit is required under this Chapter which are commenced before a permit is secured shall be assessed fees for permits in TRIPLEt~ice the amounts prescribed in the PERMIT'S FEE schedule. THIS PENALTY SHALL BE IN ADDITION TO THE INVESTIGATION FEE REFERENCED IN SECTION 107.5.1 OF THE UNIFORM BUILDING CODE. Sec. 5-79 Plumbing Code. (a) Adopted. The Uniform Plumbing Code, ~1994 Edition, by the International Association of Plumbing and Mechanical Officials, 20001 WALNUT DRIVE SOUTH, WALNUT, CALIFORNIA 91789-2825, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Uniform Plumbing Code of the City OF WHEAT RIDGE. Three (3) ONE (1) copY ~ of said Uniform Plumbing Code shall be filed in the Office of the City Clerk and may be inspected during regular business hours. Except as other- wise provided hereafter, such Code is adopted in full, including 31 the outline of contents and index contained herein. (b) Amendments. The Plumbing Code adopted by this Section is hereby amended as follows (Section numbers referred to herein refer to and correspond with the Section numbers of the Uniform Plumbing Code) : Section -3-tJ-;-4103. 4, Permit Fees. Delete the entire Section o.nd in ita place the follm:ing oentenceo ohall be added. AND REPLACE WITH THE FOLLOWING: "Any person desiring a permit shall, at the time of filing an pay a fee to the City treasurer. established by Ordino.nce. BY SECTION 107 IN ITS ENTIRETY." required by this Code application therefore, Permit fees shall be as UNIFORM BUILDING CODE Delete Table No. 3-A 1-1, Plumbing Permit Fees. Section ~103.9, Board of Appeals. This Section shall be added and will read as follows: "In order to determine the suitability of alternate materials and methods of installation, and provide reasonable interpretation of the provisions of this Code, the Building Code Advisory Committee previously established by Chapter 2 of the Code of Laws of the City shall have authority to hear and decide those matters delegated to it, and all matters requiring use of a board of appeals by this Plumbing Code." -\-fr1-(C) Items of work for which a permit is required under this Chapter which are commenced before a permit is secured shall be assessed fees for permits in TRIPLEtwice the amounts prescribed in the PERMIT'S FEE schedule. THIS PENALTY SHALL BE IN ADDITION TO THE INVESTIGATION FEE REFERENCED IN SECTION 107.5.1 OF THE UNIFORM BUILDING CODE Sec. 5-80. Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings, ~1994 Edition, copyright ~1994, by the International Con- ference of Building Officials, 5360 WORKMAN MILL ROAD, WHITTIER, CALIFORNIA 90601-2298, is hereby adopted by reference and incor- porated into this Article as though fully set forth herein as the Code of the City of Wheat Ridge for the abatement of dangerous buildings. Three (J) ONE (1) cop~Y of said Uniform Code for the Abatement of Dangerous Buildings shall be filed in the Office of the City Clerk and may be inspected during regular business hours. Such Code is hereby adopted in full. -\-fr1-(A) Items of work for which a permit lS required under this 32 Chapter which are commenced before a permit is secured shall be assessed fees for permits in TRIPLEt',:lce the amounts prescribed in the PERMIT'S FEE schedule. THIS PENALTY SHALL BE IN ADDITION TO THE INVESTIGATION FEE REFERENCED IN SECTION 107.5.1 OF THE UNIFORM BUILDING CODE. Sec. 5-81. Sign and wrecking permit fees. Sign fees shall be fifteen dollars ($15.00) per sign (single or double face). Wrecking permit fees shall be ten dollars ($10.00) per address. Sec. 5 82. Reinopection. Permit feeo provide for cuotomo.ry inopectiono only. When addi tional inopectiono ilre milde neceooilry by incomplete or fo.ulty ',JQrk or beco.uoe of incorrect ilddreoo gi '"Tn or TIlE building IS locked, no fee oho.ll be cho.rged for the firot reinopection. IlO".:c;er, il fee of ten dollars ($10.00) IN l\CCORDN.CE WITIl CECTION 3 OF TIlE UNIFORMED BUILDING CODE shall P'llW be cho.rged for eo.ch o.dditional reinopection. Thio fee oho.ll be Po.id by the holder of the permit to the Building Inopection Divioion before o.nother inopection co.n be co.lled for. Secs. 5-83-5-100. Reserved, ARTICLE IV. CONTRACTORS DIVISION 1. GENERALLY Sec. 5-101. Definition, In this Article "Contractor" shall mean any person who undertakes to perform any of the operations controlled by this Article for any compensation whatsoever, excepting that a person performing for wages under and for another person appropriately licensed shall not be considered as a contractor. An owner performing on his own property shall be considered as a contractor if the performance affects the structural sufficiency of a habitable structure unless he is working under and for another person appropriately licensed. Sec, 5-102. Application of Article, Except as otherwise expressly provided, this Cho.Pter ARTICLE shall not be construed to require the duplication or reissuance of any license within the same calendar year, the duplication of any examination nor the duplication of any payment of any license fee for a particular grade of license within the same calendar year. All persons in the building and construction industries presently licensed under former codes and ordinances shall be deemed to be appropriately licensed hereunder. Any such licensee under a 33 former code or ordinance who fails to reapply for a license at the conclusion of the annual expiration date shall surrender his license and the same shall be deemed to be null and void. Sec. 5-103. Responsibility of licensees. All licensees under this Article shall be responsible for work requiring a permit under the provisions of this Chapter without limitation to the items as herein listed: (1) To provide minimum safety measures and equipment to protect workmen and the public in general as prescribed by this Chapter. (2) To observe any other City Ordinance(S) or state OR FEDERAL statute prescribing measures for the safety of workmen and of the public. (3) To present his license card when requested by the Chief Building inopectorOFFICIAL or his authorized representative. (4) To obtain a permit when the same is required. (5) To construct faithfully, without substantial depar- ture from or disregard of, drawings and specifications, when such drawings and specifications have been filed and approved by the BUILDING INSPECTION DIVISION department and permit issued for same, unless such changes are approved by the departmentDIVISION. (6) To complete all work authorized on the permit issued under the authority of this Chapter unless good cause is proved. (7) To obtain inspection services when the same are required by this Chapter. (8) To pay any fee assessed under authority of this Chapter. (9) To obey any order issued under authority of this Chapter. (10) To provide honest and factual information on all applications for permits. Secs. 5-104-5-114. Reserved. DIVISION 2. LICENSE Sec. 5-115. Required. 34 Any contractor, with the exception of electrical contractors and public utility companies listed as exceptions in Section 5-116, performing in a business involving the construction, alteration, remodeling, repairing and equipping of buildings or other struc- tures or performing in the installation of underground utilities and construction of roads and streets in the City on all water, sewer and storm drainage facilities shall be licensed as a con- tractor as required in this Article. Sec. 5-116. Exception. (a) Public utility companies will not be required to obtain licenses for the firm or corporation nor for their employees when engaged in the installation, operation and maintenance of equip- ment which will be used for the production, generation or distri- bution of the utility, product or service from the source of the utility, product or service through the facilities owned or operated by such utility company to the point of the customer service ONLY TO THE EXTENT THE WORK IS LOCATED OUTSIDE THE PUBLIC WAY. PUBLIC UTILITY COMPANIES WILL BE REQUIRED TO OBTAIN A MUNIC- IPAL CONTRACTOR'S LICENSE TO PERFORM WORK ON THEIR FACILITIES LOCATED WITHIN THE PUBLIC WAY. (b) Inasmuch as electrical licensing and the examination of persons performing electrical work is a matter of statewide concern, no examination, certification or licensing of electrical contractors or any examination, certification, licensing or reg- istration of master electricians, journeyman electricians or residential wiremen, apprentices or trainees who are licensed or certified under C.R.S Tit. 12, Art. 23 PARAGRAPH 12-23-10.2, et seq., as amended, shall be required by the City. However, any electrical contractor, excepted from licensing requirements by this Article, shall be required, as a condition of performing services within the City, to register annually with the DEPARTMENT OF Planning and Development , Building Inspection Division of the City. No fee shall be charged for such registration. Sec. 5-117. Classification. (a) The various classes of licenses issued under this Article and the work authorized to be performed by the holder of the license are as follows: (1) Building contractor-Class I. A Building Contractor, Class I, shall be authorized to do the following: unlimited building, altering, adding to the structural portions of any building, structure or portion thereof of any type, including all concrete, structural steel and iron, and the demolition of all or any part of a building or structure on a site on which he will build new construction, remodel, alter or repair an existing building or structure. 35 (2) Same-Class II A Building Contractor, Class II, shall be authorized to do the following: work listed under the appropriate number involving anyone (1) of the following skills: a. Lathing, plastering and drywall. Installation of all lathing, plastering and drywall. b. Roof covering and waterproofing. Installation of new roof and reroof coverings, including the installation of valleys, flashings, waterproofing, downspouts and gutters. c. Masonry. Laying and forming masonry. d. Sandblasting and cleaning. Sandblasting and cleaning of the exterior of buildings or struc- tures. e. Excavation, concrete, foundations and caissons. All types of excavating work, installation of concrete except that portion on City property, installation of foundations and caissons. f. Moving. Moving of any and all types of build- ings or structures. The requirement for license applies to any person so performing in the City on public rights-of-way regardless of points of begin- ning and destination of the performance. g. Painting and decorating. Planting ing of all buildings or structures, interior and exterior. and decorat- both on the h. Swimming pools. Installation of swimming pools, but shall not include the installation of utili- ties. l. Structural metals. The erection or fabrication of metals only for all types of buildings, struc- tures or utilities excluding the complete construc- tion for Type IV buildings. J. Elevator installation and service. tion, fabrication, installation and elevators, dumbwaiters, escalators conveyances. The erec- service of and similar k. Carpentry. The subcontracting and performing the work of framing, finish carpentry or cabinet construction and in- stallation. 36 (3) Same-Class III A Building Contractor, Class III, shall be authorized to do the following: perform the work involving any or all of the following skills: a. Acoustical insulation. b. Exterior sheet metal. c Fences. d. Glass and glazing. e. Miscellaneous metal. f. Patio, carport, light construction, remodel and repair. g. Pipe and dust installation. h. Scaffold erectors. i. Siding. J. Temperature insulation. k. Tile and marble. (4) Same-Class IV A Building Contractors, Class IV, license shall be issued to an individual who desires to perform work involving construction of, or major struc- tural alterations to, a structure of Type R-3 occupancy, owned and resided in by that individual. (5) Wrecking Contractor-Class V. A Wrecking Contractor shall be authorized to do the following: demolishing or wrecking any building or structure or portion thereof. (6) Plumbing Contractor-Class VI. A Plumbing Contractor shall be authorized to do the following: installation of all sanitary plumbing and potable water supply piping and appliances connected thereto, and including gas piping and the complete installation of water heaters, the installation of piping for transmission of chemicals and gases; the installation of gas ranges, domestic gas incinerators, gas dryers and gas refrigerators. (7) Steam and Hot Water Contractor-Class VII. A Steam and Hot Water Contractor shall be authorized to do the following: installation of steam and hot water heating system, process and industrial piping and related appur- tenances which shall include the piping used for the transmission of chemicals and gases, the installation of burners, piping and controls utilizing gas, liquid and solid fuel, complete installation of water heaters, pipe insulation and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. (8) Heating and Ventilating Contractor-Class VIII. A Heating and Ventilating Contractor shall be authorized to do the following: installation of warm air heating, all ductwork, ventilation and evaporative cooling; the 37 installation of gas plplng, burners, venting and con- trols; and exterior sheet metal; duct isolation and low voltage wiring which does not exceed forty-eight (48) volts and when such wiring is not enclosed in a conduit or raceway. Install up to and including ten (10) tons of refrigeration when such is utilized for comfort cooling. Such systems shall be completely selfcontained. This shall not include systems with precharged lines or separate air-cooled condenser or chilled water systems. (9) Gas Service Contractor- Class Contractor shall be authorized to installation of gas and liquid fuel IX. A Gas Service do the following: systems as follows: a. Gas and liquid fuel piping. b. Gas ranges. c. Gas dryers. d Gas refrigerators. e. Gas incinerators. f. Conversion burners. g. Venting. h. Water heaters (one hundred (100) gallons or less storage capacity) . i. Low voltage wiring which does not exceed forty- eight (48) volts and when such wiring is not en closed in a conduit or raceway. (10) Refrigeration Contractor-Class X. A Refrigeration Contractor shall be authorized to do the following: installation of refrigeration systems and appurtenant cooling towers; pipe insulation; and low voltage wiring which does not exceed forty eight (48) volts and when such wiring is not enclosed in conduit or raceway; excluding window-type air conditioners. (11) Sign Contractor-Class XI. A Sign Contractor shall be authorized to do the following: fabricating, install- ing and erecting or maintaining all types of signs. For the purpose of this Section, marquees shall not be classified as a sign. (12) Fire Protection Contractor-Class XII. Protection contractor shall be authorized to following: installation of the following: A Fire do the a. Automatic fire sprinkler systems of all types. b. Carbon dioxide systems. c. Standpipe systems and appurtenances. (13) Lawn Sprinkler Contractor-Class XIII. A Lawn 38 Sprinkler Contractor shall be authorized to do the following: installation of underground lawn sprinkler systems, exclusive of tapping the existing water service or main, which work shall be performed by a licensed plumber. (14) Electrical Signal Contractor-Class XIV. An Elec- trical Signal Contractor shall be authorized to do the following: installation of fire detection, fire alarm, burglar alarm, pneumatic control and all signaling or control systems where the electrical voltage does not exceed forty-eight (48) volts. Exception: Authorized and franchised public utility companies. (15) Municipal Contractor-Class A. A license to do work as a Municipal Contractor, Class A, shall be required for the installation of the following on public right of ',..o.y IN THE PUBLIC WAY: a. Water mains. b. Sewer mains. c. Water and sewer service lines. d. Storm drains. E. RELATED STRUCTURES (16) Same-Class B. A license to do work as a Municipal Contractor, Class B, shall be required for street, ALLEY AND OTHER ROADWAY RELATED construction IN THE PUBLIC WAY INCLUSIVE OF: alleyo and othcr righto of ',..ay incluohTc &f.7- a. Excavation, grading, leveling OF SUBGRADE. b. Compaction, rolling, graveling, asphalting, Po.cing PAVING, curbing and draining. c. Construction of curb, gutter, sidewalks, medi- ans and other concrete structures or installations. D. CONSTRUCTION OF TRAFFIC SIGNAL INSTALLATIONS. (17) Same-Class C. A license to do work as a Municipal Contractor, Class C, shall be issued for, and limited to, the installation of water and sewer service lines including excavation, pipe placement, backfilling and other operations as necessary IN THE PUBLIC WAY. (18) Same-License limitations. The city engineerDIRECTOR OF PUBLIC WORKS shall review applications for Municipal Contractors' Licenses and shall indicate those categories which the applicant has shown he is qualified to perform. UPON COMPLETION OF REVIEW, The DIRECTOR OF PUBLIC WORKSchief building inopector shall then cause to be issued a license limited as indicated. (b) Holders of certain of the licenses may perform as if 39 licensed for certain of the other functions In accordance with the following schedule: Licensed as May perform as Class I Classes II, III, Class III Classes IV, V Class VI VII, IX, XIII Class VII Classes IX, X Class XIII Class XIV Class A Class C IV, V Classes Sec. 5-118 Application forms, fees and procedure. Applications for contractors' licenses shall be on such forms as the DIRECTOR OF PUBLIC WORKS OR DIRECTOR OF COMMUNITY DEVELOPMENT mo.yor may require, and each application shall be accompanied by a fee equal to the license fee applicable to the type of license applied for. A final review and appropriate action shall be taken on such license applications and the applicant shall be notified accordingly. Nonissuance of licenses shall NOT entitle applicant to a refund of the fee. Sec. 5-119. Building Inspection Division to determine qualifica- tions of applicants FOR CLASS I THROUGH CLASS XIV LICENSES. THE DEPARTMENT OF PUBLIC WORKS TO DETERMINE LICENSE QUALIFICATIONS FOR CLASS A THROUGH CLASS C LICENSES. There is hereby vested in the Building Inspection Division AND THE DEPARTMENT OF PUBLIC WORKS, pursuant to law, the duty of determining the qualifications of applicants for the certain licenses established by this Chapter. Sec. 5-120. Examining procedures for issuance. The Chief Building inopectorOFFICIAL shall establish such reason- able examining procedures for issuance of CLASS I THROUGH CLASS XIV licenses as shall, from time to time, become necessary. These examining procedures, if used, shall be implemented so as to assure the City that the applicant does indeed have the knowledge and capability to perform work in accordance with the provisions of this Code, and shall not deny a license to any person capable and willing to perform in such fashion. Sec. 5-121. Fees. The annual license fees for Contractors' provisions of this Article shall be paid in following table: Licenses under the accordance with the (1) Building contractor, Class 1-$125.00 40 (2) Building contractor, Class 11-75.00 (3) Building contractor, Class 111-75.00 (4) Building contractor, Class W-75.00 (5) Wrecking contractor, Class V-75.00 (6) Plumbing contractor, Class VI- 75.00 (7) Steam and hot water contractor, Class VII-75.00 (8) Heating and ventilating contractor, Class VIII-75.00 (9) Gas service contractor, Class IX-75.00 (10) Refrigeration contractor, Class X-75.00 (11) Sign contractor, Class XI-75.00 (12) Fire protection contractor, Class XII-75.00 (13) Lawn sprinkler contractor, Class XIII-75.00 (14) Electrical signal contractor, Class XIV-75.00 (15) Municipal contractor, Class A-125.00 (16) Municipal contractor, Class B-125.00 (17) Municipal contractor, Class C-75.00 LICENSE FEES ARE DUE WITH THE LICENSE APPLICATION AND ARE NON REFUNDABLE. Sec. 5-122. Nontransferrable. Licenses issued pursuant to this ARTICLE divioion are not transferable. Sec. 5-123. Validity. A change in name, business designation or personnel of a licensee under the provisions of this ARTICLEdivioion shall have the legal effect of transferring the license and of causing the licensee to operate without a license. Therefore, all such changes shall be reported by the licensee to the di~ioion TO THE ISSUER within thirty (30) days after making such change, in order to follow continued use and validation of the license. (1) Incorporation or change in incorporation creating a 41 new legal entity which requires a license even though one (1) or more stockholders or directors have a license shall void the license. (2) The organization of a partnership or the change in a partnership creating a new legal entity requires a new license, even though one (1) or more of the partners are licensed shall void the license. (3) The dissolution of a corporation or partnership which has been licensed terminates the license and no individual or firm may operate under such license. (4) In the case where it is desired to change the name of a presently licensed firm, partnership or corporation where there is no change in ownership, a new license shall be issued under the new name, without charge, upon surrender of the license originally issued. Sec. 5-124. Suspension or revocation. (a) Authority. The mayor DIRECTOR OF PLANNING AND DEVELOPMENT may upon recommendo.tion of the chief building inopector suspend or revoke a CLASS I THROUGH CLASS XIV LICENSES. THE DIRECTOR OF PUBLIC WORKS MAY SUSPEND OR REVOKE CLASS A THROUGH C LICENSES. LICENSE SUSPENSION OR REVOCATION MAY OCCUR when the licensee commits one (1) or more of the following acts or omissions: (1) Fo.ilure FAILING to comply with any of the licensee responsibilities as outlined in Section 5-103. (2) Knowingly combining or conspiring with a person by permitting one's license to be used by such person, firm or corporation. (3) By Aacting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade the provisions of Section 5-103. (4) ViolatiEfflNG e-E- any OF THE provisions of Section 5-103. (b) Procedure. w When any of the acts or omlSSlons as herein enumerated are committed by a license holder and the DIRECTOR OF PUBLIC WORKS OR THE DIRECTOR OF COMMUNITY DEVELOPMENT, AS APPLI- CABLE, mo.yor deems that such license shall be suspended or re- voked, the procedure shall be as follows: (1) The licensee shall be notified, certified mail or by personal service, at days prior to suspension or revocation. in writing, least seven by (7) (2) Upon receipt of the notice, the licenoec mo.y requeot 42 0. heo.ring Such requeot ohall be In ffio.yor'S OFFICE ~ithin oe~en (7) do.yo notice. \:riting to the of receipt of (2) APPEALS OF A LICENSE SUSPENSION OR TERMINATION SHALL BE MADE TO THE BUILDING CODE ADVISORY BOARD. APPEALS TO A LICENSE REVOCATION MUST BE MADE IN WRITING WITH SEVEN (7) WORKING DAYS OF RECEIPT OF NOTICE AND MUST BE MADE IN ACCORDANCE WITH SECTION 2-61 OF THE CITY CODE OF LAWS. (3) If a hearing is requested by the licensee, the pqilyor THE CHIEF BUILDING OFFICIAL SHALL SET THE HEARING DATE oho.ll oct 0. time, dilte ilnd plilce \'IITIlIN 14 D."..'.'C OF RECEIPT OF REQUEST and 00 notify the licenoee. FOR THE NEXT REGULARLY SCHEDULED MEETING OF THE BUILDING CODE ADVISORY BOARD WITHIN 14 DAYS OF RECEIPT OF THE PROTEST AND SHALL SO NOTIFY THE LICENSEE. (4) When a hearing is conducted, the licensee and other interested parties may be in attendance. Upon completion of the hearing, the BUILDING CODE ADVISORY BOARD H.J.yor shall take all evidence admitted under advisement and shall notify the licensee of THEIR fH:-s- findings and rulingS EITHER DURING THE MEETING OR in writing by certified mail. (c) Emergency suspension. If the milyor DIRECTOR OF PUBLIC WORKS OR THE DIRECTOR OF PLANNING AND DEVELOPMENT find-e that cause does exist for suspension or revocation of a license, he may enter an order for immediate suspension of such license, pending further investigation. The licensee may, upon notice of such suspension, request an immediate hearing before the Mayor and the hearing shall be conducted in the manner prescribed by other UNDER (B) ABOVE Sectiono of thio Chilpter. (d) Delegiltion of o.uthority. In the e~ent of a heilring, the Hilyor mo.y o.ppoint il qualified employee of the divioion to oit in hiD oteild ilO the heilring commiooioner to conduct Oo.id hearing. Finill decioion ohilll be rendered IN WRITING by the pqo.yor. Sec. 5.125. Bond and insurance required. (a) Bond. Before any license shall be issued under the provisions of this ARTICLE divioion for any Municipal Contractor, class A, B or C, a good and sufficient bond shall be posted with the City in the principal amount of ~ FIVE thousand dollars ($~5,000.00). Such bond shall provide protection to the City against the contractor's use of inferior materials and performance, including damages incurring as a result of willful disregard of Code and City regulation requirements. Such bonds shall be effective for a 43 period of one (1) TWO (2) yearS after completion of work performed under the license, and shall be on a form prescribed OR APPROVED by the City. (b) Insurance. A certificate of insurance from an insurance company licensed to do business in the State, shall be filed with the City prior to issuance of any class A, class B or class C Municipal Contractor's License. The limits of such coverage shall include statutory workmen's compensation and public liability insurance in the amount of four hundred thousand dollars ($400,000.00) property damage, one hundred fifty thousand dollars ($150,000.00) for each person and four hundred thousand dollars ($400,000.00) for each accident. Any motor vehicle operated by or for the contractor shall be covered by insurance in like amount. Section 2: Severabilitv. If any clause, sentence, paragraph, or part of this ordinance or the or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgement shall not affect application to other persons or circumstances. Section 3: Safetv Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge and under the laws of the State of Colorado, 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 the public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative effort sought to be attained. Section 4: This ordinance shall take effect within 15 days after final publication. INTRODUCED, READ AND ADOPTED on first reading by a vote of ~ to ~ on this 13th day of May , 1996, ordered published in full in a newspaper of general circulatlon in the City of Wheat Ridge and Public Hearing and consideration for final passage set for June 10 , 1996, at 7: 30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 44 READ, reading by July ADOPTED AND a vote of , 1996 ORDERED PUBLISHED on second and final 8 to 0 this 29th day of SIGNED by the Mayor on this 1996 . 30th day of July ~A/~ DAN WILDE, MAYOR ATTEST: ~/~t~ WANDA SANG, 1st Publication: May 17, 1996 2nd Publication: August 2, 1996 Wheat Ridge Transcript Effective Date: August 17, 1996 45