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Home My WebLink AboutOrdinance-2006-1360 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No 10-2006 Ordinance No 1360 SERIES 2006 TITLE. AN ORDINANCE ADOPTING AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, AS PREVIOUSLY ADOPTED BY REFERENCE, THE INTERNATIONAL RESIDENTIAL CODE, AS PREVIOUSLY ADOPTED BY REFERENCE AND SECTION 26-107 (A)(3) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE EXPIRATION OF BUILDING PERMITS WHEREAS, pursuant to its home rule authority and C RS S 31-15-601, the City of Wheat Ridge (the "City") possesses the authority to adopt regulations concerning the construction of homes and other structures within the City; and WHEREAS, pursuant to C RS S 31-16-201, et seq, the City possesses the authority to adopt codes promulgated by other agencies by reference, and WHEREAS, in accordance with the above, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") previously acted to adopt the 2003 International Building Code ("IBC") and the 2003 International Residential Code ("IRC") by reference, and WHEREAS, the Council also adopted certain amendments to the IBC, codified as Section 5-76(b) of the Wheat Ridge Code of Laws ("Code"), and amendments to the IRC, codified as Code Section 5-85(b), and WHEREAS, both the IRC and IBC currently provide that any permits issued thereunder remain valid as long as any amount of work is performed once every one hundred and eighty (180) days, and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued, and WHEREAS, the Council therefore desires to amend said provisions to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension, and WHEREAS, pursuant to C RS Title 31, Article 23, the City is explicitly granted the power to promulgate rules related to the planning and zoning of the City; and WHEREAS, in accordance with this Article, the City has previously adopted Code Section 26-107 (A)(3), and WHEREAS, said Section currently provides that any permits issued under Code Chapter 26 remain valid as long as any amount of work is performed once every sixty (60) days, and WHEREAS, the Council finds and determines that such provisions create the potential for unreasonable delay in the completion of projects for which building permits have been issued, and WHEREAS, in the interest of consistency among Chapter 26, the IBC and the IRC, the Council therefore desires to amend said Section 26-107 (A)(3) to provide that permits shall expire one hundred and eighty (180) days after issuance unless the City building official grants the permitee an extension, and WHEREAS, the Council finds that the amendments adopted by this ordinance are necessary to prevent unreasonable delay in building projects in the City in the interests of the public health, safety and welfare, while providing an avenue for extensions of time for those projects that reasonably cannot be completed in one hundred and eighty (180) days. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Subsection 5-76(b) of the Code, adopting certain amendments to the 2003 International Building Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows Section 105.5. Change to read as follows 105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each The extension shall be requested in writing and justifiable cause demonstrated The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner Any denial of an extension may be appealed to the Director of Community Development. Section 2. Subsection 5-85(b) of the Code, adopting certain amendments to the 2003 International Residential Code, is hereby amended by the addition of a new amendment, to be inserted in numerical order, to read in its entirety as follows Section R105.5. Change to read as follows R105.5 Expiration. Except as otherwise provided herein, every permit issued shall expire one hundred and eighty (180) days after issuance The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than one hundred and eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner Any denial of an extension may be appealed to the Director of Community Development. 2 Section 3. Subsection 26-107 (A)(3) of the Code is hereby amended to read in its entirety as follows. (3) Except as otherwise provided herein, every building permit issued shall expire one hundred and eighty (180) days after issuance. The building official is authorized to grant. in writing. one or more extensions of time, for periods of not more than one hundred and eighty (180) days each The extension shall be requested in writing and justifiable cause demonstrated The extension shall be granted if it is demonstrated that the extension will assist or expedite the completion in a timely manner Any denial of an extension may be appealed to the Director of Community Development. Section 4. Safety Clause. The Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the City, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 5. Severability; Conflictinq Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5 11 of the City's Charter INTRODUCED, READ AND ADOPTED on the first reading by a vote of ~ to ~ on this 22nd day of May , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 12 , 2006, at 7'00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of -8- to .--0..-, this .l2..t:.lfJay of Tl1np ,2006 SIGNED by the Mayor on this lfuJPay of Tune, 2006 ~~EST " ) '~~( ~~ 'J ud:: LtJ...1 . Pamela An rsor, , City Clerk - 3 First Publication Second Publication Wheat Ridge Transcript: Effective Date May 25, 2Q09 Tllnp ??} ?nOh Tuly 7, 2006 4