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
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(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
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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
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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.
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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