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HomeMy WebLinkAboutLETTERS 900 Moraine Ave, repairs to Code needed 1998-06-01TOWNOF ESTES PARK ,;;"f J''' _ ' ;i�R .,�� � r0 ..;fi%j y � • • ==-. 'C" i1.4'1 . �--. `• • \.. \.i J. �•..�4,!r .� 'ilk ^f.eL^ .L a•. .yy yrt^M1'-'t"� t, : ` I: a4:•' June 1, 1998 f,-.., • ,.. 0--, -\ Mr. Thomas Beck 500 Venner Ranch Road Estes Park, CO 80517-7714 RE: Other Side Restaurant Dear Mr. Beck: An automatic sprinkler system shall be installed in rooms used by occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds 5,000 square feet. The Other Side Restaurant is not a dangerous building: 33 per cent or more damage or deterioration of its supporting members, or 50 per cent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings has not occurred. An automatic sprinkler system was not required at the time the original restaurant was built and not enough damage has occurred to force the restaurant to be brought up to code. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, TOWN OF ESTES PARK Community Development Department John R. Allman Building Official Enclosures (970) 586'•"533I • P.O. BOX 1200 • 170 MAC GREGOR AVENUE • ESTES PARK, CO 80517 • FAX (970) 586-0249 301-302 1994 ABATEMENT OF DANGEROUS BUILDINGS Chapter 3 DEFINITIONS SECTION 301 — GENERAL For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Un- abridged, copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the pro- visions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. SECTION 302 — DANGEROUS BUILDING For the purpose of this code, any building or structure which has any or all of the conditions or de- fects hereinafter described shall be deemed to be a dangerous building, provided that such condi- tions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become de- tached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is re- quired in the case of similar new construction. 4 1994 ABATEMENT OF DANGEROUS BUILDINGS 302 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deteri- oration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly un- safe for the purpose for which it is being used. 10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deteriora- tion of its nonsupporting members, enclosing or outside walls or coverings. 12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 per- cent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire - resisting qualities or characteristics, or (iii) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inad- equate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsan- itary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsolescence, dilapidated condition, deteri- oration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wir- ing, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. 18. Whenever any portion of a building or structure remains on a site after the demolition or de- struction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. 1994 UNIFORM BUILDING CODE 3401-3403.2 Chapter 34 EXISTING STRUCTURES SECTION 3401 — GENERAL Buildings in existence at the time of the adoption of this code may have their existing use or occu- pancy continued, if such use or occupancy was legal at the time of the adoption of this code, pro- vided such continued use is not dangerous to life. Any change in the use or occupancy of any existing building or structure shall comply with the provisions of Sections 109 and 3405 of this code. For existing buildings, see Appendix Chapter 34. See also Section 101.3. For a comprehensive code and guidelines on the treatment of existing buildings, see Uniform Code for Building Conservation. SECTION 3402 — MAINTENANCE All buildings and structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this code shall be main- tained in conformance with the code edition under which installed. The owner or the owner's desig- nated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official may cause a structure to be reinspected. SECTION 3403 — ADDITIONS, ALTERATIONS OR REPAIRS 3403.1 General. Buildings and structures to which additions, alterations or repairs are made shall comply with all the requirements of this code for new facilities except as specifically provided in this section. See Section 310.9 for provisions requiring installation of smoke detectors in existing Group R, Division 3 Occupancies. 3403.2 When Allowed. Additions, alterations or repairs may be made to any building or structure without requiring the existing building or structure to comply with all the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or structure. Additions or alterations shall not be made to an existing building or structure which will cause the existing building or structure to be. in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condi- tion shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate egress in com- pliance with the provisions of this code or will obstruct existing exits; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. Any building so altered, which involves a change in use or occupancy, shall not exceed the height, num- ber of stories and area permitted for new buildings. Any building plus new additions shall not ex- ceed the height, number of stories and area specified for new buildings. Additions or alterations shall not be made to an existing building or structure when such existing building or structure is not in full compliance with the provisions of this code except when such addition or alteration will result in the existing building or structure being no more hazardous based on life safety, firesafety and sanitation, than before such additions or alterations are undertaken. (See also Section 307.11.3 for Group H, Division 6 Occupancies.) EXCEPTION: Alterations of existing structural elements, or additions of new structural elements, which are not required by Section 3401 and which are initiated for the purpose of increasing the lateral -force -resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: i 1-385 3403.2-3405 1994 UNIFORM BUILDING CODE 1. The capacity of existing structural elements required to resist forces is not reduced, and 2. The lateral loading to required existing structural elements is not increased beyond their capacity, and 3. New structural elements are detailed and connected"to the existing structural elements as required by these regulations, and 4. New or relocated nonstructural elements are detailed and connected to existing or new structural ele- ments as required by these regulations, and 5. An unsafe condition as defined above is not created. 3403.3 Nonstructural. Alterations or repairs to an existing building or structure which are non- structural and do not adversely affect any structural member or any part of the building or structure having required fire resistance may be made with the same materials of which the building or struc- ture is constructed. 3403.4 Glass Replacement. The installation or replacement of glass shall be as required for new installations. • 3403.5 Historic Buildings. Repairs, alterations and additions necessary for the preservation, res- toration, rehabilitation or continued use of a building or structure may be made without confor- mance to all the requirements of this code when authorized by the building official, provided: 1. The building or structure has been designated by official action of the legally constituted au- thority of this jurisdiction as having special historical or architectural significance. 2. Any unsafe conditions as described in this code are corrected. 3. The restored building or structure will be no more hazardous based on life safety, firesafety and sanitation than the existing building. SECTION 3404 — MOVED BUILDINGS Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. SECTION 3405 — CHANGE IN USE . No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occu- pancies, unless such building is made to comply with the requirements of this code for such division or group of occupancy. EXCEPTION: The character of the occupancy of existing buildings may be changed subject to the ap- proval of the building official, and the building may be occupied for purposes in other groups without conform- ing to all the requirements of this code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. No change in the character of occupancy of a building shall be made without a certificate of occu- pancy, as required in Section 109 of this code. The building official may issue a certificate of occu- pancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this code. 1-386 a TOWN OF ESTES PARK �r. • • • Mr. Thomas Beck, Project Architect Thorp Associates, P.C. P.O. Box 129 Estes Park, CO 80517-0129 RE: Other Side Restaurant Dear Mr. Beck: "?'=am.,. June 15, 1998 After a second visit to the Other Side Restaurant and finding that 50% or more of the non -supporting portion of the building has to be repaired, the restaurant must be brought up to Code. The estimate to repair would exceed the 50% valuation required by the Uniform Code for the abatement of dangerous buildings. Please submit with the building permit two sets of plans and specifications for the remodel. Submit fire sprinkler drawings to the State of Colorado. Fire Chief Scott Dorman should be contacted for any additional questions about fire protection systems. If you have any questions, please call me. Sincerely, TOWN OF ESTES PARK Community Development Department John R. Allman Building Official (970) 586-5331 • P.O. BOX 1200 • 170 MAC GREGOR AVENUE • ESTES PARK• CO 80517 • FAX (970) 586-0249