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HomeMy WebLinkAboutPACKET Town Board Study Session 2016-02-09 Tuesday, February 9, 2016 TOWN BOARD 5:00 p.m. – 6:40 p.m. STUDY SESSION Rooms 202/203 5:00 p.m. Discuss Noise Ordinance. (Attorney White) 5:30 p.m. Dinner Served. 5:45 p.m. Update on 2015 I-Code Adoption & Local Amendments, Including Property Maintenance Code. (Chief Building Official Birchfield) 6:15 p.m. Trustee & Administrator Comments & Questions. 6:25 p.m. Future Study Session Agenda Items. (Board Discussion) 6:40 p.m. Adjourn for Town Board Meeting. “Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 4:45 p.m.” AGENDA Update on 2015 I-Code Adoption & Local Amendments Including Property Maintenance Code – Verbal Report 1 2015 International Codes Adoption Overview  Background  Introduction  Significant Changes / Local Amendments / Policies and Processes Background  Why adopt new codes o The codes are updated every three years  New information/data  New technology-products-materials  Revised standards  Clarification  Why skip a code cycle o Time o Money  Three primary issues with adopting revised codes: o Significant changes o Local amendments o Policies and processes  Public and transparent adoption process (See separate page) Introduction  Two primary codes o IBC  Scoping provisions  References seven additional International codes o IRC  Scoping provisions  Incorporates parts of other International codes Significant Changes—Changes are not considered significant if they meet any of the following criteria:  The change decreases requirements.  The change is for clarification.  The code section is not applicable in the Town of Estes Park.  The code section is extremely technical; it is rarely an issue and requires the expertise of an architect or engineer.  The change increases compliance options.  The change is exempted by Federal, State, etc. regulations.  The change allows methods or materials already permitted by the building official.  The change provides consistency with a national standard. 2 2015 International Fuel Gas Code (IFGC) Significant Changes  307.6 G2404.11 Condensate pumps in concealed spaces (Crawl spaces, attics, etc.) o Requirements  Interconnect to shut down appliance when pump fails  ½ inch drywall on bottom of floor joists in crawl space if fuel-gas appliance o Recommendations  Prohibited locations (crawl spaces, attics, etc.) for new installations (consistent with Larimer County)  Alarms on replacement of existing appliances?  Approved location for condensate disposal  623 Vents for cooking appliances (IMC 505.4) o Requirement  New installations o Recommendation  Require for retro-fits in existing buildings (gas only) (BOA)  Exception: When determined to be unreasonable by the building official (concrete wall / property lines)  No issues still under discussion 3 2015 International Mechanical Code (IMC) Significant Changes  307.3 Condensate pumps (See IFGC)  306.5 Access ladders to rooftop equipment o Requirement  Greater than 16 ft. above grade o Recommendation (building official)  Revise to not more than the greater of 2 stories or 24 ft. providing all required fall protection on the roof is in place (building official)  507.2 Type I hoods o Requirements  No horizontal discharge within 5 ft. of public access  Grease duct rating required per current and proposed local amendment o Recommendations  Zero clearance only (BOA and building official)  Type 5/8 X Drywall (building official)  No compensating hoods (BOA)  602 Plenums o Requirements  Prohibited materials  IECC o Recommendation  Prohibit = Everything in duct work (BOA and building official)  No issues still under discussion 4 2015 International Plumbing Code (IPC) Significant Changes  Chapter 5 Water heaters o Requirements  Permits required by code but not historically by the town  Replacement installations  Pan required. Drain depends if previously existing o Recommendations  Regulate electric water heaters (currently gas only)  Pans for side arms  607.2 Reduce distance to tempered water supply o Requirement  Reduce from 100 ft. to 50 ft.  Issues still under discussion o Condensate / Frozen sewer service lines 5 2015 International Property Maintenance Code (IPMC) Significant Changes  Currently not adopted  Previously adopted as the Uniform Code for the Abatement of Dangerous Buildings o Recommendations  Adoption recommended by Board of Appeals  No premises issues  No structures regulated by the IRC  Inspections initiated by complaints  Adoption recommended by building official  No premises issues  No structures regulated by the IRC except vacation rentals (Surveys)  No structured property inspection program other than vacation rentals o Potential applicability  Vacation rentals  Wildfire defensible space  Downtown (windows, doors, etc. on zero lot lines; damaged fire-rated assemblies; blocked means of egress; changes of use, etc.)  Issues still under discussion o Egress windows 6 2015 International Fire Code (IFC) Significant Changes  Amended and adopted by the Town Board of Trustees  Administered by the Estes Valley Fire Protection District  Primarily a maintenance code for systems required by the IBC o Exceptions include issues such as Fire Department access, water supply requirements, welding and torching operations, hazardous / explosive materials, etc. 7 2015 International Energy Conservation Code (IECC) Significant Changes  Requirements o Colorado revised statutes if adopting building code (not IRC) o Increased R values o Decreased U factors o Decreased allowable air changes (less than or equal to 3 ACH) o Blower door tests  Recommendations o Training (one already) o Phasing compliance o No electrical calculations with changes of use in smaller buildings such as in the downtown district o Prescriptive R values for additions and remodels (in contrast to all or nothing requirement) 8 2015 International Existing Building Code (IEBC) Significant Changes  There are no identified significant changes. There are, however, two significant issues: o Fire Barriers: Historic practice in the Estes Valley has been to platform frame with combustible materials. This is not consistent with how fire barrier walls are required to be constructed. (Deck to deck) o Accessibility and usability for persons with physical disabilities: The Town of Estes Park is way behind the requirements of Federal Legislation! (20% rule) 9 2015 International Residential Code (IRC) Significant Changes  R302.13 Fire protection of floors o Requirement  ½ inch drywall on bottom of floor joists  Unfinished basements  Crawl spaces with fuel-gas fired appliances o Recommendation  Sprinklers?  Prohibit fuel-gas appliances in crawl spaces (not R&R)  N1101.13 See IECC  P2503.5.1 Rough plumbing test o Requirement  Air pressure test now prohibited for plastic DWV systems o Recommendation  Allow air pressure tests  Snow loads and deck loads o Requirements  Same as IBC  All structural details require engineering  Wind speed o Requirement  Same as IBC  Conversion table (140 = 180)  Wildfire hazard o Requirement  Adopt Larimer county regulations by reference o Recommendations  Roofs Class A coverings or one-hour assemblies  Sprinklers?  Defensible space and fire pit inspections with vacation rental surveys 10  Automatic sprinkler systems o Requirements  All new homes  One and Two family homes currently exempt by local amendment o Recommendations (building official)  Required if in a designated wildfire hazard area and meets one of the following criteria:  Inadequate fire department access as required by the IFC  Inadequate water supply as required by the IFC  Larger than 5,000 sq. ft. in area  Issues still under discussion o Sprinkler requirements o Egress windows o Vacation rentals (3 options)  IRC  IBC  Hybrid 11 2015 International Codes Adoption Process  Legislative action  No variances (equivalent alternate methods and materials)  Board of Appeals  Public and transparent o Outreach  13 Board of Appeals public meetings  Email notices o All licensed contractors and designers  Newspaper notices  Encouraged public participation (verbal and written)  Consensus or informed consent  ELA  Board of Realtors  Downtown Business Partners  Larimer County Building Department  Larimer County Health Department  EP Sanitation District  Upper Thompson Sanitation District  All Town Departments  Available resources  Website  Printed material  Books available for check-out at Building Division  References materials available at the Library  CDs o Significant changes o Local amendments o Policies and Processes  Building contractor licensing  Submittals  Routing  Check-lists  Etc. 1 EXHIBIT A DIVISION OF BUILDING SAFETY 2015 INTERNATIONAL BUILDING CODE SIGNIFICANT CHANGES AND PROPOSED LOCAL AMENDMENTS 2 INTRODUCTION 2015 INTERNATIONAL BUILDING CODE The International Building Code (IBC) is the first of nine International Codes proposed for adoption. The IBC is one of two primary codes; it adopts seven other International Codes by reference.  International Fuel Gas Code (IFGC)  International Mechanical Code (IMC)  International Plumbing Code (IPC)  International Property Maintenance Code (IPMC)  International Fire Code (IFC)  International Energy Conservation Code (IECC)  International Existing Building Code (IEBC) This presentation is the product of fifteen months of extensive collaborative efforts of multiple staff members and public stakeholders. While not all concerns are addressed to the satisfaction of all stakeholders, the proposed amendments do represent a sincere and deliberate effort to do so. This presentation of the IBC consists of two primary issues, significant changes compared to current requirements and proposed local amendments. Staff has developed a comprehensive list of Authorities Having Jurisdiction and has identified work regulated by this code which is also regulated by other regulatory agencies. For example, the State regulates health care facilities, nursing homes, daycare facilities, specific appliances (boilers greater than 200,000 BTUs, etc.), large fuel storage tanks (gas stations), conveyance systems (elevators, escalators, etc.), accessibility, e tc. The Larimer County Health Department regulates private septic systems, public swimming pools, public hot tubs, daycares, establishments preparing and/or serving food and/or drink, etc. The issue of how Town staff coordinates with and works with other agencies is a common theme of, and is the purpose for many of the proposed amendments. The five major goals for proposing amendments are: 1. To provide consistency with other Authorities Having Jurisdiction, including the State, Larimer County, Sanitation Districts, Fire District, Town Departments, etc. 2. To address concerns of stakeholders 3. To address concerns of staff 4. To incorporate local information and/or current data into the Codes. 5. To address significant changes compared to current requirements If the 2015 IBC is amended and adopted as proposed, staff has identified 10 significant changes from current requirements. In this presentation of the IBC, significant changes are discussed in context with proposed local amendments. For consideration to amend and adopt the 2015 International Building Code, the following significant changes and proposed local amendments are presented to the Board of Trustees of the Town of Estes Park. 3 2015 INTERNATIONAL BUILDING CODE (IBC) Staff recommends adoption of the 2015 International Building Code, including the following proposed local amendments. 4 LEGEND Text in a bold box is a proposed amendment. Proposed amendments are intentionally as brief as possible. Proposed amendments highlighted in light gray are amendments which are intended to also be applicable to other codes. These amendments specify their applicability to other codes, as does the commentary. To help manage the volume of this presentation, after the initial proposal of such an amendment, it is not repeated in the presentation of each of the individual codes to which it is intended to be applicable. The proposed amendment specifying it is applicable to other codes; the highlighting in light gray; and the commentary are staff’s collective means to clearly communicate the intent to apply the proposed amendment to other codes as specified. After a proposed amendment, original text of the applicable 2015 International Code is provided. Original text is limited to that necessary to provide context for the proposed amendment. Red strike through text is original text proposed to be deleted. Blue underscored text is new text proposed to be added. This original text, with proposed deletions and proposed additions, provides context for the proposed amendment. If the proposed amendment is entirely new text, there is no context section between it and the yellow highlighted commentary. Yellow highlighted commentary provides clarification, background information, the reason for, and the intent of the proposed amendment. Staff has tried to provide enough information to accurately communicate concerns of stakeholders regarding the issues, as staff understands them. Also, staff has tried to provide enough technical information to accurately identify the reason for and the intent of the proposed amendment. Proposed amendments which are not current amendments and code changes which are significant are identified by the large green highlighted caption SIGNIFICANT CHANGE. While some significant changes do result with increased costs, other significant changes provide increased flexibility and decreased costs. 5 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. 6 START SIGNIFICANT CHANGE Exceptions: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with the International Residential Code. 2. In addition to complying with the provisions of the International Residential Code, individual dwelling units rented or leased for less than 30 days shall also comply with the 2015 International Property Maintenance Code, as amended. Individual dwelling units shall be limited to the number of occupants allowed in the Estes Valley Development Code. This amendment shall be applicable to, and is an amendment to each of the international codes adopted by the Town of Estes Park. This proposed amendment is a significant change because this is the first time individual dwelling units used as short term rentals will be regulated by provisions other than those contained in the International Residential Code (IRC). It is also the first time the International Property Maintenance Code (IPMC) will be adopted by the Town of Estes Park. END SIGNIFICANT CHANGE 101.2 Scope ADD the following exception: 2. In addition to complying with the provisions of the International Residential Code, individual dwelling units rented or leased for less than 30 days shall also comply with the 2015 International Property Maintenance Code, as amended. Individual dwelling units shall be limited to the number of occupants allowed in the Estes Valley Development Code. This amendment shall be applicable to, and is an amendment to each of the international codes adopted by the Town of Estes Park. 7 CHAPTER 1 SCOPE AND ADMINISTRATION SECTION 101 GENERAL 101.1 Title. REVISE as follows: These regulations shall be known as the Building Code of the Town of Estes Park, hereinafter referred to as “this code.” In this code, all references requiring the “NAME OF JURISDICTION” shall be amended to “the Town of Estes Park.” This amendment shall be applicable to, and is an amendment to each of the Building Codes adopted by the Town of Estes Park. 101.1 Title. These regulations shall be known as the Building Code of [NAME OF JURISDICTION], the Town of Estes Park, hereinafter referred to as “this code.” In this code, all references requiring the “NAME OF JURISDICTION” shall be amended to “the Town of Estes Park.” This amendment shall be applicable to, and is an amendment to each of the Building Codes adopted by the Town of Estes Park. Required amendments include providing information specific to the adopting jurisdiction. By specifying codes adopted by the town, this proposed amendment includes the National Electrical Code (NEC), which is enforced by the State, and the International Fire Code (IFC), which is enforced by the Estes Valley Fire Protection District. The language in this proposed amendment includes the NEC and the IFC in its application, even though they are not administered by town staff. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the Building Codes adopted by the Town of Estes Park. For this presentation, this proposed amendment is not reproduced in the proposed amendments to each individual code. However, it is intended to apply to each of the adopted Building Codes. The final document of approved amendments will specify in detail and reproduce each applicable amendment for each of the adopted Building Codes. A complete copy of every approved amendment to each code will be available on the Town website, in paper and electronic forms from the Community Development Department, and reference copies provided to the Estes Valley Library. Staff will provide a complimentary digital copy of all amendments to applicable codes upon request. 8 101.4 Referenced codes. CHANGE designation 101.4.7 to 101.4.8. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Subsection 101.4.8 is added as a subsequent proposed amendment. That proposed amendment will adopt the National Electrical Code (NEC) by reference. 101.4.1 Gas. REVISE the first sentence as follows: The provisions of the 2015 International Fuel Gas Code, as amended, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 101.4.1 Gas. The provisions of the 2015 International Fuel Gas Code, as amended, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This subsection adopts the International Fuel Gas Code (IFGC) by reference. This proposed amendment specifies the 2015 edition and adopts approved amendments by reference. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 9 101.4.2 Mechanical. REVISE as follows: The provisions of the 2015 International Mechanical Code, as amended, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy- related systems. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 101.4.2 Mechanical. The provisions of the 2015 International Mechanical Code, as amended, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy- related systems. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This subsection adopts the International Mechanical Code (IMC) by reference. This proposed amendment specifies the 2015 edition and adopts approved amendments by reference. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 10 101.4.3 Plumbing. REVISE as follows: The provisions of the International Plumbing Code, as amended and adopted by the Examining Board of Plumbers of the State of Colorado, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the most recent edition of the On-Site Waste Water Treatment System Regulations, as enforced by the Larimer County Health Department shall apply to private sewer disposal systems. 101.4.3.1 State Plumbing Code. In this Code, all references to the plumbing code shall be amended to the International Plumbing Code, as amended and adopted by the Examining Board of Plumbers of the State of Colorado. 101.4.3.2 County Health Department Regulations. In this Code, all references to the International Private Sewage Disposal code shall be amended to the On-Site Waste Water Treatment System Regulations, as enforced by the Larimer County Health Department. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 11 101.4.3 Plumbing. The provisions of the International Plumbing Code, as amended and adopted by the Examining Board of Plumbers of the State of Colorado, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code The provisions of the most recent edition of the On-Site Waste Water Treatment System Regulations, as enforced by the Larimer County Health Department shall apply to private sewage disposal systems. 101.4.3.1 State Plumbing Code. In this Code, all references to the plumbing code shall be amended to the International Plumbing Code, as amended and adopted by the Examining Board of Plumbers of the State of Colorado. 101.4.3.2 County Health Department Regulations. In this Code, all references to the International Private Sewage Disposal code shall be amended to the On-Site Waste Water Treatment System Regulations, as enforced by the Larimer County Health Department. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This proposed amendment eliminates the necessity to revise the Municipal Code when the State amends and/or adopts a different edition of the International Plumbing Code (IPC) and/or when the Larimer County Health Department revises their applicable regulations. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 12 START SIGNIFICANT CHANGE 101.4.4 Property Maintenance. REVISE as follows: The provisions of the 2015 International Property Maintenance Code, as amended, shall apply to existing structures, equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing structures. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 101.4.4 Property Maintenance. The provisions of the 2015 International Property Maintenance Code, as amended, shall apply to existing structures and premises;, equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This is a significant change because this will be the first time the Town has adopted the International Property Maintenance Code (IPMC). This subsection adopts the IPMC by reference. This proposed amendment specifies the 2015 edition and adopts approved amendments by reference. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. The board of appeals initially supported adoption of the IPMC with the recommendation of excluding all references to premises and single family dwellings. Subsequently, the Town Board directed staff to include provisions in the codes to promote public safety through limited inspections of single family homes used as vacation rentals. END SIGNIFICANT CHANGE 13 101.4.5 Fire Prevention. ADD the following statement at the end of this subsection. In this Code, all references to the International Fire Code shall be amended to The International Fire Code adopted by the Estes Valley Fire Protection District. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 101.4.5 Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression , automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. In this Code, all references to the “International Fire Code” shall be amended to The International Fire Code adopted by the Estes Valley Fire Protection District. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. With this proposed amendment, the Town will adopt the International Fire Code (IFC) adopted by the Estes Valley Fire Protection District (EVFPD). This proposed amendment eliminates the necessity to revise the Municipal Code if and when the EVFPD amends and/or adopts a different edition of the IFC. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. It is not the intent of this proposed amendment for the Town Board to relinquish its authority to the EVFPD. Rather, it is intended that the Fire District work in collaboration with the Town Board to insure the code appropriately addresses the concerns of the Town Board. This is partially insured through the process of the Fire District reviewing significant changes and proposed amendments of the Fire Code during the public meeting of the Town Board of Appeals. As with all of the International Codes, the Town Board has the authority to amend the Fire Code within Town limits at any time. 14 101.4.6 Energy. REVISE as follows: The provisions of the 2015 International Energy Conservation Code, as amended, shall apply to all matters governing the design and construction of buildings for energy efficiency. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 101.4.6 Energy. The provisions of the 2015 International Energy Conservation Code, as amended, shall apply to all matters governing the design and construction of buildings for energy efficiency. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This subsection adopts the International Energy Conservation Code by reference. This proposed amendment specifies the 2015 edition and adopts approved amendments by reference. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 15 START SIGNIFICANT CHANGE 101.4.7 Existing Buildings. REVISE as follows: The provisions of the 2015 International Existing Building Code, as amended, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.7 Existing Buildings. The provisions of the 2015 International Existing Building Code, as amended, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. This subsection adopts the International Existing Building Code (IEBC) by reference. This proposed amendment specifies the 2015 edition and adopts approved amendments by reference. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. This is a significant change because this is the first edition of the IBC which adopts the IEBC by reference. Additionally, all the provisions for existing buildings which were previously contained in chapter 34 of the IBC have been deleted. The IEBC is more flexible than the IBC, and therefore the Town has adopted it since the 2003 edition. Many jurisdictions have not adopted the IEBC prior to the 2015 edition. Now, they have no choice unless they want to delete the IEBC and regulate everything by the IBC as required for new construction, which is more restrictive and more costly that the IEBC. END SIGNIFICANT CHANGE 16 101.4.8 Electrical. ADD this subsection as follows: In this Code, all references to the electrical code shall be amended to the National Electrical Code adopted by the Colorado State Electrical Board. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This proposed amendment eliminates the necessity to revise the Municipal Code when the State amends and/or adopts a different edition of the National Electrical Code (NEC). It also maintains consistency with the State regarding private electrical systems. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 17 101.5 Administrative provisions. ADD this subsection as follows: All of the administrative provisions in Chapter 1 of this code adopted are amendments to each of the International Codes adopted and enforced by the Town of Estes Park, as applicable. This proposed amendment eliminates the necessity of repeating approximately 45 amendments to the administrative provisions in each of the adopted International Codes . By specifying the International Codes, this proposed amendment excludes the National Electrical Code (NEC), which is a National Fire Protection Agency (NFPA) standard and not an International Code. By specifying codes enforced by the Town, this proposed amendment excludes the International Fire Code, which is enforced by the Estes Valley Fire Protection District (EVFPD). The language in this proposed amendment intentionally excludes the NEC and the IFC from its application because they are not administered by town staff. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. For this presentation, the proposed amendments to the administrative provisions in each of the International codes are not reproduced in the proposed amendments to each individual code. However, for the final document of approved amendments, all applicable amendments will be specified in detail and reproduced for each of the adopted International Codes. A complete copy of every approved amendment to each code will be available on the Town website, in paper and electronic forms from the Community Development Department, and reference copies provided to the Estes Valley Library. Staff will provide a complimentary digital copy of all amendments to applicable codes upon request. Question for Attorney White: Does this proposed amendment eliminate the need for the following language in other proposed amendments in Chapter 1? “This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park.” 18 SECTION 102 APPLICABILITY 102.1 General. REVISE as follows: Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code, other local, state, or federal codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code, other local, state, or federal codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. This is a current amendment and is consistent with subsection 102.2. This proposed amendment provides authority and direction for staff to stay consistent with local, state and federal requirements that are or become more restrictive than local requirements. For example, the town water department, both local sanitation districts, county and state health departments, etc. all have requirements more restrictive than provisions in the International codes. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. Some stakeholders believe staff should not be concerned with known issues/requirements of other regulatory agencies; yet, other stakeholders are appreciative of this policy. An example of this is demolition permits. The State has requirements for demolition permits, specific to the abatement of hazardous materials such as asbestos. As a requirement for a town demo permit, current policy requires documentation of compliance with State requirements. Some stakeholders think the town should issue a town demo permit regardless of what communication has occurred between the State and the permit applicant. A good example of State requirements for abatement of hazardous materials was the Park Theater Mall fire. Per policy, staff did not approve the town demo permit, until compliance with State requirements was documented. 19 102.4 Referenced codes and standards. ADD the following sentence at the end of this subsection. Approved proprietary products and materials shall be considered in compliance with the provisions of this code when they are installed per the manufacturers’ specifications and installation requirements. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. Approved proprietary products and materials shall be considered in compliance with the provisions of this code when they are installed per the manufacturers’ specifications and installation requirements. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This code subsection is not intended to automatically provide less restrictive requirements than those of listed product and material manufacturers. This proposed amendment clarifies this interpretation. The intent of this subsection is for the approval of products and materials to be based on codes and standards which are referenced in this code and are therefore part of this code. There are other provisions in this code that authorize the building official to approve products and materials based on other criteria, providing the criteria is not less restrictive than the provisions of this code, which include the codes and standards referenced within it. This is a current amendment and is common practice. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 20 DEPARTMENT OF BUILDING SAFETY SECTION 103 103.1 Creation of enforcement agency. The Department Division of Building Safety is hereby created and the official in charge thereof shall be known as the chief building official. 103.1.1 Title of enforcement agency. In this Code, all references to the creation of an enforcement agency by title shall be amended to the creation of the Division of Building Safety. 103.1.2 Title of official in charge. In this Code, all references to the official in charge by title shall be amended to the chief building official. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This proposed amendment eliminates the creation of multiple Department titles and multiple job titles. It is a current amendment, is consistent with Chapter 14 of the Estes Park Municipal Code (EPMC), and with the Town’s current organizational structure. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 103.1 Creation of enforcement agency. REVISE as follows: The Division of Building Safety is hereby created and the official in charge thereof shall be known as the chief building official. 103.1.1 Title of enforcement agency. In this Code, all references to the creation of an enforcement agency by title shall be amended to the creation of the Division of Building Safety. 103.1.2 Title of official in charge. In this Code, all references to the official in charge by title shall be amended to the chief building official. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 21 SECTION 105 PERMITS 105.1 Required. DELETE “electrical” and ADD the following exceptions. Exceptions: 1: The Colorado State Electrical Board shall administer the National Electric Code. 2. The Estes Valley First Protection District shall administer the International Fire Code. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of the building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Exceptions: 1. The Colorado State Electrical Board shall administer the National Electric Code. 2. The Estes Valley First Protection District shall administer the International Fire Code. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. The Town of Estes Park defers regulation of the National Electric Code (NEC) to the Colorado State Electrical Board. The Town defers regulation of the International Fire Code (IFC) to the Estes Valley Fire Protection District (EVFPD). Staff has developed a comprehensive list of Authorities Having Jurisdiction and has identified work regulated by this code which is also regulated by other regulatory agencies. For example, the State regulates health care facilities, nursing homes, daycare facilities, specific appliances (boilers greater than 200,000 BTUs, etc.), large fuel storage tanks (gas stations), conveyance systems (elevators, escalators, etc.), accessibility, etc. The Larimer County Health Department regulates private septic systems, public swimming pools, public hot tubs, daycares, establishments preparing and/or serving food and/or drink, etc. The issue of how Town staff coordinates with and works with these other agencies is a common theme of, and is the purpose for many of the proposed amendments. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 22 105.1.1 Annual Contractor Permit. REVISE this subsection as follows: For small projects not requiring design submittals, such as the replacing of roof coverings, and for alterations and/or repairs to an already approved gas, mechanical or plumbing installation, the building official is authorized to issue an annual contractor permit to any pre-authorized contractor. Permit applications, fees, and inspections shall be required for each individual project. Contractors with annual permits shall be permitted to begin work prior to the issuance of an individual permit, after the contractor has filed an appropriate permit application with the chief building official. Inspections shall not be provided prior to the individual permit being issued. If a proper application has been submitted, a valid annual contractor permit shall exempt the contractor from investigation fees if work is commenced prior to obtaining the required individual permit. Applicants for an annual contractor permit shall first obtain the applicable Building Contractor License from the chief building official and be pre-authorized to apply for an annual contractor permit. -1- 105.1.1.1 Annual Contractor Permit fee. A fee deposit for each annual contractor permit shall be paid. The amount of the fee deposit shall be determined by the permit applicant. As individual permits are issued, fees established in the approved fee schedule shall be deducted and assessed. -2- 105.1.1.2 Work authorized by Annual Contractor Permits. Work authorized by an annual contractor permit shall be work which is individually permitted, inspected and approved by the chief building official. Work which is not permitted, inspected and approved by the chief building official, shall be unauthorized, and is a violation of this code. -3- 105.1.1.3 Validity of Annual Contractor Permits. An annual contractor permit shall be valid as long as the fee deposit has a balance and so long as the contractor maintains a valid Building Contractor License with the chief building official. -4- 105.1.1.4 Limitations of Annual Contractor Permits. Work authorized by annual contractor permits shall be limited to work which does not require design submittals for review, or does not require the approval of other Authorities Having Jurisdiction and can be approved unilaterally by the chief building official. Annual contractor permits shall not include the addition and/or vacating of plumbing fixtures or the addition to fuel gas piping. Annual contractor permits are limited only to work which is authorized by Over The Counter (OTC) permits. -5- This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 23 1. This proposed amendment provides a means to streamline the permitting process for qualified contractors who permit multiple smaller projects within town limits. This higher level of service has resulted in increased work for staff but less time obtaining permits for pre-authorized contractors. 2. A process for assessing and collecting fees is required for annual contractor permits. Staff recommends a fee deposit determined by the contractor applying for the annual permit. 3. An annual contractor permit will allow work to begin after application for an individual permit and prior to issuance of that permit. Annual contractor permits will not exempt work from other administrative provisions of this code, such as but not limited to, permits, fees, inspections, and approvals. 4. Pre-authorized contractors may forfeit their annual contractor permit for a time determined by the building official if they perform work without required permits or fail to comply with any of the provisions of this sub-section. 5. Other Town Departments and non-town entities have concerns and/or requirements regarding the vacating and/or addition of plumbing fixtures. Building Division staff facilitates the communication and coordination process with them; and permits for this type of work should not be issued prior to information and approval being received from these other agencies. For example, the water department and both sanitation districts assess fees or credits for commercial plumbing fixtures; and the County Health Department regulates required plumbing fixtures in establishments preparing and/or serving food and/or drink. The addition of fuel fired appliances to an existing fuel gas system requires the existing system to be sized in order to verify it is adequate to supply the increased BTU load. It is intended that work authorized by annual contractor permits will be limited to work which does not require design submittals for review; does not require the approval of other Authorities Having Jurisdiction and can be approved unilaterally by Building Division staff without neglecting known requirements of other agencies. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This proposed amendment and the subsequent proposed amendment related to annual contractor permits are recommended based on Building Contractor Licensing requirements. Without contractor licensing based on qualifications, the administration of annual contractor permits would not be practical or manageable. Repair and maintenance work, as defined in the Building Contractor Licensing regulations, are exempt from contractor licensing requirements. Work performed by employees of property owners beyond the scope of such repair or maintenance may or may not be exempt from contractor licensing requirements, depending on the scope of the work. Qualifications for contractors are specified in the Building Contractor Licensing regulations; these same qualifications are applicable to property owner employees who apply for permits. Qualified trades persons employed by property owners may apply for permits consistent with their qualifications. 24 105.1.2 Annual permit records. REVISE as follows: 105.1.7 Annual Permit Records. Individual permits and inspections shall be obtained and documented as required for all projects. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 105.1. 2 7 Annual permit records. Individual permits and inspections shall be obtained and documented as required for all projects. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This proposed amendment provides the common processes used to verify compliance of performed work and to maintain necessary records. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 25 105.2 Work exempt from permit. REVISE exemption 2 as follows: 2. Fences not over 7 feet (2134 mm) high from original grade. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 105.2 Work exempt from permit Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: … 2. Fences not over 7 feet (2134 mm) high from original grade. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment specifies how the height of a fence is measured. This provides a method for accurate determinations as to when permits are required for fences. Staff routinely receives questions regarding permitting requirements for fences. This provision provides a definitive requirement that can be clearly communicated and explained to the public and to stakeholders. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 26 105.3 Application for permit. ADD the following statement at the end of condition 6. Applicants for permits shall possess the appropriate building contractor license from the chief building official and when applicable, the appropriate State licenses. Exception: Homeowners performing work themselves on the home which they occupy. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: … 6. Be signed by the applicant, or the applicant’s authorized agent. Applicants for permits shall possess the appropriate building contractor license from the chief building official and when applicable, the appropriate State licenses. Exception: Homeowners performing work themselves on the home which they occupy. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This proposed amendment represents staff’s interpretation and administration of Building Contractor License requirements, which are described as follows: Persons who perform work without compensation are exempt from contractor license requirements. This includes volunteers, home owners, property owners, business owners, tenants, and any other person who performs work without compensation. Persons exempt from contractor license requirements may apply for permits limited to the work they will perform. The scope of work allowed to be performed by persons exempt from building contractor licensing requirements is determined by design requirements, State licensing requirements, proprietary product requirements, local concerns and the complexity of the project as determined by the chief building official. Additionally, unless on the same project, there is also a general contractor with the appropriate contractor license to obtain a combination permit for the project, each compensated subcontractor working on the project is required to posses the appropriate contractor license and is required to obtain a separate permit for the scope of work to be performed by that contractor. Unless the person exempt from contractor license requirements possesses the appropriate contractor license, the exempt person may not apply for a permit to include work performed by a contractor required to possess a contractor license. Unless an exempt person possess the applicable contractor license, the exempt person may only apply for permits limited to the scope of work the exempt person will perform. Also, exemption from contractor license requirements does not exempt any person from any other requirements of this code. 27 105.5 Expiration. DELETE original text; and, ADD new text as follows: 105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire on a pre-determined date. Every permit shall also become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issue of such permit, or if at any time after the work is commenced the building or work authorized by such permit is suspended or abandoned for a period of 180 days, or if the person or entity to whom the permit is issued fails to request a first inspection within 180 days of the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so. The fee for such new permit shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abandonment has not exceeded one year. Changes in the plans and specifications shall require an additional permit fee and plan review fee as described in Section 109. Any nullified permit where the suspension or abandonment has exceeded one year will require the permittee to pay a new building permit fee based on the current project valuation. Any person/permittee holding an unexpired and valid permit may apply for an extension of time to commence work, return to work, or complete work under that permit by submitting a written request describing good and satisfactory reasons for such extensions. This request must be received prior to the date on which the original permit expires or becomes null and void. The building official shall determine whether the reasons for such extension are sufficient to approve the extension. An extended permit is valid for a period equal to the original permit, does not require compliance with codes adopted since the original permit was issued, and does not require payment of new fees. The building official may approve further modification to the extended permit expiration date due to hardship, such as, death, serious health problems, foreclosure, bankruptcy, or involuntary property transfer imposed by law. The permittee shall submit a letter documenting the hardship, pay an extension fee and provide a definitive time when the structure will be completed. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 28 This is a current amendment and provides specific direction to the building official regarding the expiration and/or time extension of permits. The primary intent of the expiration provision is to facilitate the completion of projects in the interest of public safety and to prevent projects from being perpetual, in consideration of neighbors. The extension provision authorizes the building official to exempt the expiration requirements due to hardship. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 29 105.7 Placement of permit. REVISE as follows: The entire building permit package shall be kept on the site of the work until the completion of the project. The building permit package shall be posted as close as possible to the premises address numbers and shall be adequately protected from the weather and from physical damage. For new structures and other large projects, the permit package shall be kept in an approved red weather-tight container. The approved container shall be visible from the primary access to the property. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 105.7 Placement of permit. The entire building permit or copy package shall be kept on the site of the work until the completion of the project. The building permit package shall be posted as close as possible to the premises address numbers and shall be adequately protected from the weather and from physical damage. For new structures and other large projects, the permit package shall be kept in an approved red weather-tight container. The approved container shall be visible from the primary access to the property. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This is a current amendment and a proven time management tool. The ability to readily locate the permit package has saved an estimated one hundred staff hours per year. This helps keep inspections and therefore projects on an efficient timeline, which is of benefit to staff and to all stakeholders. It has also helped minimize misplaced and/or damaged field records and documents. This has saved many additional staff hours per year; and it has helped improve accuracy and maintenance of records, which is of benefit to all stakeholders and to the public. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. Originally, some stakeholders thought this requirement was not necessary and was excessive regulation. Since this requirement was first implemented by administrative policy by the building official, it has proven its value. Most local contractors are now accustomed to this requirement and support it. 30 105.8 Transfer of permits. ADD this subsection. A current valid building permit may be transferred from one party to another upon written application to the building official. When any changes are made to the original plans and specifications that substantially differ from the plans submitted with the permit, as determined by the building official, a new plan review fee shall be paid as calculated in accordance with Section 109. No change will be made in the expiration date of the original permit, except as provided in subsection 105.5. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This is a current amendment and is utilized several times each year. The intent of this proposed amendment is to provide clear and specific direction to the building official, to ensure a consistent and reasonable method to approve the transfer of permits. This provision provides a means to authorize work to continue, if and when property owners and/or contractors change after a permit application has been submitted and the authorized work has not been completed and approved. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 31 SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. ADD the following statements at the end of this subsection. Signs posting design live loads shall be a minimum 8.5 inches (215.90 mm) by 11 inches (279.40 mm) with a minimum font size of 2inches (50.80 mm). Lettering shall contrast with the sign background. This amendment shall be applicable to, and is an amendment to the International Existing Building Code adopted by the Town of Estes Park. 106.1 Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in whic h they apply, using durable signs. It shall be unlawful to remove or deface such notices. Signs posting design live loads shall be a minimum 8.5 inches (215.90 mm) by 11 inches (279.40 mm) with a minimum font size of 2inches (50.80 mm). Lettering shall contrast with the sign background. This amendment shall be applicable to, and is an amendment to the International Existing Building Code adopted by the Town of Estes Park. The provisions of this proposed amendment are intended to ensure accurate and timely information for building and/or fire inspectors who then can provide accurate and timely information to property owners and building occupants. Some jurisdictions have specific requirements for these required signs. Staff occasionally receives questions regarding specific requirements for these signs. Experience has demonstrated these required signs typically remain posted longer if they are professionally made and appear official. Some of these required signs were removed at the Visitors Center within months of occupancy. Where these signs are not posted, a fire marshal or building inspector performing a property inspection will need additional time to research off-site records before completing the inspection report. The requirements of this subsection are intended to prevent this delay in public service. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) adopted by the Town of Estes Park. 32 START SIGNIFICANT CHANGE SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. ADD the following text before the Exception: Because of local wind and snow design loads, there are no exempt structures in the Town of Estes Park. Under the following conditions, construction documents submitted for a building permit; including but not limited to plans, calculations and specifications; shall be prepared and sealed by a Colorado registered professional engineer or licensed architect. 1. When a design does not comply with prescriptive requirements of this code. 2. All structural details, including decks, garages, additions, alterations, repairs, etc. 3. All required details for multi-family buildings containing more than 4 dwellings. 4. All required details for mixed use buildings. 5. Design and/or alterations affecting the life safety of occupants, including but not limited to the following: a. All changes of Use, a code analysis is required. b. Mechanical (HVAC), when system plans are required (other than manuals D, J and S) c. Plumbing, when system plans are required d. Electrical, when system plans are required (means of egress and exterior lighting) e. Fuel Gas, when system plans are required (more than 2” line or more than one million BTUs ) f. Elevator, State requirements g. Fire-Resistance-Rated Construction, when system plans are required h. Means of egress, when system plans are required i. Type 1 Hood, when system plans are required j. Accessibility, when system plans are required 6. Additions, alterations, or repairs affecting accessibility requirements. 7. Interior space reconfiguration which may affect design load requirements, as determined by the building official. Pre-approved and pre-engineered systems shall be approved as complying with the provisions of this code, when they are installed per the manufacturers’ specifications and installation requirements (listed equipment, listed proprietary products, hood suppression systems, alarm systems, sprinkler systems, prescriptive requirements, etc.) This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 33 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. 107.1 General. ADD the following text before the Exception: Because of local wind and snow design loads, there are no exempt structures in the Town of Estes Park. Under the following conditions, construction documents submitted for a building permit; including but not limited to plans, calculations and specifications; shall be prepared and sealed by a Colorado registered professional engineer or licensed architect. 1. When a design does not comply with prescriptive requirements of this code. 2. All structural details, including decks, garages, additions, alterations, repairs, etc. 3. All required details for multi-family buildings containing more than 4 dwellings. 4. All required details for mixed use buildings. 5. Design and/or alterations affecting the life safety of occupants, including but not limited to the following: a. All changes of Use, a code analysis is required. b. Mechanical (HVAC), when system plans are required (other than manuals D, J and S) c. Plumbing, when system plans are required d. Electrical, when system plans are required (means of egress and exterior lighting) e. Fuel Gas, when system plans are required (more than 2” line or more than one million BTUs ) f. Elevator, State requirements g. Fire-Resistance-Rated Construction, when system plans are required h. Means of egress, when system plans are required i. Type 1 Hood, when system plans are required j. Accessibility, when system plans are required 6. Additions, alterations, or repairs affecting accessibility requirements. 7. Interior space reconfiguration which may affect design load requirements, as determined by the building official. Pre-approved and pre-engineered systems shall be approved as complying with the provisions of this code, when they are installed per the manufacturers’ specifications and installation requirements (listed equipment, listed proprietary products, hood suppression systems, alarm systems, sprinkler systems, prescriptive requirements, etc.) This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 34 In this proposed amendment, the term “exempt” refers to buildings which are exempt from the requirement for a Colorado professional engineer or Colorado licensed architect to prepare the submittal documents. Because of high wind loads, no buildings in the Town of Estes Park are exempt. This proposed amendment addresses the following question asked by stakeholders: When are submittals required to be prepared by a Colorado registered professional engineer or licensed architect? While no list can address every potential situation, this extensive list of conditions is based on the requirements of State Statutes, the requirements of this code, local climatic and geographic design criteria, issues of local concern and administrative policies. If this proposed amendment is not approved, its provisions will be applied by administrative policy, unless different and specific direction is provided to staff. This condition is applicable to all proposed amendments. As directed by the Community Development Committee during the previous code adoption process, significant administrative policies are presented as proposed amendments. The intent is to clearly communicate these requirements and provisions to stakeholders. The issue of requiring or not requiring submittals to be prepared by a Colorado registered engineer or licensed architect is a major concern of local stakeholders. This proposed amendment and some other proposed amendments are intended to address concerns regarding this issue. Staff acknowledges this issue is complex and not every potential circumstance has been specifically identified and addressed. However, the proposed amendments are reasonably extensive and do intentionally include issues of local concern that were expressed by stakeholders and identified by staff during the open dialogue portion of the previous codes adoption process. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This is a significant change because all structural details require engineering. Per Colorado Revised Statutes (CRS), engineering may be performed by a Colorado registered engineer or a Colorado licensed architect. END SIGNIFICANT CHANGE 35 107.2 Construction documents. 107.2.3 Means of egress. ADD the following statements at the end of this subsection. For buildings and structures classified as Occupancy Category III or IV in Table 1604.5, or when required by the building official, separate sheets clearly detailing the life safety plans are required. Non-related information is prohibited from being on the life safety plans; and, the life safety plans shall include sufficient detail to determine compliance with this code. This amendment shall be applicable to, and is an amendment to the International Existing Building Code adopted by the Town of Estes Park. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. For buildings and structures classified as Occupancy Category III or IV in Table 1604.5, or when required by the building official, separate sheets clearly detailing the life safety plans are required. Non-related information is prohibited from being on the life safety plans; and, the life safety plans shall include sufficient detail to determine compliance with this code. This amendment shall be applicable to, and is an amendment to the International Existing Building Code adopted by the Town of Estes Park. Many fire departments and some building departments have been requiring this for years. It is a very effective time management tool for plan reviewers. This proposed amendment clarifies staff’s interpretation of compliance with this requirement. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) adopted by the Town of Estes Park. 36 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. REVISE as follows: The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than allowed by the Estes Valley Development Code and/or the Estes Park Municipal Code. The building official is authorized to grant extensions for demonstrated cause. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days allowed by the Estes Valley Development Code and/or the Estes Park Municipal Code. The building official is authorized to grant extensions for demonstrated cause. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment provides consistency with other Town codes that staff is also charged with enforcing. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 37 108.3 Temporary power. REVISE as follows: The building official and/or the Colorado State Electrical Inspector is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70, as amended and adopted by the Colorado State Electrical Board. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 108.3 Temporary power. The building official and/or the Colorado State Electrical Inspector is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70, as amended and adopted by the Colorado State Electrical Board. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. NFPA 70 is the National Electrical Code; and the Town defers regulation of private electrical systems to the Colorado State Electrical Board. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 38 START SIGNIFICANT CHANGE SECTION 109 FEES 109.2 Schedule of permit fees. DELETE “electrical.” And ADD the following statement at the end of this subsection. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. There are no fee schedules included in any of the International Codes. If it is the intent of the Board of Trustees for staff to assess fees for permits and/or other services, then a fee schedule must be established and approved. A fee scheduled can be established and approved separately from the International Codes adoption process. This subsection provides this option by referencing such fee schedule in the text: “in accordance with the schedule as established by the applicable governing authority.” The following fee schedule is recommended by staff. 39 109.2 Schedule of permit fees. REVISE as follows: 109.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with Tables 1-A, 1-B, 1-C, and 1-D. Other fees shall be assed in accordance with applicable fees established in this code and other International Codes, as amended and adopted. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority Tables 1-A, 1-B, 1-C, and 1-D. Other fees shall be assessed in accordance with applicable fees established in this code and other International Codes, as amended and adopted. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. Prior to the 2000 edition, the adopted building codes contained fee schedules. The fee schedule currently used, copied from the 1997 Uniform Building Code, is based on project valuations and has been used since 1998. As project valuations have increased, fees have also increased. For the purpose of establishing valuations to determine fees, valuations have increased approximately 35% since 1998. This amendment is intended to be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 40 Table 1-A – Building Permit Fees TOTAL VALUATIONl FEE2 $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100.001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof 1Valuations shall be determined per Section 109.3 of this code. 2 A fee for combination building permits shall be paid to the building official as set forth in Table 1-A, except as specified in Table 1-B. A plan review fee shall be paid equal to 50 percent of the building permit fee as shown in Table 1-A. A 50% discount in review fees will be given for plans which are approved on first review. The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items, an additional plan review fee shall be charged at the rate shown in Table 1-B. Plans that cannot be reviewed by building division staff due to their complexity will be charged the full review fee of the outside agency used by the division of building safety for the plan review. 41 Table 1-B - Fee Schedule 1. Inspections outside of normal business hours. $100.00/hour1 (minimum charge = one hour) 2. Re-inspection fees assessed under provisions of Section 109.8 $100.00/hour1 (minimum charge = one hour) 3. Inspections for which no fee is specifically indicated. $100.00/hour1 (minimum charge = one hour) 4. Additional plan review required by changes, additions or revisions to plans. $100.00/hour1 (minimum charge = one hour) 5. For use of outside consultants for plan reviews and inspections or both. Actual costs2 6. Demolition permits. $50.00 OTC. $100.00 per structure requiring review by other departments/agencies. $200.00 per structure with utility connections. 7. Temporary use permits. $50.00 each 8. Certificates of occupancy. $100.00 each 9. Temporary certificates of occupancy. $100.00/hour1 (minimum charge = one hour) 10. Appeals to the Board of Appeals. $50.00 each 11. Wildfire Fees The most recent wildfire fees table adopted by Larimer County, which is hereby adopted by reference. 12. Dwelling Life Safety Survey $200.00 each 1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2Actual costs include administrative and overhead costs. 20% of standard permit fees and plan review fees shall be collected as general administrative and overhead costs. These fees are separate from and are in addition to fees paid to outside consultants when such services are requested by the applicant. These administrative fees are not assessed when consultant services are not requested by the applicant but are facilitated by staff. 42 Table 1-C – Grading Plan Review Fees 50 cubic yards (38.2m³) or less No fee 51 to 100 cubic yards (40 m³ to 76.5 m³) $27.00 101 to 1,000 cubic yards (77.2 m³ to 764.6 m³) $45.00 1,001 to 10,000 cubic yards (765.3 m³ to 764.6 m³) $58.00 10,001 to 100,000 cubic yards (7,646.3 m³ to 76,455 m³) = $58.00 for the first 10,000 cubic yards (7,645.5 m³), plus $28.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 100,001 to 200,000 cubic yards (76,455 m³ to 152,911 m³) = $310.00 for the first 100,000 cubic yards (76,455 m³), plus $15.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 200,001 cubic yards (152,912 m³) or more = $460.00 for the first 200,000 cubic yards (152,911 m³) plus $8.50 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans $100.00/hour* (minimum charge = one half hour) * Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 43 Table 1-D – Grading Permit Fees1 50 cubic yards (38.2m³) or less $27.00 51 to 100 cubic yards (40 m³ to 76.5 m³) $45.00 101 to 1,000 cubic yards (77.2 m³ to 764.6 m³) = $45.00 for the first 100 cubic yards (76.5 m³), plus $20.00 for each additional 100 cubic yards (76.5 m³) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m³ to 764.6 m³) = $225.00 for the first 1,000 cubic yards (764.6 m³), plus $16.00 for each additional 1,000 cubic yards (764.6 m³) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m³ to 76,455 m³) = $369.00 for the first 10,000 cubic yards (7,645.5 m³), plus $76.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. 100,001 cubic yards (76,455 m³) or more = $1,053.00 for the first 100,000 cubic yards (76,455 m³), plus $42.00 for each additional 10,000 cubic yards (7,645.5 m³) or fraction thereof. Other Fees: 1. Inspections outside of normal business hours 2. Re-inspection fees assessed under provisions of Section 108.8 3. Inspections for which no fee is specifically indicated $100.00/hour² (minimum charge = two hours) $100.00/hour² $50.50/hour² (minimum charge = one hour) 1 The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 44 The fees Tables 1-A, 1-B, 1-C, and 1-D are contained within the currently adopted 2009 International Codes, as amendments. All the fees in these tables and in other current amendments are programmed into the current permit tracking software used by staff. If fees are revised, the software data and paper copies will need to be revised also. This can be completed in house, by staff, in approximately 30-40 hours. This proposed amendment to subsection 109.2 will reference the fee schedules approved by the Town Board. If this proposed amendment is not approved, and it is the intent of the Town Board for staff to assess fees associated with the administration of the International Codes, then the Board will need to establish and approve a fee schedule, and authorize staff to assess and collect said fees. The International Codes do not contain any fee schedules, except by reference or by separate process. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes amended, adopted and enforced by the Town of Estes Park. 45 109.3 Building permit valuations. REVISE this subsection as follows: The applicant for a permit shall provide the actual project value (contractor costs including profit) at time of application. Project valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final project valuation shall be set by the building official. Valuations for all projects shall be actual project values. The schedule of permit fees shall be reviewed and approved annually by the Board of Trustees of the Town of Estes Park. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit the actual project value (contractor costs including profit) at time of application. Permit Project valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit project valuation shall be set by the building official. Valuations for all projects shall be actual project values. The schedule of permit fees shall be reviewed and approved annually by the Board of Trustees of the Town of Estes Park. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. The fee Table 1-A uses project valuations to directly determine permit fees. To ensure equity and consistency in assessing fees, it is essential to establish a clear and specific method of determining project valuations. Increasing a project valuation will result in increased permit fees. The increase in permit fees is not directly proportionate to the increase in valuation, because the percentage of project valuation assessed as fees, decreases as the project valuation increases. The above proposed amendment clearly specifies the process by which the building official is to determine valuations. It is not the current process and will become part of the code if approved for adoption. Fees and how they are determined have been discussed by the Board of Appeals at multiple public meetings. The Board of Appeals supports using actual project valuations to assess fees. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 46 This is a significant change for multiple reasons. 1. Fees will not be incorporated into the International Codes as previously done through local amendments. 2. Plan review fees are recommended to be decreased from 65% to 50% of the permit fee for multiple reasons. First, permit fees will increase for all new construction based on using actual costs to determine project valuations. This will result in an increase in plan review fees. Second, due to high design wind loads, all structural details are required to be designed and stamped by a design professional (architect or engineer). Therefore, staff does not perform a complete structural review, only verification of proper structural design criteria and completeness. Staff does perform a complete life-safety review, accessibility review, etc. 3. Additionally, plan review fees may be reduced 50% if the quality of the submittals are such that the plans can be approved on first review. The goal of this decrease in fees is to incentivize quality plans. 4. Specific fees in Table 1-B have been increased to more accurately cover costs. 5. Actual costs for consultant services have been clarified. 6. Staff is also recommending a 30% increase in fees for Grading Permits to more accurately cover costs. This is not reflected in Tables 1-C and 1-D as presented. END SIGNIFICANT CHANGE 47 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the Fee Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Exception: Contractors who commence work before obtaining necessary permits shall be assessed an investigation fee equal to three times the permit fee. Contractors working without required permits shall have subsequent permit applications denied until the violation is appropriately resolved. Contractors who repeatedly work without required permits are subject to having their Town Building Contractor License revoked by the Chief Building Official, in addition to other remedies allowed by law. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 109.4 Work commencing before permit issuance. DELETE “electrical;” and, ADD the following at the end of this subsection. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in the Fee Schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Exception: Contractors who commence work before obtaining necessary permits shall be assessed an investigation fee equal to three times the permit fee. Contractors working without required permits shall have subsequent permit applications denied until the violation is appropriately resolved. Contractors who repeatedly work without required permits are subject to having their Town Building Contractor License revoked by the Chief Building Official, in addition to other remedies allowed by law. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 48 This is a current amendment and has proven to be very effective in communicating the need for town staff and contractors to work together. Contractors who willingly and repeatedly work without required permits put contractors who voluntarily obtain required permits and inspections at significant financial and time disadvantages when competing with non-compliant contractors. Also, most projects commenced prior to obtaining required permits consume a very disproportionate amount of staff time. This also negatively impacts contractors who voluntarily comply with permitting requirements and are waiting on action from staff, while staff is occupied with un-permitted work. Persons who work without permits unfairly force themselves to the front of the line. This provision is intended to be punitive, for failure to voluntarily comply with town building permit requirements. If the portion of this proposed amendment requiring triple investigation fees for contractors is not approved, staff recommends deletion of the first portion of this text requiring an investigation fee equal to the permit fee. This provision, when applied to un-informed and un-suspecting homeowners, is one of the building official’s most unpleasant responsibilities. The language in the first part (before the exception) of this proposed amendment is consistent with Larimer County requirements; and, was original code text in the Uniform Codes, prior to the International Codes. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes amended, adopted and enforced by the Town of Estes Park. 49 109.6 Refunds. DELETE original text; and, ADD new text as follows: 109.6 Refunds. The building official shall authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. The Building Official shall not authorize refunding of any fee paid for services which have been provided. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 109.6 Refunds. The building official is authorized to establish a refund policy. The building official shall authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. The Building Official shall not authorize refunding of any fee paid for services which have been provided. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 50 This is a current amendment and was original text in older legacy Codes (Uniform Codes). This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes amended, adopted and enforced by the Town of Estes Park. A minimum of 20% of all collected fees are allocated to general administrative and overhead costs. Because of time and effort expended by staff, these fees should be non- refundable when an applicant withdraws their application and/or permit. County taxes collected by the town cannot be refunded by the Town. The applicant must contact Larimer County for a refund. APPLICATION WITHDRAWN PRIOR TO PERMIT ISSUANCE: Plan Review Fees shall be refunded as follows: Plan Review not started. If a plan review has not been started, 20% of the plan review fee, collected with the application, will be retained for general administrative and overhead costs. The remainder of the plan review fee will be refunded. Plan Review partially completed. If the initial plan review has been started but not completed, fees will be assessed at the rate of $100 per hour for staff’s time and retained from the plan review fee. This fee is separate from and in addition to the 20% retained for general administrative and overhead costs. The remainder of the plan review fee will be refunded. Plan Review Completed. If the initial plan review has been completed, 100% of the plan review fee submitted with an application will be retained and there will be no refund. PERMIT ISSUED AND WITHDRAWN PRIOR TO PROJECT COMPLETION: Once permits are issued and the applicant withdraws the permit, no plan review fees shall be refunded. Permit fees shall be refunded as follows: Project not started. If a project has not been started, 20% of the permit fee will be retained for general administrative and overhead costs. The remainder of the permit fee will be refunded. Project partially completed. If a project has been started but not completed, fees will be assessed at the rate of $100 per hour for staff’s time and retained from the permit fee. This fee is separate from and in addition to the 20% retained for general administrative and overhead costs. The remainder of the permit fee will be refunded. Project At Least 50% Completed. If a project has been at least 50% completed, as determined by the building official, 100% of the permit fee will be retained and there will be no refund. 51 109.7 Expiration of plan review. ADD this subsection. 109.7 Expiration of plan review. Applications for which no permit is issued within one hundred and eighty (180) days following the date of application shall expire by limitation and plans submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding ninety (90) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This is a current amendment and helps clarify the requirements for records maintenance of old and/or withdrawn applications. Minimum 20% of all collected fees are allocated to general administrative and overhead costs. Because of time and effort expended by staff, these fees should be non-refundable. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 52 109.8 Re-inspections. ADD this subsection. 109.8 Re-inspections. A re-inspection fee as set forth in the fee schedule may be assessed for each inspection or re-inspection when such portion of work for which inspection is called for is not complete or when corrections previously called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to com ply with the requirements of this Code, but as controlling the practice of calling inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, for deviating from plans requiring the approval of the building official, or for failure to post a readily visible address as required by subsection 501.2. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the adopted fee schedule. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This is a current amendment and is a proven time management tool. This provision is intended to be punitive, primarily to discourage the practice of requesting inspections prior to being ready for them. This provision is also used to discourage contractors from using inspections as their project supervision plan. Allowing a few contractors or a few projects to monopolize staff’s time is not equitable to the majority of contractors who voluntarily cooperate with inspection requirements. Typically, this provision is applied only after verbal and written warnings have failed to achieve the required cooperation. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 53 SECTION 110 INSPECTIONS 110.3.5 Lath and gypsum board inspection. Add the following statements at the end; and, delete the exception. Interior grade gypsum board shall not be delivered or installed prior to the building envelope being water-tight. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Interior grade gypsum board shall not be delivered or installed prior to the building envelope being water-tight. Exception: Gypsum board and gypsum panel products that are not part of a fire- resistance-rated assembly or a shear assembl y. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. The first added sentence in this proposed amendment is a current amendment, is consistent with product requirements and is the standard industry practice. Keeping interior grade gypsum board (drywall) dry is a mold mitigation issue. Additionally, during the installation of wiring, the National Electrical Code requires wiring to be protected from exposure to water. Deleting the exception addresses staff concerns regarding fire-resistance-rated construction requirements and gypsum standards. Not all jurisdictions require inspections of gypsum board when it is not part of a fire-resistance-rated assembly or a shear assembly. Larimer County requires drywall inspections only at the final inspection. Because of local concerns, staff recommends following gypsum product guidelines, requiring inspections of all gypsum board installations and requiring them prior to product finishing. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 54 110.3.7 Energy efficiency inspections. ADD the following statements at the end of this subsection. Insulation shall not be installed prior to the building envelope being water-tight. Rough insulation inspections are required after cavity insulation has been installed. Insulation certifications shall be provided for all buildings and structures with conditioned air. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U- values, fenestration U- value, duct system R-value, and HVAC and water-heating equipment efficiency. Insulation shall not be installed prior to the building envelope being water-tight. Rough insulation inspections are required after cavity insulation has been installed. Insulation certifications shall be provided for all buildings and structures with conditioned air. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. The first part of this proposed amendment is current amendment and is consistent with product and industry standards. After exposure to wet conditions, some insulation products do not perform as intended. Additionally, moisture trapped in concealed cavities can result in air quality problems, such as mold and off-gassing. Requiring building envelopes to be water tight prior to installing insulation products and gypsum products is intended to address concerns related to water intrusion. The required inspections associated with these provisions include water barriers on walls and on roofs and flashings at openings (windows, doors, etc.) and at other locations, such as wall/roof interconnections. To comply with water barrier requirements on roofs, the permanent roof covering is required to be installed; or, approved underlayment membranes, far more expensive than typical materials, may be used to keep projects progressing before permanent roof coverings are completed. These more expensive underlayments are not required but are accepted, by current administrative policy of the building official, as alternate methods of compliance. Several roofing contractors have advised the building official, now that they are familiar with this underlayment alternative; they agree it is reasonable and should be required in our climate. 55 State statutes require every jurisdiction that adopts a building code (not a residential code) to also adopt an energy conservation code equal to or more restrictive than the 2006 International Energy Conservation Code (IECC). The provisions of the IECC require air barriers as part of the thermal envelope. These are in addition to the above mentioned water barriers to prevent water intrusion. Currently, the predominate building science is to build structures as water tight and as air tight as possible and control the interior environment with properly designed and properly installed mechanical systems. To accomplish this design concept, additional construction requirements and associated inspections are contained in the International Codes. These provisions have resulted and will continue to result in increased construction costs and increased construction timelines. Some stakeholders believe the code provisions to prevent water intrusion and to promote energy conservation are too restrictive. Staff supports these provisions as being consistent with the Town’s mission statement; being good stewards of public resources and our natural setting, especially since the town is a provider of two utilities (electricity and water). With the increased requirements of the International Energy Conservation Code (IECC), including its application to other systems and components, staff intends to facilitate substantial training regarding the requirements of the IECC. Staff believes energy conservation is important and of value to the local community; but, it is not a life-safety issue. Therefore, staff intends to implement, in phases, compliance with the requirements of the IECC which have significant impacts. Implementation will be subsequent to training for staff and for stakeholders. Staff is currently facilitating free energy code training through the Governor’s Energy Office, to be provided locally. The first training was facilitated on January 6th, with twenty stakeholders in attendance. 56 110.7 Contractor’s affidavit of compliance. ADD this subsection. 110.7 Contractor’s affidavit of compliance. In lieu of requesting an inspection, on a case by case basis, pre-approved contractors shall be permitted to submit a Contractor’s Affidavit of Compliance for the following work: 1. Attic final 2. Balance report for commercial forced air systems 3. Exterior wall and roof sheathing 4. Foundation foam insulation 5. Foundation damp-proofing, but not water-proofing 6. Foundation perimeter drain 7. Gas pipe, emergency replacement or single section of pipe 8. Hydronics piping 9. Mid-roof, if typical products and installations 10. Minor gypsum board installations not part of fire-resistance rated construction, or shear system 11. Minor insulation 12. Minor insulation installations 13. Minor plumbing minor 14. Pressure test for minor plumbing projects connected to an existing system, only the test is exempt, inspection is still required 15. Radon systems 16. Shower pans 17. Venting systems, for fuel-gas appliances, installed in existing concealed spaces such as chimneys, chases, etc. Examples: fireplace inserts, gas logs, etc. 18. Water service line, new and replacement 19. Window/door Flashing 20. Water resistive barrier A Contractor’s Affidavit of Compliance shall qualify for an inspection in this subsection, if it complies with all the following conditions: 1. The contractor shall be pre-approved by the chief building official. 2. The work shall be authorized by the appropriate permit, 3. The work shall be associated with an approved system. 4. The affidavit shall be on a form provided by the chief building official. A Contractor’s Affidavit of Compliance shall not exempt work from corrections, if the building official determines the work does not comply with the provisions of this code. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. 57 The first part of this proposed amendment is intended as staff’s response to stakeholders’ requests to decrease the number of required inspections. There are sufficient local concerns to require the inspections listed above and to warrant the conditions specified for affidavits. For example, contractors have experienced major mistakes in terms of cost and time when they have not previously worked in the Estes Valley and assume local requirements here are the same as in communities in the foothills. The intent of the latter part of this proposed amendment addresses this staff concern. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 58 SECTION 111 CERTIFICATE OF OCCUPANCY 111.2 Certificate issued. ADD the following statements at the end of this subsection. Exception: Certificates of Occupancy are not required for work exempt from permits under Section 105.2, miscellaneous permits, accessory buildings, or remodels and additions to existing buildings. If requested, Certificates of Completion shall be issued for remodels and additions. There shall be a fee for Certificates of Occupancy and Certificates of Completion, as set forth in the adopted fee schedule. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code, as adopted and enforced by the Town of Estes Park. 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner’s authorized agent 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 59 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. Exception: Certificates of Occupancy are not required for work exempt from permits under Section 105.2, miscellaneous permits, accessory buildings, or remodels and additions to existing buildings. If requested, Certificates of Completion shall be issued for remodels and additions. There shall be a fee for Certificates of Occupancy and Certificates of Completion, as set forth in the adopted fee schedule. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. Fees for Certificates of Occupancy, Temporary Certificates of Occupancy, Certificates of Completion and other services are established in Table 1-B of the approved fee schedule. This is a current amendment, and it is the industry standard. It provides clear direction to the building official regarding certificates and associated fees. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 60 111.3 Temporary occupancy. ADD the following sentence at the end of this subsection. There shall be a fee for Temporary Certificates of Occupancy as set forth in the fee schedule established in 109.2. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificat e of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. There shall be a fee for Temporary Certificates of Occupancy as set forth in the fee schedule established in 109.2 This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. Processing certain temporary certificates of occupancy (TCO) is very labor intensive, is very time-consuming and is occasionally used by some contractors to supervise their projects, by expecting staff to create punch lists. Assessing fees, based on staff time expended by all departments, helps limit such abuse of TCOs. One jurisdiction in the Front Range charges $800 per TCO as a means to discourage requests for them. Based on staff time expended, typical TCOs issued by the Building Division would cost $350-$500 (3.5-5 hours). Some TCOs have taken up to eight hours of staff time, and occasionally longer. Staff recommends assessing TCO fees based on the amount of staff time expended, which is directly proportionate to the number of unresolved issues. This current amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. Typically, time expended to process a TCO is the coordination of issues that were pro- actively identified and communicated by staff during the permitting process; and the permit holder did not or could not complete prior to requesting approval to use/occupy the building. There are many instances when issuing a TCO is good customer service; such as, financing timelines and deadlines, pre-scheduled moving dates, opening a business before peak business season, pre-planned events, property sales, inclement weather, etc. The building official is authorized, not required, to issue a TCO only if the building is safe to occupy. The code recognizes the value of TCOs, and so does staff. Contractors should be discouraged from abusing the TCO provision and encouraged to recognize it as a valuable resource when circumstances beyond their control create the need for a TCO. Staff also recognizes the level of service typically required to assist homeowners and anticipates these occasions; however, the code intends a TCO to be the exception, not the rule. 61 SECTION 113 BOARD OF APPEALS 113.1 General. REPLACE “applicable governing authority” with “Board of Trustees of the Town of Estes Park.” 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority Board of Trustees of the Town of Estes Park and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. This proposed amendment is intended to clarify the following fact: members of the board of appeals are appointed by local elected officials, the Town Board. 62 SECTION 113 BOARD OF APPEALS SECTION 113 BOARD OF APPEALS. ADD the following subsections to this SECTION. 113.4 Application for appeal. A person shall have the right to appeal a decision of the building official to the board of appeals. Persons appealing a decision of the building official to the Board of Appeals shall at the time of making such an appeal, pay to the Town of Estes Park, a fee as specified in the Fee Schedule per 109.2. 113.5 Application process. On a form obtained from the building official, the application for appeal shall be filed within 20 calendar days after the notice was served. 113.6 Scheduling of hearing. Upon receipt of a complete and timely appeal, the chief building official shall schedule a hearing. The hearing shall be held no earlier than fifteen (15) calendar days and no later than forty-five (45) calendar days after receipt of the appeal, or as soon as possible thereafter given the availability of the board of appeals members for the appeal hearing. 113.7 Notice of hearing. Written notice of hearing shall be given to all parties concerned at least fourteen (14) calendar days prior to the hearing or by mailing the same to such parties’ last known address by regular mail. The Board shall, from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. All meetings or hearings shall be open to the public. 113.8 Written statement. The chief building official shall make a written statement to the board of appeals on each appeal request. The chief building official shall make this statement available to the appellant at least seven (7) calendar days prior to the hearing. 113.9 Administration. The Board of Appeals’ shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The building official shall take immediate action in accordance with the decision of the board. 113.10 Court review. The appellant and/or the Town of Estes Park shall have the right to apply to a Colorado court of competent jurisdiction for a Writ of Certiorari to review the decision of the Board of Appeals. Application for this review shall be made to the court within thirty (30) days of the filing of the Board of Appeals’ decision with the building official. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 63 SECTION 113 BOARD OF APPEALS 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority Board of Trustees of the Town of Estes Park and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. 113.4 Application for appeal. A person shall have the right to appeal a decision of the building official to the board of appeals. Persons appealing a decision of the building official to the Board of Appeals shall at the time of making such an appeal, pay to the Town of Estes Park, a fee as specified in the Fee Schedule per 109.2. 113.5 Application process. On a form obtained from the building official, the application for appeal shall be filed within 20 calendar days after the notice was served. 113.6 Scheduling of hearing. Upon receipt of a complete and timely appeal, th e chief building official shall schedule a hearing. The hearing shall be held no earlier than fifteen (15) calendar days and no later than forty-five (45) calendar days after receipt of the appeal, or as soon as possible thereafter given the availability of the board of appeals members for the appeal hearing. 113.7 Notice of hearing. Written notice of hearing shall be given to all parties concerned at least fourteen (14) calendar days prior to the hearing or by mailing the same to such parties’ last known address by regular mail. The Board shall, from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. All meetings or hearings shall be open to the public. 64 113.8 Written Statement. The chief building official shall make a written statement to the board of appeals on each appeal request. The chief building official shall make this statement available to the appellant at least seven (7) calendar days prior to the hearing. 113.9 Administration. The Board of Appeals’ shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The building official shall take immediate action in accordance with the decision of the board. 113.10 Court review. The appellant and/or the Town of Estes Park shall have the right to apply to a Colorado court of competent jurisdiction for a Writ of Certiorari to review the decision of the Board of Appeals. Application for this review shall be made to the court within thirty (30) days of the filing of the Board of Appeals’ decision with the building official. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This proposed amendment is intended to promote the Board of Appeals to stakeholders in an informative and prominent manner. All of the International Codes provide for a Board of Appeals; however, the text is not consistent throughout the individual codes. This proposed amendment takes what staff believes is the best and/or the most useful language from each of the International Codes and combines it to clearly explain in detail the Board’s authority and the appeals process. Other proposed amendments to the remaining International Codes reference the Board of Appeals as amended and adopted in this code, the International Building Code (IBC). This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. Staff is also proposing to amend and to adopt Appendix B of this code, which provides additional provisions regarding the Board of Appeals. For this presentation, Appendix B has been taken out of sequence as it is located in the IBC, and is presented next. 65 APPENDIX B BOARD OF APPEALS APPENDIX B, BOARD OF APPEALS, is hereby AMENDED, INCLUDED in SECTION 113 Board of Appeals, and Adopted, as follows: 113.11 Membership of board. The board of appeals shall consist of persons appointed by the Board of Trustees of the Town of Estes Park as follows: 1. One for five years; one for four years; one for three years; one for two years; and one for one year. 2. Thereafter, each new member shall serve for five years or until a successor has been appointed. 113.11.1 Alternate members. The Board of Trustees of the Town of Estes Park shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed. 113.11.2 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines: 1. Registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. 2. Registered design professional with structural engineering experience. 3. Registered design professional with mechanical engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 4. Registered design professional with plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 5. Licensed general contractor with at least ten years’ experience. 66 113.11.3 Quorum. Three members shall constitute a quorum to conduct official business of the Board of Appeals. 113.11.4 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties. 113.11.5 Chairperson. The board shall annually select one of its members to serve as chairperson. 113.11.6 Disqualification of member. A member shall not hear an appeal, in which that member has a personal, professional or financial interest. 113.11.7 Secretary. The Director of Community Development shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the Town Administrator. 113.11.8 Compensation of members. Compensation of members shall be determined by law. 113.12 Notice of meeting. The board shall meet upon notice from the chairperson, within forty-five (45) calendar days after the filing of an appeal, or as soon as possible thereafter given the availability of the board of appeals members or at stated periodic meetings. 113.12.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the building official and any person whose interests are affected shall be given an opportunity to be heard. 113.12.2 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 113.12.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. 67 SECTION B101 GENERAL B101.1 Application. The application for appeal shall be filed on a form obtained from the building official within 20 days after the notice was served. B101.113.11 Membership of board. The board of appeals shall consist of persons appointed by the chief appointing authority Town Board of Trustees of the Town of Estes Park as follows: 1. One for five years; one for four years; one for three years; one for two years; and one for one year. 2. Thereafter, each new member shall serve for five years or until a successor has been appointed. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. B101.2. 113.11.1 Alternate Members. The chief appointing authority Board of Trustees of the Town of Estes Park shall appoint two alternate members who shall be called by the board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed. 113.13 Board decision. The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members. 113.13.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the building official. 113.13.2 Administration. The building official shall take immediate action in accordance with the decision of the board. 113.14 References. In this Code and in all adopted International Building Codes, all references to the board of appeals and/or means of appeal shall be the board of appeals as amended and adopted in the 2015 International Building Code. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 68 B101.2.2 113.11.2 Qualifications. The board of appeals shall consist of five individuals, one from each of the following professions or disciplines: 1. Registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. 2. Registered design professional with structural engineering experience. 3. Registered design professional with mechanical engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 4. Registered design professional with plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. 5. Licensed general contractor with at least ten years’ experience. 113.11.3 Quorum. Three members shall constitute a quorum to conduct official business of the Board of Appeals. B101.2.3 113.11.4 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties. B101.2.4 113.11.5 Chairperson. The board shall annually select one of its members to serve as chairperson. B101.2.5 113.11.6 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. B101.2.6 113.11.7 Secretary. The chief administrative officer Town Administrator shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer Town Administrator. B101.2.7 113.11.8 Compensation of members. Compensation of members shall be determined by law. B101.3 113.12 Notice of meeting. The board shall meet upon notice from the chairperson, within forty-five (45) calendar days after the filing of an appeal, or as soon as possible thereafter given the availability of the board of appeals members for the appeals hearing, or at stated periodic meetings. 69 B101.3.1 113.12.1 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the building official and any person whose interests are affected shall be given an opportunity to be heard. B101.3.2 113.12.2 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. B101.3.3 113.12.3 Postponed hearing. When five members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. B101.4 113.13 Board decision. The board shall modify or reverse the decision of the building official by a concurring vote of two-thirds of its members. B101.4.1 113.13.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be furnished to the appellant and to the building official. B101.4.2 113.13.2 Administration. The building official shall take immediate action in accordance with the decision of the board. 113.14 References. In this Code and in all adopted International Building Codes, all references to the board of appeals and/or means of appeal shall be the board of appeals as amended and adopted in the 2015 International Building Code. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. This appendix, as revised, is provided to the Board of Trustees for consideration as a proposed amendment. It contains additional provisions regarding the composition of and the rules of proceedings for the Board of Appeals. It also provides information to clearly communicate to stakeholders their potential for service. As with all appendices, this appendix is not part of the code unless specifically adopted. Staff recommends these provisions be incorporated into SECTION 113 Board of Appeals, as presented in this proposed amendment. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted and enforced by the Town of Estes Park. 70 CHAPTER 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY SECTION 406 MOTOR-VEHICLE-RELATED OCCUPANCIES 406.3.4.1 Dwelling Unit Separation. REPLACE references to ½ inch (12.7 mm) gypsum board with 5/8 inch (15.9 mm) type X. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 406.3.4.1 Dwelling unit separation. The private garage shall be separated from the dwelling unit and its attic area by means of gypsum board, not less than 1/2 inch (12.7 mm) in thickness 5/8 inch (15.9 mm) type X, applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than a 5/8- inch (15.9 mm) Type X gypsum board or equivalent and 1/2-inch (12.7 mm) 5/8 inch (15.9 mm) type X gypsum board applied to structures supporting the separation from habitable rooms above the garage. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel doors not less than 13/8 inches (34.9 mm) in thickness, or doors in compliance with Section 716.5.3 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment maintains historic practice, is a current amendment, and addresses staff’s concerns regarding fire-resistance-rated construction. 5/8 inch Type X gypsum board provides 40 minutes of fire-resistance compared to 15 minutes with ½ inch gypsum board. This requirement, as amended, has a proven performance record for fire containment, including in the Estes Valley. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 71 CHAPTER 5 GENERAL BUILDING HEIGHTS AND AREAS SECTION 501 GENERAL [F] 501.2 Address identification. ADD the following statement at the end of this subsection. … and the approved address numbers shall be displayed next to the driveway entrance leading to the project site. Address numbers shall be illuminated or reflective and shall be clearly readable from the right of way. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted by the Town of Estes Park. [F] 501.2 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained, and the approved address numbers shall be displayed next to the driveway entrance leading to the project site. Address numbers shall be illuminated or reflective and shall be clearly readable from the right of way. This amendment shall be applicable to, and is an amendment to each of the International Codes adopted and enforced by the Town of Estes Park. When seconds matter, quick and accurate identification of property addresses is essential to emergency responders. It is worth noting this requirement is retroactively applicable to existing buildings. Typically, the provisions of the International Codes are not intended to be applied retroactively to issues not related to work authorized by a permit. Exceptions are requirements with proven records of high success rates in saving lives. These requirements include, but are not limited to, proper address identification, smoke alarms and carbon monoxide detectors. This proposed amendment is intended to provide immediate and accurate address identification for emergency responders. With this proposed amendment, it is intended that illumination of address numbers may be achieved by exterior building lights, such as porch lights, etc., which can be switched on after calling 911. When there are no means to illuminate the address, it is required to be reflective. This proposed amendment is intended to be applicable to and is a proposed amendment to each of the International Codes adopted by the Town of Estes Park. 72 START SIGNIFICANT ISSUE SECTION 903 AUTOMATIC SPRINKLER SYSTEMS REVISE Section 903.2 and ADD subsection 903.2.13 as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13. 903.2.13 CD-Commercial Downtown Zone District Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13. In the CD-Commercial Downtown Zone District, all new construction and substantial improvements, regardless of use(s), require approved automatic sprinkler systems as specified in this section. In this zone district, all newly constructed and substantially improved buildings shall be protected with NFPA 13 compliant automatic sprinkler systems. New construction includes initial development and re-development (demolition and rebuild). Improvements include, but are not limited to, additions and remodels. Substantial improvements are improvements to buildings, which require permits and the value of the improvements exceed 50% of the pre-improvement value of the building. The provisions of this amendment are in addition to and do not exempt any requirements for automatic sprinkler systems contained elsewhere in this code. 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13. 903.2.13 CD-Commercial Downtown Zone District In the CD-Commercial Downtown Zone District, all new construction and substantial improvements, regardless of use(s), require approved automatic sprinkler systems as specified in this section. In this zone district, all newly constructed and substantially improved buildings shall be protected with NFPA 13 compliant automatic sprinkler systems. New construction includes initial development and re-development (demolition and rebuild). Improvements include, but are not limited to, additions and remodels. Substantial improvements are improvements to buildings, which require permits and the value of the improvements exceed 50% of the pre-improvement value of the building. The provisions of this amendment are in addition to and do not exempt any requirements for automatic sprinkler systems contained elsewhere in this code. The intent of this proposed amendment is to:  Increase fire protection in the CD district by facilitating the installation of automatic sprinkler systems. This proposed amendment is more restrictive than the codes, because it requires:  Automatic sprinkler systems, regardless of occupancy uses and regardless if otherwise required by the codes  Requires NFPA 13 systems As buildings undergo changes in occupancy (uses) over time, NFPA 13 systems will significantly benefit property owners by allowing greater uses with fewer requirements. END SIGNIFICANT ISSUE 73 CHAPTER 10 MEANS OF EGRESS SECTION 1011 STAIRWAYS 1011.5.1 Dimension reference surfaces. DELETE this subsection. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1011.5 Stair treads and risers. Stair treads and risers shall comply with Sections 1011.5.1 through 1011.5.3. 1011.5.1 Dimension reference surfaces. For the purpose of this section, all dimensions are exclusive of carpets, rugs or runners. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This current amendment deletes a provision in this code. The provision requires stair geometry to be approved prior to the installation of floor and/or stair finish materials. Staff has seen changes in stair geometry exceeding 1 ½ inches due to finished floor and/or stair coverings. The code allows a maximum 3/8 inch deviation in tread dimensions and a maximum 3/8 inch deviation in riser dimensions. Every year, in the United States, there are more than 800,000 serious accidents on stairs resulting in approximately 4,000 fatalities. After user in-attention, the documented number one cause of accidents on stairs is a change in geometry (dimensions). This proposed amendment addresses this issue and maintains the current practice of requiring dimensional uniformity of stairs at the final inspection. This is the condition in which stairs will be used; so, it is the condition in which they should be inspected. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 74 1011.7.3 Enclosures under interior stairways. DELETE the exception. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1011.7.3 Enclosures under interior stairways. The walls and soffits within enclosed usable spaces under enclosed and unenclosed stairways shall be protected by 1-hour fire-resistance-rated construction or the fire- resistance rating of the stairway enclosure, whichever is greater. Access to the enclosed space shall not be directly from within the stair enclosure. Exception: Spaces under stairways serving and contained within a single residential dwelling unit in Group R-2 or R-3 shall be permitted to be protected on the enclosed side with 1/2-inch (12.7 mm) gypsum board. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code by the Town of Estes Park. This proposed amendment maintains historic practice and the current amendment. It also addresses staff’s concerns regarding fire-resistance-rated construction. 5/8 inch Type X gypsum board provides 40 minutes of fire-resistance compared to 15 minutes with ½ inch gypsum board. The intent of this proposed amendment is to provide additional protection to the primary path between floors. When stairways are restricted or are not useable for self-rescue or for fire operations and rescues, the consequences can be loss of life or property. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 75 SECTION 1030 EMERGENCY ESCAPE AND RESCUE 1030.1 General. DELETE Exceptions 1 and 3. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1030.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue openings in Group R-2 occupancies in accordance with Tables 1006.3.2(1) and 1006.3.2(2) and Group R-3 occupancies. Basements and sleeping rooms below the fourth story above grade plane shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency escape and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. Exceptions: 1. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings. -1- 2. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. 3. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings. -2- This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. An emergency escape and rescue opening is a door or window, which meets specific dimensional criteria. The following commentary provides additional clarification as to the intent of deleting exceptions 1 and 3. 1. Without the requirement for an emergency escape and rescue opening, the building official may have to approve projects, which under fire conditions, might be un- necessarily dangerous to occupants and to fire fighters. Some older buildings have basements with ceiling heights less than 80 inches; and future changes, including uses, could result in such conditions. This proposed amendment is intended to mitigate such conditions. Also, see the proposed amendment to SECTION 1208, which is directly related to this proposed amendment. That proposed amendment is not recommended for approval, if this proposed amendment is not approved. 76 2. Every basement should have at least one emergency escape and rescue opening. This is a very important issue for rescue, for fire-fighting purposes and for the safety of fire fighters. For rescue and fire-fighting purposes, most fire personnel consider basements more dangerous than other floors. This is a current amendment and is similar to, but not completely consistent with, La rimer County requirements. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 77 1030.2 Minimum size. DELETE the Exception. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1030.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.53 m2). Exception: The minimum net clear opening for grade-floor emergency escape and rescue openings shall be 5 square feet (0.46 m2). This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. These openings are doors or windows. The minimum 5.7 square feet area is the area necessary for fire fighters in full gear to maneuver through the opening from a ladder. The reduced area is intended for close to ground openings that can be accessed without placing a ladder in the bottom of the opening. The ladder reduces the opening by .7 square feet. Installing a window with the reduced area in a location that does not qualify for the exception will be costly to correct, in both time and money. To avoid this potential, staff recommends deleting this exception. This exception is not a good fit for local mountain terrain. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 78 CHAPTER 11 ACCESSIBILITY SECTION 1101 GENERAL 1101.2 Design. ADD the following statements at the end of this subsection. Federal and/or state laws and regulations apply to the construction of facilities for accessibility to physically disabled persons. The Chief Building Official does not have the authority to interpret or the responsibility to enforce Federal and State accessibility laws. It is the responsibility of property owners, professional designers, and contractors to comply with Federal and State accessibility laws and requirements. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1. Federal and/or State laws and regulations apply to the construction of facilities (for accessibility to physically disabled persons). The Chief Building Official does not have the authority to interpret or the responsibility to enforce federal and state accessibility laws. It is the responsibility of property owners, professional designers, and contractors to comply with Federal and State accessibility laws and requirements. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment clearly advises stakeholders of their responsibilities and of the building official’s limitations regarding Federal and State accessibility laws. Approval of the building official is not a legal defense for violating civil rights. In addition to being a requirement of the Building Code, accessibility of buildings and facilities for physically disabled persons are Federal and State civil rights. Federal accessibility laws are enforced by the Department of Justice; and State accessibility laws are enforced by the Colorado Civil Rights Division. Some jurisdictions believe when public funds are used on any portion of a project, the local building official is expected, even if not authorized, to protect the interest of his or her employer, the local jurisdiction, by enforcing Federal and State accessibility laws. Staff requests specific direction from the Town Attorney as to staff’s authority and responsibility to interpret and/or enforce Federal and/or State accessibility regulations on projects using public funds. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 79 SECTION 1107 DWELLING UNITS AND SLEEPING UNITS 1107.6 Group R. ADD the following provisions at the end of this subsection. Additionally, Group R occupancies shall be provided with dwelling units or guest rooms accessible to the physically handicapped as specified in the most recent version of Colorado Revised Statutes Title 9 Article 5 Section 105 or as amended. A portion of Title 9 Article 5 is included below for reference: 9-5-105. [Formerly 9-5-111] Exemptions for certain privately funded projects. (1) Accessible dwelling units shall be provided as required in this article; except that this article does not apply to privately funded projects for the construction of a detached residence or residences or to other types of residential property containing less than seven residential units. For larger residential and transient accommodation projects, this article shall apply to one unit for each seven units or major fraction thereof, as follows: For the purpose of determining the number of accessibility points required pursuant to subsection (2) of this section, the accessible dwelling unit types shall have the following point values: ACCESSIBLE DWELLING ACCESSIBILITY POINT VALUE UNIT TYPE: PER DWELLING UNIT: Type A Dwelling unit 6 Type A Multistory dwelling unit 5 Type B Dwelling unit 4 Type B Multistory dwelling unit 3 Type B Visit able ground floor 1 (2) Residential projects. (a) A project shall be assigned accessibility points based on the number of units contained within the project as follows: NUMBER OF UNITS WITHIN THE ACCESSIBILITY POINTS PROJECT: REQUIRED: 0-6 0 7-14 6 15-28 12 29-42 18 43-57 24 58-71 30 72-85 36 86-99 42 100-114 48 80 115-128 54 129-142 60 143-157 66 158-171 72 172-185 78 186-199 84 ETC. + 6 Additional points every 14 units or fraction thereof (b) A project shall include enough accessible dwelling units to achieve at least the specified number of accessibility points required pursuant to paragraph (a) of this subsection (2). A project may use any combination of accessible dwelling unit types to comply with this section. 9-5-106. Implementation plan. The building of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority* in such project’s jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9-5-105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued. *State of Colorado, Department of Regulatory Agencies, Civil Rights Division, Housing Compliance Specialist 1-800-262-4845. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1107.6 Group R. Accessible units, Type A units and Type B units shall be provided in Group R occupancies in accordance with Sections 1107.6.1 through 1107.6.4. Additionally, Group R occupancies shall be provided with dwelling units or guest rooms accessible to the physically handicapped as specified in the most recent version of Colorado Revised Statutes Title 9 Article 5 Section 105 or as amended. A portion of Title 9 Article 5 is included below for reference: 81 9-5-105. [Formerly 9-5-111] Exemptions for certain privately funded projects. (1) Accessible dwelling units shall be provided as required in this article; except that this article does not apply to privately funded projects for the construction of a detached residence or residences or to other types of residential property containing less than seven residential units. For larger residential and transient accommodation projects, this article shall apply to one unit for each seven units or major fraction thereof, as follows: For the purpose of determining the number of accessibility points required pursuant to subsection (2) of this section, the accessible dwelling unit types shall have the following point values: … *State of Colorado, Department of Regulatory Agencies, Civil Rights Division, Housing Compliance Specialist 1-800-262-4845. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment is consistent with the current amendments of the Town of Estes Park and Larimer County. If this proposed amendment is approved, it authorizes and directs staff to interpret and enforce these provisions as part of this code. If this amendment is not approved, staff requests specific direction from the Town Attorney as to staff’s authority to interpret and responsibility to enforce these State accessibility regulations, commonly referred to as CRS 9-5. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. Regarding accessibility requirements, the issue of tolerances is a significant concern for local stakeholders. Because accessibility is not only a code requirement but also a civil right, staff has applied a literal and exact interpretation of these requirements in the codes. Local stakeholders believe staff has been too rigid in the application of accessibility requirements and have asked for tolerances to be determined and specified. In response, staff has consulted with Federal, State and regional experts in this field. Staff has secured and reviewed some definitive industry resources specifying tolerances for various aspects of the construction industry. Recognized industry tolerances specific to accessibility have not been discovered; although there has been considerable discussion, including the development of some regional recommended guidelines. Staff believes there are no industry tolerances specific to accessibility, because industry tolerances apply regardless of accessibility requirements. In other words, there is no higher standard for accessibility features; and there is no lower standard for accessibility features. Based on this premise, all of staff’s applications of accessibility requirements are supported by established industry standards for the relative issues. However, this does not address the request of stakeholders to specify what the tolerances are. 82 The following paragraph has been copied and paraphrased. It demonstrates this local concern is not unique to our community. “The dilemma is as follows: accessible features of a building have to comply with prescriptive dimensional requirements as specified in the applicable standard (ADA, Building Code, ANSI A117.1, etc.). These precise measurements are sometimes not met during construction due to feasibility and /or incorrect design and/or construction. The dimensions may only vary slightly from the specific requirement. Correction of the variation may not be practical or incur substantial cost to the owner. On the other hand, as communities, we need to ensure that all features are usable and within comfortable reach of the disabled individuals in buildings. Recognizing this dilemma, there is the need to produce a consensus document that provides for minor variations from the specific dimensional requirements, while ensuring that such variation will not render the facility unusable for the disabled.” Staff has identified at least four resources that might be used by staff and stakeholders to facilitate a consensus process to establish reasonable tolerances for accessibility requirements: 1. Handbook of Construction Tolerances, Second Edition, David Ballast, AIA, CSI 2. Initiative on Dimensional Tolerances in Construction Surface Compliance Design Issues, David Ballast, AIA, CSI, March 2007 3. 2003 ICC/ANSI Guidelines: For Accessible and Useable Buildings and Facilities 4. Accessibility Appeals Board Report, City of Santa Monica, CA, November 20, 2007, Tolerances for Accessible Construction Staff has serious concerns that some tolerances reached by general consensus may not be minor and could possibly violate the requirements of Federal and/or State accessibility regulations. As a more appropriate means to establish tolerances, staff recommends designers specify tolerances based on existing industry standards as part of their designs. Approved plans will then include the requested tolerances, at least to some degree. Staff recommends any consensus process be limited to establishing tolerances not otherwise known to exist. Staff recommends prior to implementation, accessibility tolerances established by consensus should be approved by the Board of Appeals, which has the authority to approve alternate designs and materials determined to be equal to or better than the minimum requirements of this code. 83 CHAPTER 12 INTERIOR ENVIRONMENT SECTION 1208 INTERIOR SPACE DIMENSIONS 1208.2 Minimum ceiling heights. ADD Exception 5. Exceptions: … 5. All basements in new construction, other than those basements clearly identified as cellars or mechanical spaces, shall have ceiling heights as required for habitable spaces. Where existing non-habitable basements, constructed prior to the adoption of this code, are being converted to habitable uses, the building official shall be permitted to approve a minimum clear ceiling height of 6 foot 8 inches (2032 mm) from the finished floor; and beams, girders, ducts or other obstructions may project to within 6 feet, 4 inches (1931 mm) of the finished floor. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1208.2 Minimum ceiling heights. Occupiable spaces, habitable spaces and corridors shall have a ceiling height of not less than 7 feet 6 inches (2286 mm). Bathrooms, toilet rooms, kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center shall be permitted to project not more than 6 inches (152 mm) below the required ceiling height. 2. If any room in a building has a sloped ceiling, the prescribed ceiling height for the room is required in one-half the area thereof. Any portion of the room measuring less than 5 feet (1524 mm) from the finished floor to the ceiling shall not be included in any computation of the minimum area thereof. 3. The height of mezzanines and spaces below mezzanines shall be in accordance with Section 505.1. 4. Corridors contained within a dwelling unit or sleeping unit in a Group R occupancy shall have a ceiling height of not less than 7 feet (2134 mm). 84 5. All basements in new construction, other than those basements clearly identified as cellars or mechanical spaces, shall have ceiling heights as required for habitable spaces. Where existing non-habitable basements, constructed prior to the adoption of this code, are being converted to habitable uses, the building official shall be permitted to approve a minimum clear ceiling height of 6 foot 8 inches (2032 mm) from the finished floor; and beams, girders, ducts or other obstructions may project to within 6 feet, 4 inches (1931 mm) of the finished floor. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment is identical to the current amendment and to the current Larimer County amendment. The first part, regulating new construction, helps eliminate the issue addressed in the second part, which regulates existing conditions. While the first part increases the standard and therefore increases costs, the latter text allows property owners greater uses of older structures. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 85 1503.7 Roof Curbs. ADD the following subsection. 1503.7 Roof Curbs. Mechanical units, ducts, piping or structures shall not be installed or replaced or rest on roofs without being properly supported by curbs, pads, bases or piers which shall be flashed to the roofing in a watertight manner. All unsupported sections of mechanical equipment shall be a minimum of twelve (12) inches (304.8 mm) above the plane of the roof so that they will not obstruct the re-roofing process. Mechanical units shall properly connect to heating, air handling, refrigeration and ventilation equipment, including fans, blowers, and similar types of equipment. Units shall be so located that proper drainage from the roof will not be blocked or impeded. Roof curbs surrounding openings shall be sheathed over solidly and covered with a minimum of twenty-six (26) gauge (0.48 mm) metal approved for the use, or of equal material. All seams and miter corners shall be constructed in a watertight manner. Such curbs shall be a minimum of nine (9) inches (228.6 mm) in height. This amendment shall be applicable to, and is an amendment to the International Existi ng Building Code and the International Residential Code adopted by the Town of Estes Park. This is a current amendment and a current Larimer County Amendment. This proposed amendment is intended to minimize future costs associated with the replacement of roof coverings and/or the replacement of roof top appliances and equipment. It is also intended to maintain proper roof drainage when new and/or different appliances and/or equipment are installed on roofs. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 86 START SIGNIFICANT CHANGE CHAPTER 15 ROOF ASSEMBLIES AND ROOFTOP STRUCTURES SECTION 1505 FIRE CLASSIFICATION [BF] 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. Exception 1: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. TABLE 1505.1a, b MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IA IB IIA IIB IIIA IIIB IV VA VB B B B Cc B Cc B B Cc For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2. Footnotes not printed. Exception 2: In all designated wildfire hazard areas and in the CD–Commercial Downtown zone district, all new and replacement roof coverings shall be Class A or a component of a minimum one-hour roof assembly. . Class A, B or C is a measure of the external spread of flame on a roof surface. A number of fire test laboratories including Underwriters Laboratories (UL) and FM Global (FM), conduct this test using either the ASTM E 108 or UL 790 Standard. The best rating achieved is Class A, which is described by UL as “effective against severe fire exposure.” The intent of this proposed amendment is to mitigate the potential spread of fires in wildfire hazard areas and in the CD-Commercial Downtown district. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) adopted by the Town of Estes Park. END SIGNIFICANT CHANGE 1505.1 General. ADD Exception 2: Exception 2: In all designated wildfire hazard areas and in the CD–Commercial Downtown zone district, all new and replacement roof coverings shall be Class A or a component of a minimum one-hour roof assembly. 87 START SIGNIFICANT CHANGE CHAPTER 16 STRUCTURAL DESIGN SECTION 1607 LIVE LOADS Table 1607.1 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS, L0, AND MINIMUM CONCENTRATED LIVE LOADSg. ADD the following to Occupancy or Use 5: Residential Decks 80 Uniform (psf) Residential Decks with hot tubs 150 Uniform (psf) Table 1607.1 REVISE Occupancy or Use 25: Habitable attics and sleeping areas. Change 30 Uniform (psf) to 40 Uniform (psf) This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. TABLE 1607.1 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS, L0, AND MINIMUM CONCENTRATED LIVE LOADSg OCCUPANCY OR USE UNIFORM (psf) CONCENTRAT ED (lbs) 1. Apartments (see residential) -- -- 2. Access floor systems Office use Computer use 50 100 2,000 2,000 3. Armories and drill rooms 150 4. Assembly areas and theatres Fixed seats (fasted to floor) Follow spot, projections and control rooms Lobbies Movable seats Stages and platforms 60 50 100 100 125 -- 5. Balconies (exterior) and decksh Residential Decks Residential Decks with hot tubs 20 lb greater than snow load 150 -- 25. Residential One- and two-family dwelling Uninhabitable attics without storage i Uninhabitable attics with limited storagei,j,k Habitable attics and sleeping areas k All other areas Hotels and multiple-family dwellings Private rooms and corridors serving them Public rooms and corridors serving them 10 20 30 40 40 40 100 -- 88 Balconies and Decks. This proposed amendment addresses increased design snow loads as recommended by the Structural Engineer’s Association of Colorado (SEAC). SEAC has recently completed a revised snow load study and is recommending ground snow loads in the Estes Valley be increased to minimum 65 PSF. This issue will be further discussed in the next proposed amendment. This proposed amendment maintains historic practice and the current amendment of requiring deck loads greater than floor loads based on multiple factors. These factors include, but are not limited to, stacking firewood on decks, snow sliding off of roofs onto decks, hot tubs installed on decks not designed for them, etc. The deck loads address local concerns of staff and are not consistent with Larimer County. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. During the last code adoption process, at least one structural engineer recommended higher design loads for decks. At that time, Staff recommended changing the current and historic requirement of 60 psf to 80 psf. Catastrophic deck failures are not uncommon. (Google “deck failures.”) Residential Floors. The change in residential floor loads is intended to avoid costly mistakes in the field. It requires design floor loads for residential structures to be consistent, at 40 pounds per square foot. The issue of the interior design floor load is not necessarily structural failure, rather performance. The difference between structural failure and performance is illustrated by the following two examples; the first is related to floors, and the second is related to window walls. 1. A floor collapse is a catastrophic structural failure; dishes rattling in a hutch, when someone walks across the floor, is an example of a performance failure. 2. A tall window wall will deflect in the wind. A wall collapse is a catastrophic structural failure; the wall deflecting in the wind to the point it cracks caulking is a performance failure. The codes not only consider catastrophic failures, structural and otherwise, they also consider performance issues. Experts agree performance is worth considering when determining minimum design criteria. The question stakeholders ask is: how much consideration should the codes give to performance, especially since the codes are minimum requirements. END SIGNIFICANT CHANGE 89 START SIGNIFICANT CHANGE SECTION 1608 SNOW LOADS TABLE 1608.2 DELETE the original table; and, REPLACE it as follows: TABLE 1608.2 MINIMUM DESIGN GROUND SNOW LOADS, Pg, for the Town of Estes Park ELEVATION SNOW LOAD 7,000 to 8,000 feet (2133.6M to 2438.3M) 65 psf 8,001 to 9,000 feet (2438.7M to 2743.2M) 75 psf 9,001 feet and above (2743.5M & up) 90 psf This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. TABLE 1608.2 GROUND NOW LOADS, p g, FOR ALASKAN LOCATIONS LOCATION POUNDS PER SQUARE FOOT LOCATION POUNDS PER SQUARE FOOT LOCATION POUNDS PER SQUARE FOOT Adak 30 Galena 60 Petersburg 150 Anchorage 50 Gulkana 70 St. Paul Islands 40 Angoon 70 Homer 40 Seward 50 Barrow 25 Juneau 60 Shemya 25 Barter Island 35 Kenai 70 Sitka 50 Bethel 40 Kodiak 30 Talkeetna 120 Big Delta 50 Kotzebue 60 Unalakleet 50 Cold Bay 25 McGrath 70 Valdez 160 Cordova 100 Nenana 80 Whittier 300 Fairbanks 60 Nome 70 Wrangell 60 Fort Yukon 60 Palmer 50 Yakutat 150 90 TABLE 1608.2 MINIMUM DESIGN GROUND SNOW LOADS, Pg, for the Town of Estes Park ELEVATION SNOW LOAD 7,000 to 8,000 feet (2133.6M to 2438.3M) 65 psf 8,001 to 9,000 feet (2438.7M to 2743.2M) 75 psf 9,001 feet and above (2743.5M & up) 90 psf This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment increases current design snow loads by 20 pounds per square foot. This translates to a 29%-44% increase in snow loads depending on elevation. These proposed design snow loads are based on the most recent data from the Structural Engineers Association of Colorado (SEAC). These snow loads are not consistent with Larimer County. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. END SIGNIFICANT CHANGE 91 START SIGNIFICANT CHANGE SECTION 1609 WIND LOADS 1609.3 Ultimate Design Wind Speed. ADD the following text at the end of the first paragraph of this subsection. The ultimate design wind speed, in accordance with Section 26.5.1 of ASCE 7, shall be determined by the Colorado Front Range Gust Map, 2013, Jon A Petrerka, which is a part of this code by reference. Default Exposure shall be C, unless a Colorado registered professional engineer or licensed architect proposes alternate exposures based on site specific conditions. Designers shall be permitted to take advantage of site and structure specific conditions including, but not limited to, Exposure B when appropriate and altitude correction as follows: Altitude Correction Factors for Wind Pressures Altitude (ft) up to 7,000 8,000 9,000 10,000 Pressure Correction Factor 0.81 0.79 0.76 0.74 For structures required to be designed by a Colorado registered professional engineer or licensed architect, submittals shall specify the minimum sea-level ultimate design wind speed (3 second gust), the exposure, the elevation, and the elevation-based pressure correction factor, if used. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1609.3 Ultimate design wind speed. The ultimate design wind speed, Vult, in mph, for the determination of the wind loads shall be determined by Figures 1609.3(1), 1609.3(2) and 1609.3(3). The ultimate design wind speed, Vult, for use in the design of Risk Category II buildings and structures shall be obtained from Figure 1609.3(1). The ultimate design wind speed, Vult, for use in the design of Risk Category III and IV buildings and structures shall be obtained from Figure 1609.3(2). The ultimate design wind speed, Vult, for use in the design of Risk Category I buildings and structures shall be obtained from Figure 1609.3(3). The ultimate design wind speed, Vult, for the special wind regions indicated near mountainous terrain and near gorges shall be in accordance with local jurisdiction requirements. The ultimate design wind speeds, Vult, determined by the local jurisdiction shall be in accordance with Section 26.5.1 of ASCE 7. 92 In non-hurricane-prone regions, when the ultimate design wind speed, Vult, is estimated from regional climatic data, the ultimate design wind speed, Vult, shall be determined in accordance with Section 26.5.3 of ASCE 7. The ultimate design wind speed, in accordance with Section 26.5.1 of ASCE 7, shall be determined by the Colorado Front Range Gust Map, 2013, Jon A Peterka, which is part of this code by reference. This wind speed is in accordance with the Colorado Front Range Gust Map, Design Wind Speeds for use with IBC and ASCE 7, which is a part of this code by reference. Default Exposure shall be C, unless a Colorado registered professional engineer or licensed architect proposes alternate exposures based on site specific conditions. Designers shall be permitted to take advantage of site and structure specific conditions including, but not limited to, Exposure B when appropriate and altitude correction as follows: Altitude Correction Factors for Wind Pressures Altitude (ft) up to 7,000 8,000 9,000 10,000 Pressure Correction Factor 0.81 0.79 0.76 0.74 For structures required to be designed by a Colorado registered professional engineer or licensed architect, submittals shall specify the minimum sea-level ultimate design wind speed (3 second gust), the exposure, the elevation, and the elevation-based pressure correction factor, if used. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted b y the Town of Estes Park. 93 94 95 96 This proposed amendment recommends adopting ultimate design wind speeds, (3 second gust) and the Study and Maps by Dr Jon A Peterka, 2013. The Study and Maps have been endorsed by the Structural Engineers Association of Colorado (SEAC) and the Colorado Chapter of the International Code Council (CCICC). The Study and/or the Maps have been accepted and/or adopted by jurisdictions in Northeastern Colorado, including adoption of the previous Map by Larimer County. Approving this proposed amendment will be in compliance with the requirements of the 2015 International Building Code and with the provisions of the American Society of Civil Engineers for determining ultimate design wind speed. Approving this proposed amendment will not significantly change wind loads, rather change the way we talk about wind speed. When we talk about mph or kph, the numeric values are different, but the speed is not. When we talk about an ultimate wind speed of 180 mph or a nominal wind speed of 140 mph, the pressures or wind loads are substantially the same, only the way we talk about wind speed has changed. Staff has identified the following considerations, which are recommended for inclusion in the decision-making process regarding adopting an ultimate design wind speed: 1. In the Town of Estes Park, there is very minimal history of structural failures caused by wind. This does not include known performance concerns. 2. The standard used to determine the recommended 180 mph ultimate wind speed (140 mph nominal wind speed), is a wind event with a 2% probability of occurring in any given year. This is the International standard used for determining wind design loads for Risk Category II buildings and structures. 3. There is no recorded date of the last time such a wind event occurred in the Estes Valley; however, a lower probability wind event occurred in the City of Windsor, Colorado, in 2008 and in the Estes Valley in 2012. 4. Current construction designs typically do not provide the structural redundancy found in older designs. We do not use the same building designs we used in the past. 5. Typically, current construction materials are engineered products which, due to incorrect installation, may be more susceptible to repetitive member failure than natural wood products. We do not build with the same materials we built with in the past. 6. Our community will live with our decisions for two, three, or four generations (50- 100 years). This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. END SIGNIFICANT CHANGE 97 SECTION 1611 RAIN LOADS 1611.1 Design rain loads. Each portion of a roof shall be designed to sustain the load of rainwater that will accumulate on it if the primary drainage system for that portion is blocked plus the uniform load caused by water that rises above the inlet of the secondary drainage system at its design flow. The design rainfall shall be based on the 100-year hourly rainfall rate indicated in Figure 1611.1 or on other rainfall rates determined from approved local weather data. R = 5.2(ds + dh) (Equation 16-35) For SI: R = 0.0098(ds + dh) where: dh =Additional depth of water on the undeflected roof above the inlet of secondary drainage system at its design flow (i.e., the hydraulic head), in inches (mm). ds = Depth of water on the undeflected roof up to the inlet of secondary drainage system when the primary drainage system is blocked (i.e., the static head), in inches (mm). R = Rain load on the undeflected roof, in psf (kN/m2). When the phrase "undeflected roof" is used, deflections from loads (including dead loads) shall not be considered when determining the amount of rain on the roof. Minimum design rain loads Location Inches/Hour GPM/Sq. Ft. 60-Minute Duration, 100-Year Return: Estes Park 2.66 .0275 This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. Required amendments include providing information specific to the adopting jurisdiction. This is the current amendment and is consistent with Larimer County requirements. This amendment provides minimum design criteria to designers. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. Staff intends to revisit this design criteria after the new hydrology study is completed for the Estes Valley. 1611.1 Design rain loads. ADD the following minimum design criteria. Minimum design rain loads Location Inches/Hour GPM/Sq. Ft. 60-Minute Duration, 100-Year Return: Estes Park 2.66 .0275 This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 98 SECTION 1612 FLOOD LOADS 1612.3 Establishment of flood hazard areas. REVISE this subsection as follows: 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the Town Board of Trustees of the Town of Estes Park shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for the Town of Estes Park,” dated December 19, 2006, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority Town Board of Trustees of the Town of Estes Park shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for [INSERT NAME OF JURISDICTION] the Town of Estes Park,” dated [INSERT DATE OF ISSUANCE] December 19, 2006, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. Required amendments include providing information specific to the adopting jurisdiction. Floodplain overlay districts are established and regulated in the Estes Park Municipal Code, 17.28, Floodplain Regulations. The building official is the designated administrator of floodplain regulations in the town. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 99 SECTION 1613 EARTHQUAKE LOADS 1613.3.3 Site coefficients and adjusted maximum considered earthquake spectral response acceleration parameters. ADD the following minimum design criteria at the end of this subsection. Minimum Seismic Design criteria shall be: Earthquake 0.2 sec spectral response acceleration, Ss = 22.5, Site Class B Earthquake 1.0 sec spectral response acceleration, S1 = 7.00, Site Class B This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1613.3.3 Site coefficients and adjusted maximum considered earthquake spectral response acceleration parameters. The maximum considered earthquake spectral response acceleration for short periods, S MS, and at 1-second period, SM1, adjusted for site class effects shall be determined by Equations 16-37 and 16-38, respectively: SMS = FaSs (Equation 16-37) SM1 = FvS1 (Equation 16-38) where: Fa = Site coefficient defined in Table 1613.3.3(1). Fv = Site coefficient defined in Table 1613.3.3(2). SS = The mapped spectral accelerations for short periods as determined in Section 1613.3.1. S1 = The mapped spectral accelerations for a 1-second period as determined in Section 1613.3.1. TABLE 1613.3.3(1) VALUES OF SITE COEFFICIENT Faa SITE CLASS MAPPED SPECTRAL RESPONSE ACCELERATION AT SHORT PERIOD SS ≤ 0.25 SS = 0.50 SS = 0.75 SS = 1.00 SS ≥ 1.25 A 0.8 0.8 0.8 0.8 0.8 B 1.0 1.0 1.0 1.0 1.0 C 1.2 1.2 1.1 1.0 1.0 D 1.6 1.4 1.2 1.1 1.0 E 2.5 1.7 1.2 0.9 0.9 F Note b Note b Note b Note b Note b a. Use straight-line interpolation for intermediate values of mapped spectral response acceleration at short period, Ss. b. Values shall be determined in accordance with Section 11.4.7 of ASCE 7. 100 Minimum Seismic Design criteria shall be: Earthquake 0.2 sec spectral response acceleration, Ss = 22.5, Site Class B Earthquake 1.0 sec spectral response acceleration, S1 = 7.00, Site Class B This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This is a current amendment and is consistent with Larimer County requirements. This proposed amendment verifies minimum seismic design criteria for designers and for plan reviewers. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 101 CHAPTER 17 SPECIAL INSPECTIONS AND TESTS SECTION 1705.11 SPECIAL INSPECTIONS FOR WIND RESISTANCE 1704.6.2 Special inspections for wind resistance. ADD the following statement to the beginning of this subsection. When required by the chief building official, 1704.6.2 Special inspections for wind resistance. ADD the following statement to the end of this subsection. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1704.6.2 Special inspections for wind resistance. When required by the chief building official, special inspections for wind resistance specified in Sections 1705.11.1 through 1705.11.3, unless exempted by the exceptions to Section 1704.2, are required for buildings and structures constructed in the following areas: 1. In wind Exposure Category B, where Vasd as determined in accordance with Section 1609.3.1 is 120 miles per hour (52.8 m/sec) or greater. 2. In wind Exposure Category C or D, where Vasd as determined in accordance with Section 1609.3.1 is 110 mph (49 m/sec) or greater. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This provision requires special inspectors for light frame construction in high wind areas. Light frame construction (wood) describes almost every structure built in town; and, the Estes Valley is in a high wind area. Regardless of the mi nimum design wind speed required by the town, the code has identified this area as a special wind region due to its mountainous location. This is why the code required a wind study for the area. This special wind region designation results in increased construction costs. Current staff has the experience and expertise to provide most of these inspections. This proposed amendment is intended to authorize staff to provide these required inspections and still provide the chief building official authority to determine when special inspectors are necessary. This current and proposed amendment is intended to reduce construction costs. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 102 CHAPTER 18 SOILS AND FOUNDATIONS SECTION 1805 DAMPPROOFING AND WATERPROOFING 1805.3 Waterproofing. ADD the following statement at the end of this subsection. As determined by the chief building official, foundation walls shall be waterproofed in compliance with the provisions of this subsection, when such walls enclose habitable spaces on the uphill side of a building, and positive drainage away from the wall is not provided. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1805.3 Waterproofing. Where the ground-water investigation required by Section 1803.5.4 indicates that a hydrostatic pressure condition exists, and the design does not include a ground-water control system as described in Section 1805.1.3, walls and floors shall be waterproofed in accordance with this section. As determined by the chief building official, foundation walls shall be waterproofed in compliance with the provisions of this subsection, when such walls enclose habitable spaces on the uphill side of a building, and positive drainage away from the wall is not provided. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. All foundations enclosing habitable spaces below grade are required to be damp-proofed, but not necessarily water-proofed. This current and proposed amendment is intended to address staff’s concern to mitigate water intrusion into habitable spaces below grade. This provision will require water-proofing on foundation walls on the uphill side of buildings on slopes, if adequate positive drainage away from the wall cannot be provided. Fixes after project completion are very expensive compared to applications during original construction. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 103 1805.4.2 Foundation drain. ADD the following statement at the end of this subsection. Foundation drains are part of the design of the foundation system. Foundation drains are required for all habitable structures. When required by the chief building official, foundation drains shall be designed and/or inspected by a Colorado registered professional engineer or licensed architect. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1805.4.2 Foundation drain. A drain shall be placed around the perimeter of a foundation that consists of gravel or crushed stone containing not more than 10-percent material that passes through a No. 4 (4.75 mm) sieve. The drain shall extend a minimum of 12 inches (305 mm) beyond the outside edge of the footing. The thickness shall be such that the bottom of the drain is not higher than the bottom of the base under the floor, and that the top of the drain is not less than 6 inches (152 mm) above the top of the footing. The top of the drain shall be covered with an approved filter membrane material. Where a drain tile or perforated pipe is used, the invert of the pipe or tile shall not be higher than the floor elevation. The top of joints or the top of perforations shall be protected with an approved filter membrane material. The pipe or tile shall be placed on not less than 2 inches (51 mm) of gravel or crushed stone complying with Section 1805.4.1, and shall be covered with not less than 6 inches (152 mm) of the same material. Foundation drains are part of the design of the foundation system. Foundation drains are required for all habitable structures. When required by the chief building official, foundation drains shall be designed and/or inspected by a Colorado registered professional engineer or licensed architect. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This current and proposed amendment is intended to address a local concern to prevent water intrusion into habitable spaces below grade. In certain locations and/or near certain geological features, this is a common condition. Post construction fixes to water intrusion problems are very expensive compared to proactive applications during original construction. When ground water is encountered, the best and most cost effective mitigation is during the foundation construction phase. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 104 1805.4.3 Drainage discharge. ADD the following statements at the end of this subsection. Foundation perimeter drains shall not discharge into a public sewer system. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. 1805.4.3 Drainage discharge. The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved drainage system that complies with the International Plumbing Code. Foundation perimeter drains shall not discharge into a public sewer system. Exception: Where a site is located in well-drained gravel or sand/gravel mixture soils, a dedicated drainage system is not required. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. Both local sanitation districts (Estes Park Sanitation and Upper Thompson Sanitation) treat all water conveyed in their systems. They do not want to incur expenses to treat ground water and/or rain water. This current and proposed amendment is intended to address this stakeholder concern. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. 105 START SIGNIFICANT CHANGE CHAPTER 29 PLUMBING SYSTEMS SECTION 2902 MINIMUM PLUMBING FACILITIES 2902.2 SEPARATE FACILITIES. ADD the following exception: 4. Separate facilities shall not be required in structures or tenant spaces containing a use where the primarily service is carry-out foods and/or carry-out drinks, and seating is provided for not more than fifteen (15) persons and the total occupant load does not exceed 49. 2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less. 4. Separate facilities shall not be required in structures or tenant spaces containing a use where the primarily service is carry-out foods and/or carry-out drinks, and seating is provided for not more than fifteen (15) persons and the total occupant load does not exceed 49. This proposed amendment addresses a local concern experienced by some current and perspective business owners who want to primarily offer carry-out foods and/or drinks or want to remodel a space currently containing such a use. If the use is classified as a “B” business occupancy, then separate sex restroom facilities must be provided when the occupant load exceeds 15 persons. Such businesses may or may not provide seating for their waiting customers as a convenience, intending to provide carry-out services as the primary use. In small buildings and tenant spaces, the costs of providing a second accessible restroom can be significant ($30,000.00 on average), often making the project not viable. Additionally, an accessible restroom typically occupies at least fifty square feet of floor space, which is also significant when providing two such facilities in a small business space. The intent of this proposed amendment is to require carry-out food and/or carry-out drink establishments who do not primarily provide dine-in services, to provide only a single restroom if the total occupant load is less than 50. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building C ode (IEBC) adopted by the Town of Estes Park.Staff is waiting on a determination from the Larimer County Health Department on this issue. END SIGNIFICANT CHANGE 106 START SIGNIFICANT CHANGE CHAPTER 36 WILDFIRE HAZARD MITIGATION CHAPTER 36 WILDFIRE HAZARD MITIGATION. ADD this chapter. Wildfire hazard mitigation requirements for new construction shall be pursuant to the most recent Larimer County Wildfire Hazard Mitigation Plan which is hereby adopted by reference. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This proposed amendment is intended to keep the town consistent with requirements in the un-incorporated Estes Valley. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. Staff and the Board of Appeals do not agree on this issue. It is the recommendation of the Board of Appeals to adopt the Larimer County wildfire hazard mitigation by reference. The town building official believes the County standards are insufficient to adequately protect the town from wildfire hazards. Therefore, the building official is recommending additional requirements for structures located in designated wildfire hazard areas. These requirements include, but are not limited to, Class A roof coverings or minimum one-hour rated roof assemblies, increased sprinkler requirements, etc. Please see commentary on wildfire provisions in the IRC for additional information. END SIGNIFICANT CHANGE 107 APPENDIX J GRADING Add and adopt Appendix J, Grading, as follows: J103.3 Grading fees. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in Tables 1-C and 1-D of the approved fee schedule. J103.3.1 Plan review fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table 1-C. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site the fee shall be based on the volume of excavation or fill, whichever is greater. J103.3.2 Grading permit fees. A fee for each grading permit shall be paid to the chief building official as set forth in Table 1-D. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. This amendment shall be applicable to, and is an amendment to the International Existing Building Code and the International Residential Code adopted by the Town of Estes Park. This current and proposed amendment maintains historic practice and is a current amendment. Apart from this appendix, there are no provisions in the codes regulating earth work (grading, excavations, etc.). Appendices are not part of the code and do not apply unless specifically adopted. This proposed amendment is intended to be applicable to and is a proposed amendment to the International Existing Building Code (IEBC) and the International Residential Code (IRC) adopted by the Town of Estes Park. END OF SIGNIFICANT CHANGES/ISSUES AND PROPOSED LOCAL AMENDMENTS TO THE 2015 IBC                    February 23, 2016  Policy on Naming of Town Facilities  Update on Consideration of Transit Going Year Round in Order to Qualify for Federal Funding  Updated Long Range Pavement Improvement Program March 1, 2016  Final Joint Study Session on Vacation Home Rentals – Board of County Commissioners, Planning Commission and Town Board March 8, 2016  Review of Custom Questions for Biennial Survey  Discussion of Utility Metering Infrastructure March 22, 2016  Status Report on Capital Improvement Plan Process Items Approved – Unscheduled: (Items are not in order of priority)  Discussion of Annexation Philosophy (Proposed March 8, 2016 – Ericson)  Schedule for Personnel Policies  How the Board Handles Off Cycle Requests for Funding From Outside Organizations  Work Plan for Code Changes  Discussion of Impact Fees and Other Funding Options to Support Housing Goals  Fish Hatchery Property Discussion  CIRSA Training for Board of Trustees  Briefing and Discussion of US 34 Rebuild Project with CDOT  Special Session – New Board Orientation  Discuss the Role of Town Government in Economic Development as it Relates to the Estes Valley EDC and Other Organizations  Briefing on Storm Drainage and Flood Management Issues and Management Options. Discussion of Storm Water Utility.  Update on Environmental Assessment NEPA Process Draft Concerning the Loop  Follow Up on Broadband Issues Study Session Items for Board Consideration:  Discussion of Town Hydrology Study and Implications (Proposed June 14, 2016) Future Town Board Study Session Agenda Items February 9, 2016