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HomeMy WebLinkAboutPACKET Town Board 2004-12-14ague¥* Prepared 12/09/04 *REVISED 12/14/04 /<ORNIOk The Mieeion of the Town of Estes Fark ie to plan and provide reliable, h10h-value eervices for our citizene, vieitore, and employees. We tai<e 0reat pride eneuring and enhancind the quality of life In our community by Deing 0004 etewards of public reeources and natural Settling. vrEERS, BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 14,2004 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 23,2004,2004. 2. Bills. 3. Committee Minutes: Utilities, December 9,2004 A. Water Tap Fee Waiver, Estes Park Salud Foundation ($16,000). *4. Intent to Annex Resolution #19-04 for Beaver Point Heights Addition; set public hearing on January 25,2005. MOVED TO 1/11/05 AGENDA. *5. Intent to Annex Resolution #20-04 for Fall River Second and Third Addition; set public hearing on January 25,2005. MOVED TO 1/11/05 AGENDA. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for the following Consent Agenda Item. If the Applicant, Public or Town Board wish to speak to this item, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. PRELIMINARY CONDOMINIUM MAPS: Riverspointe Downtown, Lots 17, 18, 19, & 20, Hupps Addition Block 6, Town of Estes Park, Applicant: Cardinal Properties, LLC. 1. ACTION ITEMS: Mayor Baudek: Open the Public Hearing: A. Mayor - Open Public Hearing B. Staff Report C. Town Attorney White read Resolution #21-04 & Ordinances #8-04 & #9-04 1 D. Public Testimony E. Mayor - Close Public Hearing F. Motion to Approve/Deny. 1. BROOKSIDE ADDITION ANNEXATION REQUEST - BROOKSIDE ADDITION. RESOLUTION 21-04 & ORDINANCE 8- 031: Worldmark by Trendwest, Lots 1, 2, and 3 and Outlot A, Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the NE 1/4 of Section 35, T5, R73W of the 6th P.M., being a Portion of Lot 7, Summervilla Subdivision, Applicant: Trendwest Resons. Mayor Baudek: Open the Public Hearing: A. Mayor - Open Public Hearing B. Staff Report C. Town Attorney White read Ordinance #9-04 D. Public Testimony E. Mayor - Close Public Hearing F. Motion to Approve/Deny. 2.A. REZONING REQUEST FROM A-ACCOMMODATION TO C-0 COMMERCIAL OUTLYING, ORDINANCE #9-04: Worldmark by Trendwest, Lots 1, 2, and 3 and Outlot A, Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the NE 1/4 of Section 35, T5, R73W of the 6th P.M., being a Portion of Lot 7, Summervilla Subdivision, Applicant: Trendwest Resorts. AND 2.B. PLANNED UNIT DEVELOPMENT (P.U.D.): Worldmark by Trendwest PUD 04-02, Lots 1, 2, and 3 and Outlot A, Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the NE 1/4 of Section 35, T5, R73W of the 6th P.M., being a Portion of Lot 7, Summervilla Subdivision, Applicant: Trendwest Resorts. 2. ACTION ITEMS: 1. PUBLIC HEARING - 2003 INTERNATIONAL CODES - ORDINANCE # 7- M. Chief Building Official Birchfield. • International Residential Code • International Building Code • International Existing Building Code • International Mechanical Code • International Fuel Gas Code • International Plumbing Code • International Energy Conservation Code 2. REAPPOINTMENT: ESTES VALLEY PLANNING COMMISSIONERS. Mayor Baudek: Richard E. Homeier and Edward Pohl, 4-yr. terms, expiring 12/31/08. 2 44 Prepared 12/09/04 *REVISED 12/14/04 3. LIQUOR LICENSING: TRANSFER OF OWNERSHIP FROM SANG & INJA PARK TO DCT INTERNATIONAL CORP./WOOSEONG KIM, dba . MOUNTAIN DEW LIQUOR. Town Clerk O'Connor. 4. RECALL PETITION - RESOLUTION #22-04 SETTING SPECIAL ELECTION. Town Clerk O'Connor. 5. 2004 BUDGET - SUPPLEMENTAL BUDGET RESOLUTION #23-04. Town Administrator Repola. 6. TOWN ADMINISTRATOR'S REPORT. 7. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. NOTE: The next regularly scheduled Town Board meeting is scheduled January 11,2005. 3 Town of Estes Park, Larimer County, Colorado, November 23,2004 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 23rd day of November, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: David Habecker, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT (Please state your name and address). None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 9,2004. 2. Bills. 3. Committee Minutes: A. Public Works, November 18, 2004: 1. Budgeted Tractor Purchase, Bi-State Machinery, $16,650. 2. Municipal Building Rooftop Dish Lease with Estes Valley.Net. 4. Estes Valley Board of Adjustment, November 2, 2004 (acknowledgement only). 5. Estes Valley Planning Commission, November 16, 2004 (acknowledgement only). It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. Board of Trustees - November 23,2004 - Page 2 lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the following Consent Agenda Items: 1. CONSENT ITEMS: Mayor Baudek opened the Public Hearing for all Consent Agenda Items, and advised that if the Applicant, Public or Town Board wish to speak to any of these consent items, they will be removed from the Consent Item" Agenda. 1. SUPPLEMENTAL CONDOMINIUM MAPS. A. Solitude 11 Condominiums, Unit 9, Supplemental Map #2, Lot 2, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. B. Park River West Supplemental Map XVI, Lots 1 and 2, Park River West Subdivision, Richard H. Wille TrusVApplicant. There being no testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Newsom/Doylen) Items 1. A. and B. be approved, and it passed unanimously. 2. ACTION ITEMS: 1. 2005 CVB MARKETING BOARD APPOINTMENTS. Business Development Dir. Pickering noted that the 2005 CVB Board is recommending the following civic leaders be re-appointed to serve a second 1 -yr. term: Cory Blackman Dorla Eisenlauer Chris Hill Paul Holgorsen Jerry Indermuehle Lee Lasson Sue Doylen, Chair The mission of the 2005 CVB Board will be to continue to create the policies that the CVB will operate by, and make those recommendations to the Town Board for final approval. Mayor ProTem Doylen reported that the CVB is recommending the CVB Marketing Board name be changed to CVB Policy Advisory Committee. The one-year term length, number of board members and member diversity and expertise was discussed. It was moved and seconded (Newsom/Pinkham) all six members listed above be re-appointed to the CVB Policy Advisory Committee, for a one year term, expiring 9/30/05, and it passed unanimously. Director Pickering commended his staff on the recent relocation of CVB offices this week to the Visitors Center. 2. MEMORANDUM OF UNDERSTANDING (AMENDED) BETWEEN THE ESTES PARK POLICE DEPT. AND THE ESTES PARK MEDICAL CENTER. Police Chief Richardson provided background information on the existing 1992 MOU for exchange of services (ambulance dispatch services and police assistance with medical calls for service in exchange for adjusted emergency room expenses associated with prisoner treatment; $4,000 cap), and staffs review to determine equity and economy of scale. The review revealed current practices were not equitable and the MOU has been amended as follows: Board of Trustees - November 23,2004 - Page 3 • Increase the cap to $8,000 annually for emergency room prisoner treatment. • Provide forensic sexual assault examinations. • Provide blood screens for DUI and drug cases. • Provide EMD training for dispatchers. The budget impact is $13,000 minus forensic examination expenses and blood draws. The Estes Park Medical Center has executed the MOU and staff is seeking Town Board approval. Following discussion, it was moved and seconded (Pinkham/Doylen) the Memorandum of Understanding (Amended) between the Estes Park Police Dept. and the Estes Park Medical Center be approved, and it passed unanimously. 3. AMENDING MUNICIPAL CODE SECTION 5.20 BUSINESS LICENSING REGULATIONS FOR ACCOMMODATION UNITS AND VACATION HOMES, ORDINANCE #4-04. Town Attorney White and Community Development Dir. Joseph reviewed the events to date that culminated with preparation of the revised Ordinance being presented this evening. The Community Development Committee reviewed the final draft November 4~h and recommended approval contingent upon the addition of 2 individuals per bedroom plus 2, not to exceed a total of 8 individuals for vacation homes. Director Joseph added that 3 notable changes were made: (1) pooling of multiple condos under single license under one site), (2) vacation homes - language was restated that allows 2 guests/bedroom plus 2 for a total of 8 guests, and (3) a grandfather clause was added for currently licensed short-term rental properties. Trustee Levine reported he attended the public meeting and he commended Administrator Repola and staff for their management of a potentially explosive isswe, and he applauded staffs willingness to listen to the public. Attorney White read pertinent portions of the Ordinance, and it was moved and seconded (Pinkham/Doylen) Ordinance 4-04 be adopted, and it passed unanimously. 4. TOWN ADMINISTRATOR'S REPORT. A. Economic Indicators Report. September RMNP visits were down 12.5%; traffic counts indicate a 2.3% increase (estimate), and the report indicates slight positive growth over 2003. B. Senior Center Pie Sale. Eighth Graders participated in this annual Senior Center event and they were commended for their participation. C. Museum "Hats" Exhibit . This new exhibit opens December 3rd and all were encouraged to attend. D. Christmas Parade, 11/26. The annual Christmas Parade is scheduled November 260 5. REQUEST TO ENTER EXECUTIVE SESSION: Conference with Town Attorney White for the purpose of receiving legal advice on specific legal questions under Section 24-6-402(4)(b) C.R.S. Motion: It was moved and seconded (Doylen/Levine) the Town Board go into Executive Session for a conference with Town Attorney White for the purpose of receiving legal advice on the underground storage tank matter, under C.R.S. Section 24-6-402(4)(b), and it passed unanimously. Board of Trustees - November 23,2004 - Page 4 Whereupon Mayor Baudek adjourned the meeting at 7:48 p.m. to Executive Session, stating that the Board will reconvene in Open Session; however, no formal action is expected. Mayor Baudek reconvened the Board at 8:15 p.m. and adjourned the meeting. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, December 9,2004. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 901 day of December 2004. Committee: Chairman Jeffrey-Clark, Trustees Newsom and Pinkham Attending: All Also Attending: Town Administrator Repola, Utilities Director Goehring, Senior Electrical Engineer Matzke, and Deputy Clerk Williamson Absent Trustee Pinkham Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. WATER DEPARTMENT Estes Park Salud Foundation - Request Water Tap Fee Waiver. Salud is requesting a waiver of the non-accommodation commercial class water tap for the proposed future site of their office adjacent to the Good Samaritan Subdivision along Dry Gulch Road. Salud has applied for a Community Development Block Grant to help finance the building through the County Department of Human Services and the Colorado Department of Local Affairs. Both organizations have stated Town contribution for the construction of the new building is an important component of the grant application. The tap market value is estimated at $16,000. The Town has waived tap fees for non-profit groups in the past. Salud has agreed to reimburse the water tap fee if the building is sold on the open market within the next 10 years. Mark Richards, President/Estes Park Salud Foundation reported that an addition to the current structure was considered; however, construcinga new building is the most cost- effective approach. In the event that Salud can raise the funds necessary to build, the Town may consider waiving the building permit fees. The Committee recommends approval of the water tap fee waiver as requested. Reports > Committee reviewed financial reports for Light & Power and Water departments for the month of November. > Fiber optics installation is almost complete. ~ The concrete floor for the water tank located on MacGregor Mountain was poured on December 3rd and construction will be shut down until this spring for the protection of the bighorn sheep. * Upper Broadview water line replacement has begun. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 8:25 a.m. Jackie Williamson, Deputy Town Clerk RESOLUTION NO. 19-04 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as "BEAVER POINT HEIGHTS ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A tract of land located in the Northwest 1/4 of Section 35, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northwest corner of said Section 35 and with all bearings relative to the North line of the Northwest 1/4 of said Section 35 considered as bearing S 89°34'00" E; thence S 82°45'00" E a distance of 1088.00'; thence S 12°43'38" W 31.06'; thence S 84°29'59" E 94.32' to a #4 rebar and the TRUE POINT OF BEGINNING; thence S 83°40'48" E 223.24' along the north line of Beaver Point Heights Subdivision to the Northeast corner of said lot 10; thence S 83°31'26" E 674.49' along the North line of the Beaver Point Heights Subdivision; thence S 72°52'41" W 638.14' along the South line of said Beaver Point Heights Subdivision to the Southeast corner of lot 5; thence continuing along said South line S 72°52'51" E 209.76', thence N 13°08'13" W 359.68' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 3.50 Acres. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held Tuesday, January 25,2005 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R. S. DATED this day of , 2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ~ 63-6- ,#32*2*22·5§2 25'zat , 1 e £ 11 1 . B 13 5 2%:W 832@*F 1 28* lig uln=<2F 1 - u & ZW - ZAP t-4 0- Wor <(~ DE LL ~ NOE >< 25+5 m\ M¢-0 W¢Z U.*Z O *D fy C) 1Z Ch W i. «~ U) I {1 1- 1- O. I O 0 ....~ li~i E-- te 1\ r 5% 3 A. _31.- C. 0/11 1 --1_1 \1 »/1 1,4 012 8 -+Ir---laer. 0 -n r + 0 4 4 -[1 -1- r - 4 <Ju,oe[ 4 - Z W L N 2 E- '-wmo m nd> /12 .i, E %84=% A-fb~ fi\\ & 1111 9 0 t./ 16 JZ ILLAJE- 0 W 4 0. QZ 1 *t 00 (0 Elf) 1 €3 & .- DI 08-00//2 ht, /3'Ulit LL ' r. 74 0 m d r__i I 19 ER POINT HEIGHTS ANNE ,0001: l 3 [VDS A PORTION OF RANGE 73 RESOLUTION NO. 20-04 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as "FALL RIVER SECOND ADDITION and FALL RIVER THIRD ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Second Addition A tract of land located in the Southeast 1/4 of Section 16 and the Northwest 1/4 of Section 15, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particulady described as commencing at the Northwest comer of said Section 15 as monumented by a 2 1/2" brass cap on a 1" pipe and with all bearings relative to the West line of the Northwest 1/4 of said Section 15 considered as bearing N 01°19'00"E, the south end of said line being monumented by a 2 1/2" G.L.O. brass cap stamped 1925; thence S 01°19'00" W a distance of 824.59' to a Highway Right-of-Way monument, more particularly described as a 3" brass cap in concrete at station 270+50 and the TRUE POINT OF BEGINNING; thence departing said section line 574.10' on a curve to the left along the northerly edge of the highway right-of-way with a radius of 1,960.0' and a chord bearing of N79°10'01"W and a chord length of 572.05'; thence N87°44'13"W a distance of 145.98'; thence N87°25'35"W a distance of 197.72'; thence N73°56'30"W a distance of 130.68'; thence N73°53'49"W a distance of 177.36'; thence departing said right-of-way N75°14'12"W a distance of 716.21'; thence S63°08'34"E a distance of 285.74'; thence 662°58'00"E a distance of 151.10'; thence S62°37'05"E a distance of 234.02'; thence departing southern edge of said highway right-of-way SOO°58'00"W 268.40' more or less to the centerline of Fall River; thence southeasterly along the centerline of said Fall River 683°25'44"E a distance of 516.99'; thence continuing along centerline of river S82°14'56"E a distance of 276.02'; thence S82°14'56"E a distance of 49.46'; thence S74°13'56"E a distance of 117.25'; thence S74°57'54"E a distance of 46.38'; thence departing said centerline of river N01°19'00"E a distance of 195.39' to the southern edge of the highway right-of-way; thence along said right-of-way S78°34'21"E a distance of 304.97' to the east section line of said Section 16; thence departing said section line and continuing along said southern right-of-way S69°29'00"E a distance of 85.00'; thence departing said highway right-of-way S37°52'00"W a distance of 134.70'; thence N88°41'00"W a distance of 235.70'; thence S01°19'00"W a distance of 120.04' more or less to the said centerline of Fall River; thence continuing along said centerline of Fall River S67°03'46"E a distance of 50.88' thence continuing along said centerline S53°01'57"E a distance of 190.50'; thencJ N89°17'01"E a distance of 33.39'; thence EAST a distance of 528.00'; thence NOO°00'00"E a distance of 330.00'; thence N89°54'55"W a distance of 100.44' to the said northern edge of the highway right-of-way; thence along said right-of-way N53°48'00"W a distance of 3.34'; thence N69°29'00"W a distance of 441.58' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 15.97 Acres. Third Addition A tract of land located in the Southeast 1 /4 of Section 16 and the Northwest 1/4 of Section 15, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northwest corner of said Section 15 as monumented by a 2 1/2" brass cap on a 1" pipe and with all bearings relative to the West line of the Northwest 1/4 of said Section 15 considered as bearing N 01°19'00" E, the south end of said line being monumented by a 2 1/2" G.L.O. brass cap stamped 1925; thence S 01°19'00" W a distance of 824.59' to a Highway Right-of-Way monument, more particularly described as a 3" brass cap in concrete at station 270+50 and the TRUE POINT OF BEGINNING; thence departing said section line 574.10' on a curve to the left along the northerly edge of the highway right-of-way with a radius of 1,960.0' and a chord bearing of N79°10'01"W and a chord length of 572.05'; thence N87°44'13"W a distance of 145.98'; thence N87°25'35"W a distance of 197.72'; thence N73°56'30"W a distance of 130.68'; thence N73°53'49"W a distance of 177.36'' thence departing said right-of-way N75°14'12"W a distance of 716.21'; thence S63°08'34"E a distance of 285.74'; thence S62°58'00"E a distance of 151.10'; thence S62°37'05"E a distancd of 234.02'; thence departing southern edge of said highway right-of-way SOO°58'00"W 268.40' more or less to the centerline of Fall River; thence southeasterly along the centerline of said Fall River S83°25'44"E a distance of 516.99' thence continuing along centerline of river S82°14'56"E a distance of 276.02';' thence S82°14'56"E a distance of 49.46'; thence S74°13'56"E a distance of 117.25'; thence S74°57'54"E a distance of 46.38'; thence departing said centerline of river N01°19'00"E a distance of 195.39' to the southern edge of the highway right-of-way; thence along said right-of-way S78°34'21"E a distance of 304.97' to the east section line of said Section 16; thence departing said section line and continuing along said southern right-of-way S69°29'00"E a distance of 85.00'; thence departing said highway right-of-way S37°52'00"W a distance of 134.70'; thence N88°41'00"W a distance of 235.70'; thence S01°19'00"W a distance of 120.04' more or less to the said centerline of Fall River; thence continuing along said centerline of Fall River S67°03'46"E a distance of 50.88'; thence continuing along said centerline S53°01'57"E a distance of 190.50'; thence N89°17'01"E a distance of 33.39'; thence EAST a distance of 528.00'; thence N00°00'00"E a distance of 330.00'; thence N89°54'55"W a distance of 100.44' to the said northern edge of the highway right-of-way; thence along said right-of-way N53°48'00"W a distance of 3.34'; thence N69°29'00"W a distance of 441.58' more or less to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 12.91 Acres. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held Tuesday, January 25,2005 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. DATED this day of ,2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ~ ~ ~1_£ ~ N13'53'49*,N FOUND 1 PIPE FOUND HWY R-O-W 3 BRASS CAP IN CONCRETE N87*25'35W O. S. H/GHWAY NO. 34 1 7, 'FC / FOUND HWY R-0-W 3" BRASS CAP thi CONCRETE \0 El.#'S: 3516409001 -/ UGH 3516409011 NO INFORMATION . ~ -SEE NOTE #4 ·v.'2 * 00 ..NO LCR#:· 2000027143 INFORMAnON f PARCEL#: 3516400093 \ -SEE NOTE #4 A. SET 30' W:C. LCR#; 86053391 i ~PARCEL#: 3516410001 €43:25~47 - 418 PARCEL#· 3516408001 1.29' THROUGH 3516408011 AU £.Uu CENTERUNE OF FALL _j~ . -- C 8 14' RIVER-SEE NOTE #7 JAAL£ 24£.U. ...... l I ... 1 FISH HATCHOrf 4*22 /6.Ue 42*L',..6 414, \ 4\ ... . . I : .. 0./.-DI/i.,6/'ll 11 1 1 -.1 . . a *01*trY: 93@61. I »; 7 I. I . 9 " t4·-3'19- 1 1 1 .. . .1 1/1 ' - 1 . 1 9£«2..Ml Z VLY#-711't :· :1 , € · 17,·rt·,U .1&24 + „- . 2#L.+11 4.4 1 49.Uklo .-16*WaR·'M ' ".--2.-~~73*X.. Mv/I , VICINITYj MAP 0 :SCALE t'-1800~.3- t' . 1 4 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: December 8,2004 Subject: Riverspointe Downtown, Lots 17, 18,19, & 20, Hupps Addition Block 6, Town of Estes Park, Applicant: Cardinal Properties, LLC Background. This is a preliminary condominium map application to condominiumize a proposed 20,592 square foot, two-story building on the former site of Bob's Amoco, at the corner of West Elkhorn Avenue and Wiest Drive. The address of the lot is 172 West Elkhorn Avenue. This 0.379-acre lot is zoned "CD" Downtown Commercial. The proposed development will be a public/private partnership between the Estes Park Urban Renewal Authority and Cardinal Properties. The first floor will contain four units with 3,889 square feet of retail space and one unit, owned by EPURA, with 4,750 square feet of space, which may be used for a cultural arts facility. An alternative use of EPURA's unit is to divide it into four retail rental spaces. The second floor will contain nine residential units, six studios and three one-bedroom units, ranging in size from 975 square feet to 1,045 square feet. The Planning Commission conditionally approved the Riverspointe Downtown Development Plan #04-10 and recommended conditional approval of the preliminary condominium map at their November 16, 2004 meeting. Planning Commission recommended that the development plan serve as the preliminary condominium map because the preliminary condominium requires compliance with the same adequate public facility standards with which the development plan must comply. All Planning Commission recommended conditions of approval that were required to be satisfied prior - i U to Town Board review have been satisfied. i »0- n 841-p--1 4 .tv_ --···1 C 1-1 E Budget. None. -% ,40#~,khorn7Ave· TrinT'Affd~,.itx-i* Action. R6'erspt,In lili'111111#4 waN"d 1 Downs., N jjillil-/Mn '- R Approval of the preliminary condominium map with the 4-* conditions of approval recommended by the Planning L - ~ng ti,~ Commission. Community Development - Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner Date: December 14,2004 Subject: Trendwest Project: Annexation, Rezoning, Planned Unit Development E- . 6 L Background. This is a request f A A-1/ >1 by Ankrom Moisan Architects, a «6 ,- Portland Oregon company, on behalf of Trendwest Resorts, a /' /0-' 1 1„1 IrL ...6/ Seattle Washington based company. This is a proposal to (town limits) redevelop the existing 64 CO o commercial accommodations ° 0 units at the Big Thompson %°De~ E-1 Timberlane Lodge into 66 accommodations units, all with a 0 kitchens. ./-n 1,>4\~ A Planned Unit Development "PUD" is requested to facilitate this proposal. Therefore, this is a request to rezone the property to "CO", and to "overlay" a PUD development plan. In addition to these requests, the southern portion of the site is being annexed into the Town, and an amended plat to consolidate the lots will be filed. The applicant has requested to delay the amended plat until after completion of the project, and Staff is supportive of this request. The property fronts on both Moraine Avenue and Riverside Drive, with a bridge spanning the Big Thompson River. The majority of the property is currently zoned "A" Accommodations, with an undeveloped "CO" commercially zoned lot located along Moraine Avenue. The site totals 6.44 acres. Budget The proposed annexation would bring an additional 2.15-acres of commercially taxed property into the Town of Estes Park (the valuation of this property will not be calculated until building permits are applied for). Action. At their regularly scheduled November 16 meeting, the Estes Valley Planning Commission approved these Findings: 1. This is a request by Ankrom Moisan Architects on behalf of Trendwest Resorts for a 66 unit Planned Unit Development. 2. The site is located at 740 Moraine and 825 Riverside Drive, a portion of which is within unincorporated Larimer County and a portion of which is within the Town of Estes Park. The Town Clerks office is currently processing an annexation request. 3. This PUD proposal complies with the Estes Valley Plan. 4. This proposal requires height and setback variances to be granted by the Estes Valley Board of Adjustments. These applications are pending, and are scheduled before the BOA on Tuesday, December 7. 5. This proposal complies with applicable requirements of the Estes Valley Development Code. 6. The property is within a mapped "alluvial fan" hazard area. 7. This proposal has been forwarded to the Colorado Division of Wildlife for review and comment. 8. The applicant has submitted information supporting reduced levels of parking requirements. 9. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 10. Per Section 10.5.K3, no building permit shall be issued until an improvement agreement has been executed. On that same date, the Planning Commission voted to recommend APPROVAL of the 'Trendwest" Annexation, Rezoning, and Planned Unit Development CONDITIONAL TO: 1. Prior to issuance of the first building permit, the applicant shall submit an "agreement to merge" (subject to approval by the Town Attorney) and applicable filing fee. •Page 2 2. The applicant shall, within three months of issuance of the final certificate of occupancy, submit an amended plat that will, at a minimum: (a) Maintain PID 3526412003 (the commercial lot on Moraine) as a separate lot and combine the remaining lots; (b) Dedicate a 10' trail easement along the south side of the Big Thompson River; (c) Restrict access on Moraine Avenue to the existing point; (d) Include the Moraine Avenue sign on the main lot; (e) Address ROW width on Riverside Drive; and, (f) Provide a drainage easement for surface ditch on Lot 3. 3. Per Section 10.5.K3, no building permit shall be issued until an improvement agreement has been executed. Improvements should include: parking lot and associated paving, sidewalks and trail, all required utilities, fire hydrants, as-built plans, required landscaping, landscaping warranty, future amended plat costs, replacement bridge, emergency crash gate. 4. The "public service easement" shall be vacated prior to issuance of any building permits. 5. The well located on the western portion of the property shall be abandoned prior to issuance of the first building permit. 6. Copies of applicable federal permits shall be submitted with first building and/or grading permit application. 7. The proposed emergency crash gate shall be subject to review and approval of the Fire Chief. 8. The foundations of new structures shall be designed in compliance with the submitted soils report. 9. Construction Plans shall be reviewed and approved by Estes Park Public Works prior to issuance of the first building permit. These shall include utilities, drives and retaining walls, erosion control plans and root protection. 10.Compliance with memos from Upper Thompson Sanitation District (David Brand, October 15, 2004 and November 2,2004; and Ron Witt, October 20,2004). 11.Compliance with Public Works memo dated October 20,2004. A "stormceptor" (or equal approved by the Town of Estes Park) be placed at discharge points. 12.A pedestrian trail shall be built along the Big Thompson River from the eastern property line to a point near the pool area. Please note: Technical conditions already corrected have not been included. •Page 3 Suggested Motions. Action Item #1: I move approval of the requested Brookside Annexation CONDITIONAL TO inclusion in the Northern Colorado Water Conservancy District prior to water service by the Town of Estes Park. Action Item #2: I move approval of the requested rezoning of Outlot A, Lot 1, Lot 2 of Timberlane Subdivision and the Brookside Addition, AND I move acceptance of Planning Commission Findings, and approval of the requested Trendwest Planned Unit Development (PUD 04-02) CONDITIONAL TO the conditions recommended by the Planning Commission. •Page 4 Ifendwest WORLDMARK ESTES PARK COMMUNITY ECONOMIC BENEFITS High Annual Occupancv - WorldMark resorts, on average, operate at more than 85% annual occupancy. Due to the anticipated high demand of Estes Park as a vacation destination, it is expected that WorldMark Estes Park will have an estimated 87% average annual occupancy. Colorado Owners - There are currently over 8900 WorldMark owners in Colorado. With Steamboat Springs the only other Colotado resort, Estes Park will be assured of high owner visitation. Annual Visitor Spending - WorldMark owners have already paid for their accommodations; therefore they have more disposable income to spend while vacationing. WorldMark owners visiting Estes Park will spend approximately $4.3 million each year in local shops, restaurants, and recreation related spending based upon an estimated 87% occupancy. A recent Price Waterhouse Coopers study reports that an average timeshare unit represents $207 per day in economic benefit to the local community's economy. Boost to Local Job Market - WorldMark Estes Park will produce an estimated 20 full-time equivalent permanent resort operations jobs, including management, maintenance, guest services, housekeeping, landscaping and security. Guests Have Pride of Ownership - WorldMark owners have an ownership interest in all of their properties, and treat the WorldMark resorts with a level of care that they provide to their own homes. 9805 Willows Road NE • Redmond, WA 98052 425.498.2500 • Fax: 425.498.3061 • www.trendwestresorts.com Ifendwest FREQUENTLY ASKED QUESTIONS Who is Trendwest Resorts? Trendwest Resorts, Inc. is a wholly owned subsidiary of Cendant Corporation, the world's leading hospitality and travel services provider. Founded in 1989, Trendwest is recognized for its innovation and success of developing a flexible, points-based timeshare product called WorldMark. Today, more than 205,000 owner households have access to 54 WorldMark resort locations in the United States, Canada, Mexico and Fiji. What is the relationship between Trendwest Resorts and WorldMark? Trendwest enjoys a unique and exclusive partnership with WorldMark, a nonprofit mutual benefit corporation. After developing a resort property, Trendwest deeds it debt-free to WorldMark with the understanding that the property can never be encumbered or mortgaged at any time. Through a separate agreement, Trendwest holds the exclusive rights to manage, market and sell the WorldMark timeshare product. Whv is this relationship important? Typically, developers construct a project, sell it out, and leave some volunteer management group to manage its operation. Sometimes the project, left to the owners to manage, has inherent problems that the developer has not resolved. In the case of WorldMark, the on-going management ofthe project continues to be the developer's responsibility, and the developer's future projects and sales remain associated with the on-going success of each WorldMark resort. Is WorldMark a timeshare product? Yes. WorldMark was established to hold and manage real property for consumers who buy interests in WorldMark. The interests are in the form of annually renewed vacation credits, which provide WorldMark owners with the exclusive perpetual rights to occupy any and all resorts in the WorldMark network. As recorded in each property's timeshare declaration, vacation credit values are allocated to each unit of real property, which are then placed into a collective credit-pool from which the vacation ownership interests are sold. Will there be financial problems? Before any sales occur in relationship to a particular resort, Trendwest Resorts, Inc. pays off the resort purchase price or development cost in full and deeds the property to WorldMark debt-free. WorldMark is financially independent ofTrendwest Resorts, Inc. The operating capital for WorldMark is generated by annual assessments from WorldMark's owners. This structure virtually insulates WorldMark from any financial failure. How is Trendwest regulated? The WorldMark vacation ownership product, which is exclusively developed, marketed and sold by Trendwest Resorts, is regulated under state timeshare and real estate laws. 9805 Willows Road NE • Redmond, WA 98052 425.498.2500 • Fax: 425.498.3061 • www.trendwestresorts.com Ttendwest Will this resort chanlze the visual character of Estes Park or the surroundinE communitv in an¥ neHative wav? The style, color and materials used in the resort development will be carefully chosen to blend into the natural environment and reflect the mood and character of the surrounding resorts and community. Will the development be in competition with anv local business? WorldMark is definitely not in competition with local businesses since the owners have and will be predominately purchasing their interests outside of the local area. For the most part, owners will be new visitors and will generate new business for the community. The resort will not include such amenities as restaurants or shops. The owners will be using those types of businesses within the community. Further, the nature of the WorldMark concept generates a relatively high rate of occupancy during the shoulder seasons and mid-week for the area. 9805 Willows Road NE • Redmond, WA 98052 425.498.2500 • Fax: 425.498.3061 • www.trendwestresorts.com Itendwest COMMITMENT TO COMMUNITY Trendwest Resorts and WorldMark, The Club are committed to being a Neighbor of Choice in the communities where we do business. We work to proactively foster and maintain long-term positive relationships by being an active corporate citizen that supports the community in various ways. It is an important part or our corporate culture that our employees and guests have healthy, thriving communities to live in, work in and visit. Chamber of Commerce Being an active member ofthe Chamber of Commerce is critical to Trendwest and WorldMark' s relationship with the local business community. WorldMark owners spend a significant amount of money in local businesses every year and Chamber membership provides opportunities for WorldMark to partner with local businesses to provide services and discounts to our owners. Through this membership we are also able to contribute to business development in the community. Volunteerism Trendwest and WorldMark employees are encouraged to volunteer in their local community. We feel it is important to recognize and reward their efforts to make their community a better place to live. Many times during the year, our employees volunteer as a team for community events. 9805 Willows Road NE • Redmond, WA 98052 425.498.2500 • Fax: 425.498.3061 • www.trendwestresorts.com 84 2 e -2 1.- J .2 .2 & * I . = - AM:1 4 1 2 31 814 ZE . 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W 8 . 1 & '43, 'f NYSIOIN WOMINN i 9.-IN. 4 50.--I ....,-~f IN 9011¥A;13 9 1 '£'2 9N'Gll'18 W -MA/,2 .0%94.0/ 1 5»011¥A]13 1 9NI0IIng RESOLUTION NO. 22-04 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "BROOKSIDE ADDITION" to the Town of Estes Park is as follows: A tract of land located in the Northeast 1/4 of the Northeast 1/4 of Section 35, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northeast corner of said Section 35 and with all bearings relative to the North line of the Northeast 1/4 of said Section 35 considered as bearing N 89°22'00" W; thence N 89°22'00" W a distance of 953.16' along the North line of the Northeast 1/4 of said Section 35 to the Northeast corner of Lot 7, Summer Villa Subdivision; thence N 89°22'27" W 54.87' to the TRUE POINT OF BEGINNING; thence N 89°22'27" W 331.75' along the North line of the NE 1/4 of said Section 35 to the East 1/16th of Sections 26 & 35, which is also the Northwest corner of said Lot 7; thence S 01°46'31" W 313.35' along the North-South centerline of the Northeast 1/4 of said Section 35; thence S 78°08'38" E 51.46'; thence S 77°36'51" E 148.49' more or less, to a point on the Westerly Right-of-Way of Riverside Drive; thence N 73°35'42" E 53.19' to a point on the Easterly Right-of-Way of Riverside Drive; thence along the Easterly Right-of-Way of Riverside Drive Northeasterly 100.35' along the arc of a non-tangent curve to the right, said curve has a delta of 38°11'10", a radius of 150.57' and is subtended by a chord which bears N 03°31'24" E 98.50'; thence along the Easterly Right-of-Way of Riverside Drive N 22°37'22" E 118.31'; thence departing said Easterly Right-of-Way N 18°33'21" E 136.55' to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 2.15 Acres. DATED this day of ,2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. 8-04 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS BROOKSIDE ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 25th day of October , 2004 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the gth day Of November , 2004, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annexation plat on Tuesday, December 14, 2004 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., onthe 14~ day of December ,2004. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107(2), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as BROOKSIDE ADDITION to the Town of Estes Park, Colorado, is hereby approved: A tract of land located in the Northeast 1 /4 of the Northeast 1 /4 of Section 35, Township 5 North, Range 73 West of the 6th P.M., Larimer County, Colorado, more particularly described as commencing at the Northeast corner of said Section 35 and with all bearings relative to the North line of the Northeast 1/4 of said Section 35 considered as bearing N 89°22'00" W; thence N 89°22'00" W a distance of 953.16' along the North line of the Northeast 1/4 of said Section 35 to the Northeast corner of Lot 7, Summer Villa Subdivision; thence N 89°22'27" W 54.87' to the TRUE POINT OF BEGINNING; thence N 89°22'27" W 331.75' along the North line of the NE 1/4 of said Section 35 to the East 1 /16th of Sections 26 & 35, which is also the Northwest corner of said Lot 7; thence S 01°46'31" W 313.35' along the North-South centerline of the Northeast 1/4 of said Section 35; thence S 78°08'38" E 51.46'; thence S 77°36'51" E 148.49' more or less, to a point on the Westerly Right-of-Way of Riverside Drive; thence N 73°35'42" E 53.19' to a point on the Easterly Right-of-Way of Riverside Drive; thence along the Easterly Right-of-Way of Riverside Drive Northeasterly 100.35' along the arc of a non-tangent curve to the right, said curve has a delta of 38°11'10", a radius of 150.57' and is subtended by a chord which bears N 03°31'24" E 98.50'; thence along the Easterly Right-of-Way of Riverside Drive N 22°37'22" E 118.31'; thence departing said Easterly Right-of-Way N 18°33'21" E 136.55' to the TRUE POINT OF BEGINNING. County of Larimer, State of Colorado. Containing 2.15 Acres. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. Brookside Addition is zoned A-Accommodations. Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF ,2004. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2004 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2004, all as required by the Statutes of the State of Colbrado. Town Clerk ORDINANCE NO. 9-04 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE BROOKSIDE ADDITION AND LOTS 1 AND 2, AND OUTLOT A, TIMBERLANE SUBDIVISION WHEREAS, the Estes Valley Planning Commission has recommended rezoning of Brookside Addition, and Lots 1 and 2, and Outlot A, Timberlane Subdivision from A- Accommodations to CO-Commercial Outlying; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the recommended zoning changes be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning for Brookside Addition, and Lots 1 and 2, and Outlot A, Timberlane Subdivision, Town of Estes Park, Colorado, shall be changed from A- Accommodations to CO-Commercial Outlying. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF ,2004. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2004 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2004, all as required by the Statutes of the State of Colorado. Vickie O'Connor, Town Clerk ORDINANCE NO. 7-04 AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO BUILDINGS AND CONSTRUCTION, INCLUDING THE ADOPTION OF THE INTERNATIONAL RESIDENTIAL, BUILDING, EXISTING BUILDING, MECHANICAL, FUEL GAS, PLUMBING, AND ENERGY CONSERVATION CODES, 2003 EDITIONS, AS AMENDED WHEREAS, on the 14th day of December, 2004, the Board of Trustees of the Town of Estes Park held a public hearing on the adoption of the 2003 Editions of the International Residential, Building, Existing Building, Mechanical, Fuel Gas, Plumbing, and Energy Conservation Codes, as amended; and WHEREAS, notice of said hearing was published as provided in Section 31-16- 203, C.R.S.; and WHEREAS, prior to the adoption of the International Residential, Building, Existing Building, Mechanical, Fuel Gas, Plumbing, and Energy Conservation Codes, as amended, by reference, copies of said Codes, including all amendments were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Chapter 14.12 of the Municipal Code shall be amended to read as follows: International Codes 14.12.010 International Residential Code, 2003-Adopted. The International Residential Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "A" attached hereto and incorporated herein by this reference, referred to in this title as the International Residential Code is enacted and adopted by reference. 14.12.020 International Building Code, 2003-Adopted. The International Building Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "B" attached hereto and incorporated herein by this reference, referred to in this title as the International Building Code is enacted and adopted by reference. 1 14.12.030 International Existing Building Code, 2003 Edition-Adopted. The International Existing Building Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "C" attached hereto and incorporated herein by this reference, referred to in this title as the International Existing Buildinoi Code is enacted and adopted by reference. 14.12.040 International Mechanical Code, 2003 Edition-Adopted. The International Mechanical Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country' Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "D" attached hereto and incorporated herein by this reference, referred to in this title as the International Mechanical Code is enacted and adopted by reference. 14.12.050 International Fuel Gas Code, 2003 Edition-Adopted. The International Fuel Gas Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "E" attached hereto and incorporated herein by this reference, referred to in this title as the International Fuel Gas Code is enacted and adopted by reference. 14.12.060 International Plumbing Code, 2003 Edition-Adopted. The International Plumbing Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "F" attached hereto and incorporated herein by this reference, referred to in this title as the International Plumbing Code is enacted and adopted by this reference. 14.12.070 International Energy Conservation Code, 2003 Edition-Adopted. The International Energy Conservation Code, 2003 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of sections thereof which are amended as set forth on Exhibit "G" attached hereto and incorporated herein by this reference, referred to in this tjtle as the International Energy Conservation Code is enacted and adopted by reference. Section 2: Chapters 14.16 Uniform Mechanical Code, 14.24 Uniform Plumbing Code, 14.48 Dangerous Buildings, and 14.56 Energy Efficiency and Conservation Codes. of the Municipal Code shall be deleted in their entirety. Section 3: Sections 14.04.040 and 14.04.050 of the Municipal Code shall be amended as follows: 2 14. 04.040 Violation. A. It is unlawful for any person to violate any of the provisions stated or adopted in the International Residential Code, International Building Code, International Existing Building Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code or International Energy Conservation Code, as amended. B. Every person convicted of a violation of any provision stated or adopted in the International Residential Code, International Building Code, International Existing Building Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code or International Energy Conservation Code, as amended shall be punished as set forth in Section 1.20.020 of this code. C. The Town shall have the option of instituting an appropriate action in any court having jurisdiction to prevent, enjoin, abate or remove a violation of any portion of the International Residential Code, International Building Code, International Existing Building Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code or International Energy Conservation Code, as amended, prevent the occupancy of any building and structure, or to prevent any illegal act or use in or on such premises as the result of any violation of the provision of the International Residential Code, International Building Code, International Existing Building Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code or International Energy Conservation Code, as amended. 14.04.050 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the International Residential Code, International Building Code, International Existing Building Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code or International Energy Conservation Code, as amended. Section 4. This Ordinance shall take effect and be in full force and effect January 1, 2005. Section 5: The adoption of this Ordinance is hereby determined to be an emergency in order for the International Codes to take effect and be in full force and effect January 1, 2005, and 3 WHEREAS, in the opinion of the Board of Trustees an emergency exists, this Ordinance shall take effect and be enforced immediately after its passage, adoption, and signature of the Mayor. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this' day of ,2004. TOWN OF ESTES PARK Mayor ATTEST: ' Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2004 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of ,2004. Town Clerk 4 Department of Building Safety Memo To: Honorable Mayor Baudek and Board of Trustees From: Will Birchfield, Chief Building Official Date: 12/08/04 Re: Adoption of the 2003 International Codes Background: "The United States has the highest standard of building safety in the world. This is the result of more than 190 years of collective experience shared by the International Code Council (ICC) and its member organizations. An overwhelming majority (97%) of cities, counties and states that adopt building and safety codes are using documents published by the International Code Council and its members. The ICC's success in protecting the public is based on a proven system of code development that incorporates the expertise and opinions from every arena - ensuring the very best in building safety regulations. For years, the building industry asked for a single, unified building regulatory system to be used throughout the United States. In 1994, the three model code organizations that have provided codes for the 50 states and US territories formed the International Code Council (ICC). The goal of the ICC was to unify the building industry nationwide. In 1999, the ICC achieved its goal in developing the International Codes - a single family of codes that is being adopted across the country. The unified system will stimulate the building economy, improve safety, and create safer, more efficient and more durable homes and buildings." Background is continued on page 2 of this memo. Budget. Adoption of the International Codes will not have any budget impact other than the building permit fees increase already approved. Action: Staff recommends adoption of the 2003 International Codes with local amendments, as proposed by staff and recommended by the Community Development Committee. Staff recommends said codes to be effective January 01,2005. 1 BACKGROUND Continued: Recommendation to adopt the Codes and amendments is based on staff research, review of other Colorado jurisdictions and significant local designer and contractor feedback gathered from a recent series of focused code discussions. Where possible, proposed amendments are consistent with those adopted by Larimer County. Other amendments address practices and standards of local utility providers, other enforcement agencies, and other Town departments. Following are the significant issues/changes that will affect local construction if the proposed codes and amendments are adopted. 1. Permit expiration; Exhibit A, pg. 2, Section R105.5. 2. Punitive Investigation fees for contractors working without a permit; Exhibit A, pgs. 4&5, Section R108.8, exception. 3. Design Criteria; Exhibit A, pgs. 7&8, Table R301.2 (1). 4. Stair geometry; Exhibit A, pg. 11, Section R311.5.3.1. 5. Smoke alarm upgrades; Exhibit A, pg. 12, Section R313.1.1, Exception 1. 6. Wildfire Hazard Mitigation; Exhibit A, pgs. 14-17, Section R324. 7. Foundation drain requirements; Exhibit A, pg. 18, Section R405.1. 8. Wood burning emission standards; Exhibit A, pgs. 20&21, Section R1003.1.1. 9. International Energy Conservation Code; Exhibit A, pgs. 21-22, Section Nl 101.2. 10. Design loads for heating and cooling equipment; Exhibit A, pgs. 22&23, Section M1401.3 and Exhibit D, pgs. 7&8, Section 312.1. 11. Protection of duct systems; Exhibit A, pg. 24, Section M1601.3.9. 12. Plenums prohibited; Exhibit A, pg.24, Section M1601.4 deleted, and Exhibit D, pg. 4, Section 602.3. 13. Unvented fuel gas appliances; Exhibit A, pg. 25, Section M1801.1, exception. 14. Contractor qualifications; Exhibit A, pg. 25, Section G2401.2. 15. International Plumbing Code; Exhibit A, pg. 30, Section P2501.1. 16. Radon control methods; Exhibit A, pg. 33, Appendix F. 17. International Existing Building Code; Exhibit B, pg. 1, Section 101.4.5. 18. Automatic sprinkler requirements; Exhibit B, pg. 7, Section 404.3, exceptions and pgs. 8&9, Section 903.2.7, exceptions. 19. International Fire Code; Exhibit C. 20. Hydrogen generating and refueling operations; Exhibit D, pg. 7, Section 304.4. 21. Balancing ventilation systems; Exhibit D, pg. 8, Section 403.3.4. 22. Grease duct clearances; Exhibit D, pg. 8, Section 506.3.6. 23. Clearances for type I hoods; Exhibit D, pg. 8, Section 507.9. 24. International Fuel Gas Code; Exhibit D, pg. 8, Sections 701.1,801.1, and 901.1. • Page 2 INTERNATIONAL RESIDENTIAL CODE EXHIBIT A EXHIBIT A International Residential Code, 2003 Edition - Amendments R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the Town of Estes Park, and shall be cited as such and will be referred to herein as "this code." 102.1 General. Where, in any specific case, different sections of this code or other local, state, or federal codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Exception: Regardless of the occupancy classification as defined in the International Building Code, non-mixed use residential buildings designed in compliance with the scooping provisions of the International Residential Code, shall be permitted to comply with the International Residential Code instead of the International Building Code, provided such buildings do not exceed two stories in height nor contain more than 15 dwelling units, nor more than 19 guest rooms. R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. R103.2 Appointment. The Director of Community Development shall appoint the building official. R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from the 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. Building: 1. One-story detached accessory structures provided the floor area does not exceed 120 square feet (11.15 mt nor 12 feet (3658 mm) in height. 2. Fences not over 6 feet (1829 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 1 7. Prefabricated and portable swimming or wading pools, hot tubs or spas when the walls are entirely above grade and which cannot contain water more than twenty- four (24) inches (610 mm) deep. 8. Swings and other play or playground equipment including elevated playhouses not exceeding (120) square feet (11.15 m2) of floor area nor eight (8) feet (2.43 m) in height measured from the floor to the highest point of such structure, designed and used exclusively for play. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Roofing repair or replacement work not exceeding one hundred square feet (9.29 m2) Of covering per building. 11. Minor work valued at less than two thousand dollars ($2000.00), when such minor work does not involve alteration of structural components, fire-rated assemblies, plumbing, electrical, mechanical, fire-extinguishing systems, repairs and/or maintenance of dangerous buildings, or demolition of structures that would require a permit to build. R105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. 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 the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced 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 R108. 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 18 months from date of the extension, 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 three-year 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. 2 R105.9 Premise identification. The approved stree#road address number shall be displayed and be plainly visible and legible from the public (address) street/road fronting the property or displayed next to the driveway leading to the residence. R105.10 Transfer of permits. 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 108. No change will be made in the expiration date of the original permit. R106.1.3 Information for construction in areas prone to flooding. For buildings and structures in flood hazard areas as established by Table R301.2 (1), construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries, and flood zones, and the design flood elevation, as appropriate; 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade; and 3. If design flood elevations are not included on the community's Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. 4. Information required by the Estes Park Municipal Code, Chapter 17.28, Floodplain Regulations. R107.1 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 one (1) month. The building official is authorized to grant extensions for demonstrated cause. R107.3 Temporary power. The building official and/or the Colorado State Electrical Board 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 the currently adopted National Electric Code. R108.2 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 Table 1-A - Building Permit Fees. R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. Valuations shall be determined as directed by the Community Development Committee. 3 R108.5 Refunds. The building official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than eighty 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 canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. R108.6 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. R108.7 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 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 comply 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 approval of the building official, or for failure to post a readily visible address as required by section R325.1. To obtain a re- inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule (Table 1-B). 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. R108.8 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee. 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 Table 1-A. The paymdnt of such 4 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 shall be assessed an investigation fee equal to three times the permit fee. R108.9 Temporary certificate of occupancy. There will be a fee for Temporary Certificates of Occupancy as set forth in Table 1 -B. R109.1.5.2 Insulation inspection. After all insulation has been installed, in addition to the requirements of the State of Colorado regulations, insulation in residential buildings shall conform to the minimum standards of Chapter 11 of this Code. Insulation certifications shall be provided for all buildings and structures with conditioned air. R109.1.5.3 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. R110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exception: Certificates of occupancy are not required for work exempt from permits under Section R105.2, miscellaneous permits, accessory buildings, or remodels and additions to existing buildings. If requested, a letter of completion will be issued for remodels and additions. There shall be a fee for certificates of occupancy and letters of completion, as set forth in Table 1-B. Rl 10.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws and ordinances applicable thereto, the building official shall issue a certificate of occupancy which shall contain the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 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. 6. The name of the building official. 5 7. The edition of the code under which the permit was issued. 8. If an automatic sprinkler system is provided. 9. Any special stipulations and conditions of the building permit. 10. The Occupancy classification for the one- and two-family dwellings and townhouses, as referenced in,this code, shall be (2003) IRC-R-3. 112.1 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 building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The board of appeals shall be the board of appeals specified in Section 112 of the 2003 International Building Code. Table 1-A - Building Permit Fees TOTAL VALUATION~ 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 ~Valuations shall be determined per Section 108.3 of this code. 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 or Table 1-C. A plan review fee shall be paid equal to 65 percent of the building permit fee as shown in Table 1-A. The plan review fees specified in this section are separate fees from the permit fees specified in Section R108.2 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 the building department staff due to their complexity will be charged the full review fee of the outside agency used by the department of building safety for the plan review. 6 Table 1-B Fee Schedule OTHER INSPECTIONS AND PERMITS: 1. Inspections outside of normal business hours. $100.00/hourl (minimum charge = two hours) 2. Re-inspection fees assessed under provisions $100.00/houP (minimum charge = one hour) of Section 108.7. 3. Inspections for which no fee is specifically $100.00/houP (minimum charge = one hour) indicated. 4. Additional plan review required by changes, $100.00/hourl (minimum charge = one hour) additions or revisions to plans. 5. For use of outside consultants for plan Actual costs2 checking and inspections, or both. 6. Demolition permits. $50.00 each 7. Temporary use permits. $50.00 each 8. Certificates of occupancy. $50.00 each 9. Temporary certificates of occupancy. $100.00/houP (minimum charge = one hour) 10. Appeals to the Board of Appeals. $50.00 each 10r 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. CHAPTER 2 -ADD DEFINITIONS (a) Family. An individual or group of people living together who are related by blood, marriage, or adoption. (b) Sleeping Room. (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of the IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms, and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms. R301.2 Climatic and geographic design criteria. Buildings shall be constructed in accordance with the provisions of this code as limited by the provisions of this section. Additional criteria has been established by the building official and set forth in Table R301.2(1). Table R301.2(1), Climatic And Geographic Design Criteria Ice Ground Wind Seismic Subject to Damage From Winter Shield Air Mean Snow Spee(le Design Frost Desigp Under- Flood Free- Annual Load : (mph) Cate- Weather- Line Termitec Decay Temp Layment Haz- ing . Tempk (3 second goryg inga Depthb Required' ardsh Indexi d gust) 40 psf S 105 mph B Severe 30" Slight None +1° F Yes* FIRM, 1000 43¤ F 8000' (169 kph) (762 mm) To To e rc) May 4, 50 psf s Moder- Slight 1987 9000' ate 70 psf 5 9000' 7 For SI: 1 pound per square foot = 0.0479 kN/mi 1 mile per hour = 1.609 km/h. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column is based on the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2 (3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216, or C 652. b. The frost line depth requires deeper footings than indicated in Figure R403.1 (1). The minimum depth of frost-protected footings/foundations is 30 inches (762 mm) below finish grade. c. The building official has filled in this part of the table with "slight to moderate," in accordance with Figure R301.2 (6) depending on whether there has been a history of local damage. d. The building official has filled in this part of the table with "none to slight" in accordance with Figure R301.2 (7) depending on whether there has been a history of local damage. e. The building official has filled in this part of the table with the wind speed from the basic wind speed map [Figure R301.2 (4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. The Town of Estes Park is in a special wind region, and scientific data regarding historic wind speed is currently not available. f. The outdoor design dry-bulb temperature has been selected from the columns of 9714-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. g. The building official has filled in this part of the table with the Seismic Design Category determined from Section R301.2.2.1. h. The building official has filled in this part of the table with the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended. Floodplain overlay zone districts are established in the Estes Park Municipal Code, Chapter 17.28, Floodplain Regulations. i. In accordance with Sections R905.2.7.1, R905.4.3, R905.5.3, R905.6.3, R905.7.3 and R905.8.3, for areas where the average daily temperature in January is 250 F (-40C) or less, or where there has been a history of local damage from the effects of ice damming, the building official has filled in this part of the table with "YES." Roofs with pitches of 5/12 (5 units vertical/12 units horizontal) and less shall require ice shield for a minimum distance of 36 inches (914 mm) at the perimeter. j. The building official has filled in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32 ' Fahrenheit)" at www. ncdc.noaa.gov/fpsf. html. k. The building official has filled in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index - USA Method (Base 32 ' Fahrenheity at www.ncdc.noaa.gov/fpsf.html. The mean annual temperature for Estes Park, per NOAA - National Climatic Data Center, is 43.2 0F 1. Based on Snow Load Design Data for Colorado at different elevations in Larimer County. For clarification, see the 2003 International Building Code, Section 1608.2. R301.2.4 Floodplain construction. Buildings and structures constructed in flood hazard areas (including A or V Zones) as established in Table R301.2 (1) and the Estes Valley Development Code shall be designed and constructed in accordance with Section R323. Exception: All buildings and structures in identified floodways as established in Table R301.2 (1) shall be designed and constructed as stipulated in the International Building Code. 8 R303.2 Adjoining rooms. For the purpose of determining light and ventilation requirements, any room shall be considered as a portion of an adjoining room when at least one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room but not less than 25 square feet (2.32 m2). Exceptions: 1. Light and ventilation for an interior room may be supplied from an adjoining exterior room, provided the following conditions are met: a) The common wall is provided with openable openings having an aggregate area of not less than one-twentieth (1/20) of the floor area of the interior room. b) The adjoining exterior room has openable exterior openings for light and ventilation as required in this section, plus additional such openings not less in area than the amount required for the interior room. 2. Openings required for light and/or ventilation shall be permitted to open into a thermally isolated sunroom addition or patio cover, provided that there is an openable area between the adjoining room and the sunroom addition or patio cover of not less than one-tenth of the floor area of the interior room but not less than 20 square feet (1.86 m2). The minimum openable area to the outdoors shall be based upon the total floor area being ventilated. R305.1 Minimum height. Habitable rooms, hallways, corridors, bathrooms, toilet rooms, laundry rooms and basements shall have a ceiling height of not less than 7 feet (2134 mm). The required height shall be measured from the finish floor to the lowest projection from the ceiling. Exceptions: 1. Beams and girders spaced not less than 4 feet (1219 mm) on center may project not more than 6 inches (152 mm) below the required ceiling height. 2. All basements in new dwelling units, 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. 3. Not more than 50 percent of the required floor area of a room or space is permitted to have a sloped ceiling less than 7 feet (2134 mm) in height with no portion of the required floor area less than 5 feet (1524 mm) in height. 4. Bathrooms shall have a minimum ceiling height of 80 inches (2036 mm) over the fixture and at the front clearance area for fixtures as shown in Figure R307.2. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 80 inches (2036 mm) above a minimum floor space measuring 30 inches (762 mm) by 30 inches (762 mm) at the showerhead. 9 R309.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence *hall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute fire-rated doors. Said doors shall be equipped with an approved self-closing device R309.2 Separation required. The garage shall be separated from the residence and its attic area by not less than 5/8-inch (15.9 mm) Type X gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. R310.1 Emergency escape and rescue required. Basements and every sleeping room shall have at least one openable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section 310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. R310.1.1 Minimum opening area. All emergency escape and rescue openings shall havea minimum net clear opening of 5.7 square feet (0,530 m2). R310.2 Window wells. Window wells required for emergency escape and rescue shall have horizontal dimensions that allow the emergency escape and rescue door or window to be fully opened. The horizontal dimensions of the window well shall provide a minimum net clear area of 9 square feet (0.84 m2) with a minimum horizontal unobstructed projection and width of 36 inches (914 mm). Exceptions: 1. The ladder or steps required by Section R310.2.1 shall be permitted to encroach a maximum of 6 inches (152 mm) into the required dimensions of the window well. 2. With the window in the full open position, the bottom window well step may entroach a maximum of 12 inches (304 mm) into the minimum horizontal projection, provided the well meets the following criteria: 10 2.1 The bottom of the well is not less than 36 inches wide (912 mm), centered horizontally on the openable portion of the emergency escape and rescue door or window, and 2.2 An unobstructed clear horizontal projection of 36 inches (912 mm) is maintained at the centerline of the openable portion of the emergency escape and rescue door or window. R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch (15.9 mm) Type X gypsum board. The entire room or space enclosing the stairs shall be protected in compliance with this section. R311.5.3.1. Riser height. The riser height shall be not less than 4 inches nor greater than 7 % inches (196 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). R312.1.1 Area wells. All area wells, stair wells, window wells, and light wells attached to any building, when such wells are located less than 36 inches (914 mm) fr6m the nearest intended walking surface and deeper than 30 inches (762 mm)below the surrounding ground level, creating an opening with a horizontal dimension greater than 24 inches (610 mm) measured perpendicular from the building, with the side walls of such well having a slope steeper than 2 horizontal to 1 vertical, shall be protected with guards conforming to this section around the entire opening, or be provided with an equivalent barrier (intended walking surface would be defined as a sidewalk, pathway, patio slab or other like surface). Exceptions: 1. The access side of stairways need not be protected. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section R310.4 of this code. 3. Covers and grates may be used over stairways and other openings used exclusively for service access or for admitting light or ventilation. R312.2 Guard opening limitations. Required guards on open sides of stairways, raised floor areas, balconies and porches, and area wells protected as specified hereunder shall have intermediate rails or ornamental closures which do not allow passage of a sphere 4 inches (102 mm) or more in diameter. Exceptions: 1. The triangular openings formed by the riser, tread and bottom rail of a guard at the open side of a stairway are permitted to be of such a size that a sphere 6 inches (152 mm) cannot pass through. 11 2. Openings for required guards on the sides of stair treads shall not allow a sphere 4 3/8 inches (107 mm) to pass through. R313.1 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in the following locations: 1. In each sleeping room. 2. Outside of each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split-levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. 4. In dwelling units where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches (610 mm) or more, smoke alarms shall be installed in the hallway and in the adjacent room. When more than one smoke alarm is required to be installed within an individual dwelling unit, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. All smoke alarms shall be listed and installed in accordance with the provision of this code and the household fire warning equipment provisions of NFPA 72. R313.1.1 Alterations, repairs, and additions. When interior alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be provided with smoke alarms located as required for new dwellings. All such smoke alarms shall be interconnected and permanently wired into the building electric system. Exceptions: 1. Smoke alarms in existing areas shall not be required to be interconnected and permanently wired where the alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available which would provide access for permanent wiring and interconnection without the removal of interior finishes. The provisions of this section shall not be interpreted to require interconnected hard- wired alarms unless electrical wiring is a significant part of the original scope of work. New alarms not required to be hard-wired shall be the type listed for use with lithium batteries. 2. Repairs to the exterior surfaces of dwellings are exempt from the requirements of this section. R317.2.2 Parapets. Parapets constructed in accordance with Section R317.2.3 shall be provided for townhouses as an extension of exterior walls or common walls in accordance with the following: 12 1. Where roof surfaces adjacent to the wall or walls are at the same elevation, the parapet shall extend not less than 30 inches (762 mm) above the roof surfaces. 2. Where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is not more than 30 inches (762 mm) above the lower roof, the parapet shall extend not less than 30 inches (762 mm) above the lower roof surface. 3. The following alternate construction methods are permitted in lieu of a parapet, provided openings in the roof are not located within 48 inches (1220 mm) of the 1-hour fire-resistive-rated, adjoining walls in adjacent townhouses. (i) A parapet is not required when roof decking or sheathing is of noncombustible materials or approved fire-retardant-treated wood for a distance of 48 inches (1220 mm) on each side of the wall or walls, or one layer of 5/8-inch (15.9 mm) Type X gypsum board is installed directly beneath the roof decking or sheathing for a distance of 48 inches (1220 mm) on each side of the wall or walls. (ii) A parapet is not required where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is more than 30 inches (762 mm) above the lower roof. The common wall construction from the lower roof to the underside of the higher roof deck shall not have less than a 1- hour fire-resistive rating. The wall shall be rated for exposure frorh both sides. (iii) A parapet is not required when the roof is constructed entirely of noncombustible materials. (iv) A parapet is not required where the roof ceiling framing elements and supporting framing are constructed as follows: (a) Where the roof-ceiling framing is parallel to the adjoining walls in adjacent townhouses, the roof-ceiling framing and supporting framing are constructed as prescribed for a one-hour fire-resistive rating for a minimum distance of 48 inches (1220 mm) either side of the adjoining walls and approved continuous draftstopping is installed vertically from the ceiling to the rOof sheathing a minimum distance of 48 inches (1220 mm) both sides of the adjoining walls. (b) Where the roof-ceiling framing is not parallel to the adjoining walls in adjacent townhouses, the entire span of such roof-ceiling framing and supporting framing are constructed as prescribed for a one- hour fire-resistive rating. R322.1 Scope. Where four or more dwelling units are constructed as a single structure and not as completely independent individual and separate houses, regardless of whether such units are separated by fire-resistance-rated assemblies, the applicable provisions of the most recent general building code enacted by the Town of Estes Park, Colorado Revised Statutes, and Federal regulations shall apply with respect to the construction of accessible dwelling units." 323.1 General. Buildings and structures constructed in flood hazard areas (including A or V Zones) as established in Table R301.2 (1) and in the Estes Park Municipal Code, 13 Chapter 17.28, Floodplain Regulations, shall be designed and constructed in accordance with the provisions contained in this section. Exception: All buildings and structures in identified floodways as established in Table R301.2 (1) shall be designed and constructed as stipulated in the International Building Code. Section R324 - Wildfire Hazard Mitigation. WILDFIRE HAZARD MITIGATION REQUIREMENTS FOR NEW CONSTRUCTION R324.1 Purpose. The purpose of this entire section is to establish minimum standards for design and construction of new buildings or portions thereof for the protection of life and property from wildfire. R324.2 Scope. Within a wildfire hazard area, as defined in the Estes Valley Development Code (EVDC), all new building construction, including additions and accessory structures, shall comply with the provisions of this section. New building construction shall include all new structures. For additions to or changes in character of the occupancy or use of existing buildings, the defensible space shall be provided around the entire building. To identify wildfire hazard areas, the Estes Valley Development Code utilizes the Wildfire Hazard Map in the Estes Valley Development Code (Appendix A), the Colorado State Forest Service, and/or the Larimer County Wildfire Safety Specialist. See Figure 324 as an illustration of potential wildfire hazard areas. R324.3 Alternate materials and methods of compliance. The provisions of this section are not intended to prevent the use of any material or method of compliance not specifically prescribed by this section, provided any alternate has been approved and its use authorized by the building official. The building official may approve any such alternate, provided it is found that the proposed design is satisfactory and complies with the provisions of this section and this code and that the material or method of work offered is, for the purpose intended, at least the equivalent of that prescribed in this section in suitability, effectiveness, fire resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be used regarding use of the alternate. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Department of Building Safety. R324.4 Definitions. For the purpose of this section, certain terms are defined as follows: Combustible - a material that fails to meet the acceptance criteria of the Standard Method of test for determination of non-combustibility in building materials. 14 Combustible construction - a type of construction that does not meet the requirement for noncombustible construction. Defensible space - a natural or man-made area, where woody vegetation capable of allowing a fire to spread unchecked has been treated or modified to slow the spread and reduce the intensity of an advancing wildfire, and to create an area for fire suppression operations to occur. Fire-resistive construction - construction designed to resist the spread of fire. Fire-resistive rating - is the time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings construction and materials. Fire-retardant-treated wood - any wood product impregnated with chemicals by a pressure process or other means during manufacture, and which shall have a flame- spread index of not over 25. Fire separation - a construction assembly that acts as a barrier against the spread of fire. Firewall assembly - a type of fire separation of noncombustible construction which subdivides a building or separates adjoining buildings to resist the spread of fire and which has a fire-resistance rating and structural ability to remain intact under conditions for the required fire-rated time. Flame-resistant material - material that has been modified in its chemical composition by impregnation, coating or has inherent composition that makes the material resistant to ignition and combustion when exposed to a small ignition source. Flame retardant - is an approved chemical compound or mixture which, when applied in an approved manner to any fabric or other material will render such fabric or material incapable of supporting combustion. Flame-spread index (FSI) - a relative index describing the surface-burning characteristics of building materials. The test used to establish FSI evaluates the flame spread over the building material surface when exposed to a test fire. The rate at which flame spreads across the specimen is compared on a scale of 0 for inorganic reinforced cement board, to 100 for red oak. The following table identifies the flame-spread index and Flame Spread Classification: Flame Spread Classification Flame Spread Index Class I 0 to 25 Class 11 26 to 75 Class 111 76 to 200 15 Fuel - combustible material. Noncombustible - materials that meet the acceptance criteria of the Standard Method of test for determination of non-combustibility in building materials. Noncombustible Construction - a type of construction in which a degree of fire safety is attained by the use of noncombustible materials for structural members and other building assemblies. One-hour Fire-resistive Construction - will "withstand the standard fire exposure" for one-hour "as determined by a fire test made in conformity with the standard methods of fire tests of building construction and materials." Slash - unusual concentrations of downed fuel resulting from such natural events as wind, fire, or snow breakage or such human activities as timber harvesting, road construction, or building construction. Wildfire Hazard - the relative likelihood that a fire, once started, will become disastrous. Disastrous means the destruction of life and improved property. Wildfire Hazard Area - an area in the Town of Estes Park prone to wildfires as identified in the Estes Valley Development Code, including the map, or as identified by the Colorado State Forest Service or the Larimer County Wildfire Safety Specialist. Wildfire mitigation - any action taken to eliminate or reduce the long-term risk to human life and property from wildfire. Wildfire Mitigation: R324.5 Fire-resistive Construction. Fire-resistive construction shall be required for all new construction and shall be one of the following types: 1. One-hour fire-resistive shell shall provide not less than one-hour fire-resistive construction at all exterior walls, EXCLUDING ALL OPENINGS AND DECKS. 2. Exterior siding materials shall have a flame-spread classification of Class 111 or better. Exception: Log homes using solid logs with a minimum tip diameter of 6 inches for exterior wall construction and 8 inches for roof beams, purlins and supporting columns shall be considered as one-hour fire-resistive construction. 3. Roof coverings shall comply with Chapter 9 of this code. 4. Additions greater than or equal to fifty percent (50%) of the total square footage of the existing structure shall require the entire structure to come into compliance with this section. R324.6 Defensible space. Defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in the Wildfire 16 Hazard Area. For additions to or changes in character of the occupancy or use in existing buildings, the defensible space shall be provided around the entire building. R324.7 Evaluation. Evaluation of the defensible space will be based upon: 1. Current Colorado State Forest Service standards and guidelines, and 2. Site-specific vegetation and topographical characteristics. 3. The building official may allow alternatives to the Colorado State Forest Service Standards and Guidelines based on specific site conditions. R324.8 Completion. The defensible space must be completed prior to the applicant receiving a certificate of occupancy or a letter of completion. R324.9 Liquid Propane Gas. Liquid propane gas facilities installed in a Wildfire Hazard Area shall comply with the current Town requirements for installation of liquid propane gas facilities. The tank shall be located in the defensible space on the same contour as or downhill from the structure. R324.10 Alternate designs. The building official may approve other alternate designs provided it meets the requirements of Section R104.11. R324.11 Inspection Fees. Fees shall be assessed in accordance with the Larimer County wildfire assessment and inspection fee schedule, Table 1-C. R324.12 Appeals. Appeals of interpretations made by the building official relative to the application of this section shall be made to the Board of Appeals. R324.13 Maintenance. Areas of defensible space created as required by this code, the Estes Valley Development Code, or referenced documents within either code are to be maintained by the property owner. No re-planting or new planting of trees, shrubs, or other vegetation that would violate the defensible space requirements of this section shall be permitted. Defensible space shall be provided around the entire structure or building. Table 1-C - Larimer County Wildfire Assessment and Inspection Fee Schedule 1 REQUIRED WILDFIRE TYPE SITE ASSESSMENT INSPECTIONS TOTAL New Residence $50.00 $100.00 $150.00 New Utility Building $50.00 $35.00 $85.00 New Commercial $50.00 $100.00 $150.00 Residence Addition $50.00 $100.00 $150.00 Utility Building Addition $50.00 $35.00 $85.00 Commercial Addition $50.00 $100.00 $150.00 Fees for other inspections or services not covered above = $50.00 per hour (min mum charge = one hour. 7 This schedule is current as of January 1, 2005. Official revisions to this schedule by Larimer County, are hereby adopted by reference. R401.2 Requirements. Foundation construction shall be capable of accommodating all loads according to Section R301 and of transmitting the resulting loads to the 17 supporting soil. Fill soils that support footings and foundations shall be designed, installed and tested in accordance with accepted engineering practice. Gravel fill used , as footings for wood and precast concrete f6undations shall comply with Section R403. The minimum design requirements for foundation systems shall be the current Larimer County standards. Exception: , Foundations designed and the construction drawings stamped by a Colorado registered professional engineer or licensed architect. When required by the building official, foundations shall be designed and the construction drawings stamped by a Colorado registered professional engineer or licensed architect. Section R403.1.4. 1. Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extending below the frost line specified in Table R301.2 (1); 2. Constructing in accordance with Section R403.3; 3. Constructing in accordance with ASCE32-01; and 4. Erected on solid rock. Exceptions: 1. Freestanding accessory structures with an area of 400 square feet (37 m2) or less and an eave height of 10 feet (3048 mm) or less shall not be required to be protected. 2. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. 3. An unheated one story accessory building may be placed on a slab-on-ground, cast monolithically with a footing placed at least 12 inches (9305 mm) below undisturbed ground and one No. 5 bar or two No. 4 bars shall be located in the middle of the footing depth. Such accessory buildings shall have a maximum depth (truss length) of 24 feet (7.31 m) and the maximum width shall not exceed twicethe depth. (24 feeU7.31 m x 48 feeU14.5m maximum). Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. 405.1 Concrete or masonry foundations. Drains shall be provided around all concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend at least 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (153 mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper, and the drainage tiles or perforated pipe shall be placed on a minimum of 2 inches (51 mm) of washed gravel or crushed rock at least one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (153 mm) of the same material. 18 Exception: A drainage system is not required when the foundation is installed on well- drained ground or sand gravel mixture soils according to the Unified Soil Classification System, Group I Soils, as detailed in Table R405.1, as documented by a Colorado registered professional engineer or licensed architect. When required by the building official, foundation drains shall be designed and inspected by a Colorado registered professional engineer or licensed architect. R702.4.4 Cement, fiber-cement„ and glass mat gypsum backers. Cement, fiber- cement, or glass mat gypsum backers in compliance with ASTM C 1288, C 1325 or C 1178 and installed in accordance with manufacturer recommendations shall be permitted for use as backers for wall tile in tub and shower areas and wall panels in shower areas. R703.2 Weather-resistant membrane. One layer of No. 15 asphalt-saturated felt free from holes and breaks, complying with ASTM D 226 for Type I felt, or other approved weather-resistant material shall be applied over studs or sheathing of all exterior walls. Such felt or material shall be applied horizontally, with the upper layer lapped over the lower layer not less than 2 inches (51 mm). Where joints occur, felt shall be lapped not less than 6 inches (152 mm). All such materials shall be continuous to the top of walls and terminated at penetrations and building appendages in such a manner that meets the requirements of the exterior wall envelope as described in Section R703.1. Exceptions: Such felt or material is permitted to be omitted in the following situations: 1. In detached accessory buildings. 2. Under exterior wall finish materials as permitted in Table R703.4. 3. Under paperbacked stucco lath when the paper backing is an approved weather- resistant membrane. R802.11.1 Roof tie-down. Roof assemblies shall be connected to supporting walls with rafter or truss ties installed at bearing locations to provide a continuous load path for transmitting the uplift forces from the rafter or truss ties to the foundation in accordance with Table R802.11. Alternatively, wind uplift pressures on roof assemblies and roof-tie down requirements may be designed in accordance with Section R301.1.2. R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B or C roofing shall be installed in areas designated by law as requiring their use or when the edge of the roof is less than 3 feet (914 mm) from a property line. Classes A, B and C roofing required to be listed by this section shall be tested in accordance with UL 790 or ASTM E 108. Roof assemblies with coverings of brick, masonry, slate, clay or concrete roof tile, exposed concrete roof deck, ferrous or copper shingles or sheets, and metal sheets and shingles, shall be considered Class A roof coverings. Exception: Class A or Class B roof coverings are required on all new structures within a wildfire hazard area. 19 Section R907.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of this chapter. Exceptions: 1. Reroofing shall not be required to meet the minimum design slope requirement of one-fourth vertical in 12 units horizontal (2-percent slop) in Section R905 for roofs that provide positive roof drainage. 2. Any existing roof covering system located outside of an Estes Park Wildfire Hazard Area may be replaced with a roof covering of the same materials and classification, provided the replacement roof covering has a minimum rating of Class C. 3. The reroofing of 50 percent or more during a one year period of any existing structure located within an Estes Park Wildfire Hazard Area requires a minimum Class B roof covering. In Estes Park Wildfire Hazard Areas, no portion of an existing nonrated roof covering may be permanently replaced or covered with more than one square of nonrated roof covering. R1002.7 Definitions. Wood Stove - an appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. Fireplace insert - a wood-burning device designed to be installed in an existing fireplace. Fireplace - is a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. Factory-built Fireplace - is a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction. Factory-built fireplaces are not dependent on mortar-filled joints for continued safe use. R1003.1.1 Installation. 1. All fireplaces installed on or after January 1, 2005, in the Town of Estes Park shall be one of the following: (a) A gas fireplace or fireplace with a gas log installed and functioning at time of final inspection; (b) An electric device; or (c) A fireplace that meets the Phase 111 emissions standards for wood stoves established by the Colorado Air Quality Control Commission or any other clean burning device that is approved by the commission. 20 2. All fireplaces installed prior to January 1, 2005, in the Town of Estes Park shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such fireplace shall be one of the types specified in Subsection (1.) (a), (b), or (c) above. N1101.2 Compliance. Compliance with this chapter shall be demonstrated by meeting the requirements of the applicable sections and tables of this chapter. Where applicable, provisions are based on the climate zone where the building is located. The climate zone where the building is located shall be based on zone assignments in Table Nl 101.2 for the county and state in which the building is being constructed. Alternatively, the climate zone shall be permitted to be determined by the heating degree-days assigned by the building official. Thermal design parameters in Zone 13. The following thermal design parameters shall be used for calculations required under this code:. Winter Outdoor Design Dry-bulb (1'F), Winter Indoor Design Dry-bulb (72 08, Summer Outdoor Design Dry-bulb (91 'F), Summer Indoor Design Dry-bulb (75 0F), Summer Design Wet-bulb (59 'F), 6368 Degree Days Heating, and 479 Degree Days Cooling. All heating and cooling equipment shall be sized such that the total sensible capacity of the cooling equipment does not exceed the total sensible load by more than 7% for cooling-only applications; or by more than 25% for cold-climate applications in accordance with the procedures in ACCA Manual J, 01 Edition, using the above thermal design parameters. All ducted air-distribution heating and cooling systems shall be sized using cooling loads. All heating and cooling equipment shall be tested to ensure such equipment is operating within the manufacturers' recommended parameters and standards according to the applicable protocols established by the building official and in accordance with the mechanical code adopted by the Town of Estes Park. Exception: Accessory buildings. Fully enclosed accessory buildings and attached garages not containing habitable space may be conditioned subject to the following thermal and envelope criteria: 1. Such spaces meet the criteria for thermal isolation and any HVAC equipment installed therein is sized for a peak design load assuming a maximum Winter Indoor Design Dry-bulb Temperature of 600F (160C) and a minimum Summer Indoor Design Dry-bulb Temperature of 800F (270C). 2. The walls are insulated with insulation having a minimum R-value of R-13. 3. The roof/ceiling is insulated with insulation having a minimum R-value of R:30. 4. Windows have a maximum U-factor of 0.45 and in total do not exceed 10% of the floor area. 5. Doors have a minimum R-value of 3 and are sealed to prevent infiltration to the extent practical as determined by the building official. 21 Table N1102.1 Estes Park Single-Family Prescriptive Package (a)(h)(i) Maximum Maximum Maximum Minimum Minimum Minimum Minimum Minimum Minimum Minimum Minimum Glazing Fenestration Skylight Ceilings Frame Mass Floor R- Basement Slab Crawl Heating/ area U-factor U- R-value wall R- wall value wall perimeter Space Cooling window value R- over R-value R-value/ R-value/ Efficiency facto/b) to wall % valueN unheated continuous/ depth(d) continuous/ Rating Ce) cavity tyM space cavi (AFUE) 8% 0.41 0.50 38 13 8 25 11/13 10/2 ft. 11/13 80/10 10% 0.38 0.50 38 13 8 25 11/13 10/2 ft. 11/13 80/10 12% 0.35 0.50 49 15 11 25 11/13 10/2 ft. 11/13 80/10 14% 0.35 0.50 49 15 11 25 13/15 10/2 ft. 13/15 80/10 16% 0.32 0.50 49 15 11 25 15/17 10/2 ft. 15/17 80/10 NA 0.35 0.60 38 19 or 13 25 10/13 10/2 ft. 10/13 80/10 13+50 NA 0.35 0.60 49 21 15 30 10/13 10/4 ft. 10/13 Elec. Heat NA 0.50 0.65 38 13 8 19 10/13 10/2 ft. 10/13 90/12 (a) R-values are minimums. U-factors Solar Heat Gain Coefficient (SHGC) are maximums. R-19 shall be permitted to be compressed into a2x6 cavity. (b) The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. (c) The first R-value applies to continuous insulation, the second to framing cavity insulation; either insulation meets the reg'uirement. (d) The R-5 shall be added to the required slab edge R-values for heated slabs. (e) Or insulation sufficient to fill the framing cavity, R-19 minimum. (f) 13+5 means R-13 cavity insulation plus R-5 insulated sheathing. If structural sheathing covers 25% or less of the exterior, R-5 sheathing is not required where structural sheathing is used. If structural sheathing covers more than 25% of exterior, structural sheathing shall be supplemented with insulated sheathing of at least R-2. (g) Nominal log thickness of 6 inches has a mass wall R-Value (8.3), an 8-inch log is (11.3), a 10-inch log is (13.9), and a 12-inch log is (16.5) (h) The following thermal design parameters shall be used for calculations required under this code. Winter Outdoor, Design Dry-bulb (oF) =1 Winter Indoor, Design Dry-bulb CF) = 72 Summer, Outdoor Design Dry-bulb (oF) = 91 Summer, Indoor Design Dry-bulb (oF) = 75 Summer, Design Wet-bulb ('F) = 59 Degree days heating = 6368 Degree dayi cooling = 479 (i) In addition, the Town of Estes Park will accept any Zone 13 Single Family Prescriptive Packages in the 2003 lECC or 2003 IRC, such as attached document. Also, any trade off ResCheck Compliance Report that passes using 2003 International Energy Conservation Code and HDD = 6368, and any Performance Rating, such as E-star, of 82% or greater. For additional information on energy codes or free software download of ResCheck go to www.eneravcodes.qov M1401.3 Sizing. Heating and cooling equipment shall be sized based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. The total sensible capacity of the cooling equipment shall not exceed the total sensible load by more than 15% for cooling-only applications; or by more than 25% for cold-climate applications in accordance with the procedures in ACCA Manual J, f Edition, using thermal design parameters in Table 302.1. All ducted air-distribution heating and cooling systems shall be sized using cooling loads. All heating and coolino equipment shall be tested to ensure such equipment is operating within the manufacturer's recommended operating parameters and standards, including 22 within such parameters and standards for sufficient combustion, according to the applicable protocols established by the building official and in accordance with the mechanical code adopted by the Town of Estes Park. M1414.1. General. Fireplace stoves shall be listed, labeled and installed in accordance with the terms of the listing. Fireplace stoves shall be tested in accordance with UL 737. M1414.1.1 All wood stoves and fireplace inserts installed on or after January 1, 2005, in the Town of Estes Park shall meet the Phase 111 emissions standards for wood stoves established by the Colorado Air Quality Control Commission. M1414.1.2 All wood stoves and fireplace inserts installed prior to January 1, 2005, in the Town of Estes Park shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such wood stove or fireplace insert shall meet the Phase 111 emission standards for wood stoves established by the Colorado Air Quality Control Commission. M1414.1.3 Defintions: Wood Stove - an appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. Fireplace insert - a wood-burning device designed to be installed in an existing fireplace. Fireplace - is a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. Factory-built fireplace - is a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction. Factory-built fireplaces are not dependent on mortar-filled joints for continued safe use. M1500.1 Exterior discharge. The air removed by every ducted mechanical exhaust system shall be discharged to the outdoors such that the exhausted air is not returned indoors by mechanical ventilating systems. Indoor air shall not be exhausted into an attic, soffit, ridge vent or crawl space. Exception: Whole-house ventilation-type attic fans that discharge into the attic space of dwelling units having private attics shall be permitted. M1500.2 Indoor depressurization. Ducted exhaust systems shall not induce or create a negative pressure sufficient to cause backdrafting of naturally vented, open combustion-chamber, fuel-burning appliances, or create negative pressure in excess of negative 3 Pa. in the immediate proximity of combustion chambers of such appliances. 23 M1501.4 Terminations. Dryer exhaust duct terminations shall not be located within 3 feet of openings into the building. M1502.1 General. Range hoods shall discharge to the outdoors through a single-wall duet. The duct serving the hood shall have a smooth interior surface, shall be air tight and shall be equipped with a backdraft damper. Ducts serving range hoods shall not terminate in an attic or crawl space or areas inside the building. Exception: Where installed in accordance with the manufacturer's installation instructions, and where mechanical or natural ventilation is otherwise provided, (and where the range hood does not serve a gas appliance) listed and labeled ductless range hoods shall not be required to discharge to the outdoors. M1502.4 Negative pressure. Ducted exhaust systems shall not induce or create a negative pressure effecting gravity-venting appliances. M1601.3.9 Protection. During construction, duet systems shall be protected from entrance of dirt, construction debris and dust. Delete section M1601.4 Under-Floor Plenums. M1602.2 Prohibited sources. Outside or return air for a forced-air heating or cooling system shall not be taken from the following locations: 1. Closer than 10 feet (3048 mm) from an appliance vent outlet, a vent opening from a plumbing drainage system or the discharge outlet of an exhaust fan, unless the outlet is 3 feet (914 mm) above the outside air inlet. 2. Where there is the presence of flammable vapors; or where located less than 10 feet (3048 mm) above the surface of any abutting public way or driveway; or where located at grade level by a sidewalk, street, alley or driveway. 3. A room or space, the volume of which is less than 25 percent of the entire volume served by such system. Where connected by a permanent opening having an area sized in accordance with ACCA Manual D, adjoining rooms or spaces shall be considered as a single room or space for the purpose of determining the volume of such rooms or spaces. Exception: The minimum volume requirement shall not apply where the amount of return air taken from a room or space is less than or equal to the amount of supply air delivered to such room or space. 4. A closet, bathroom, toilet room, kitchen, garage, mechanical room, furnace room or other dwelling unit. 5. A room or space containing a fuel-burning appliance where such room or space serves as the sole source of return air. Exceptions: 1. The fuel-burning appliance is a direct-vent appliance. 2. The room or space complies with the following requirements: 24 2.1. The return air shall be taken from a room or space having a volume exceeding 1 cubic foot for each 10 Btu/h (9.6 L/W) of combined input rating of all fuel-burning appliances therein. 2.2. The volume of supply air discharged back into the same space shall be approximately equal to the volume of return air taken from the space. 2.3. Return-air inlets shall not be located within 10 feet (3048 mm) of any appliance firebox or draft hood in the same room or space. 3. Rooms or spaces containing solid-fuel burning appliances, provided that return-air inlets are located not less than 10 feet (3048 mm) from the firebox of such appliances. M1703.2.1 Size of opening. Where communicating with the outdoors by means of vertical ducts, each opening shall have a free area of at least 1 square inch per 4,000 Btu/h (0.550 mm2/W) of total input rating of all appliances in the space. Where horizontal ducts are used, each opening shall have a free area of at least 1 square inch per 2,000 Btu/h (0.275 mm2/W) of total input of all appliances in the space. Ducts shall be of the same minimum cross-sectional area as the required free area of the openings to which they connect. The minimum cross-sectional dimension of rectangular air ducts shall be 3 inches (76 mm). Exception: Where combustion air ducts serve equipment which is located within and serve an individual dwelling unit and communicate directly with the outdoors, 6 inch (152.4 mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 Btu. Where the total combined equipment input rating exceeds 175,000 Btu the ducting shall be increased by adding an additional 1 square inch (645.2 mm2) for each 5,000 Btu/hour or fraction thereof, input rating above 175,000 Btu. M1801.1 Venting required. Fuel-burning appliances shall be vented to the outside in accordance with their listing and label and manufacturer's installation instructions except appliances listed and labeled for unvented use. Venting systems shall consist of approved chimneys or vents, or venting assemblies that are integral parts of labeled appliances. Gas-fired appliances shall be vented in accordance with Chapter 24. Exception: Appliances listed and labeled for unvented use are prohibited in the Town of Estes Park, except as permitted in Section G2425.8 of this code.) Section G2401.2 Fuel-gas pipe contractor. No one shall engage in the installation or alteration of any fuel-gas piping unless he or she is qualified and demonstrates competency to the satisfaction of the building official. Exception: Owner occupants of single-family dwellings. Section 2406.2 (303.3) Prohibited locations. Appliances shall not be located in, or obtain combustion air from, any of the following rooms or spaces: 25 1. Sleeping rooms. 2. Bathrooms. 3. Toilet rooms. 4. Storage closets. Exceplons: 1. Direct-vent appliances that obtain all combustion air directly from the outdoors. 2. Vented room heaters, wall furnaces, vented decorative appliances and decorative appliances for installation in vented solid fuel-burning fireplaces, provided that the room meets the required volume criteria of Section G2407.5. 3. Appliances installed in an enclosure in which all combustion air is taken from the outdoors, in accordance with Section G2407.6. Access to such enclosure shall be through a solid weather-stripped door, equipped with an approved self-closing device. G2407.5 (304.5) Indoor combustion air. The required volume of indoor air shall be determined in accordance with Section G2407.5.1 or G2407.5.2, except that where the air infiltration rate is known to be less than 0.40 air changes per hour (ACH), Section G2407.5.2 shall be used. The total required volume shall be the sum of the required volume calculated for all appliances located within the space. Rooms communicating directly with the space in which the appliances are installed through openings not furnished with doors, and through combustion air openings sized and located in accordance with Section G2407.5.3, are considered to be part of the required volume. The required volume of indoor air shall be determined in accordance with Section G2407.5.1 or G2407.5.2, when it is shown that the infiltration rate is at least 0.40 air changes per hour or greater. Where the air infiltration rate is known to be less than 0.40 air changes per hour (ACH), Section G2407.5.2 shall be used. G2407.5.1 (304.5.1) Standard method. The minimum required volume shall be 50 cubic feet per 1,000 Btu/h (4.8 m3/kW). G2407.5.2 (304.5.2) Known air-infiltration-rate method. Where the air infiltration rate of a structure is known, the minimum required volume shall be determined as follows: For appliances other than fan assisted, calculate volume using Equation 24-1. Required Volumeomer 2 21#3( I other \ ACH <1,000Btu / hr j For fan-assisted appliances, calculate vblume using Equation'24-2. Equation 24-2. Required Volumefan 2 15~# 3 < Ifan ~ ACH ~ 1,000Btu /hr I where: 6her = All appliances other than fan assisted (input in Btu/h). |fan = Fan-assisted appliance (input in Btu/h). 26 ACH = Air change per hour (percent of volume of space exchanged per hour, expressed as a decimal). For purposes of this calculation, an infiltration rate greater than 0.60 ACH shall not be used in Equations 24-1 and 24-2. G2407.5.3 (304.5.3) Indoor opening size and location. Openings used to connect indoor spaces shall be sized and located in accordance with Sections G2407.5.3.1 and G2407.5.3.2 (see Figure G2407.5.3). G2707.6.1 Two permanent openings method. Exception: Where combustion air ducts serve equipment which is located within and serve an individual dwelling unit and communicate directly with the outdoors, 6 inch (152.4 mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 Btu. Where the total combined equipment input rating exceeds 175,000 Btu the ducting shall be increased by adding an additional 1 square inch (645.2 mm2) for each 5,000 Btu/hour or fraction thereof, input rating above 175,000 Btu. G2407.11 (304.11) Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be of galvanized steel complying with Chapter 16 or of equivalent corrosion-resistant material approved for this application. Exception; Within existing dwelling units during remodel work when the use of ducted combustion air is not feasible, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. Exception; Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the listing and the manufacturer's instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level. 27 G2408.4 (305.7) Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab a minimum of 3.0 inches (76 mm) thick or other approved material extending above adjoining grade a minimum of 3.0 inches (76 mm) or shall be suspended 'a minimum of 6 inches (152 mm) above adjoining grade. G2409.4.5 (308.4.6) Clearance from supply ducts. Central-heating furnaces where the bonnet temperature exceeds 1500 F (65.60 C) shall have the clearance from supply ducts within 3 feet (914 mm) of the furnace plenum be not less than that specified from the furnace plenum. No clearance is necessary beyond this distance. G2415.7 (404.7) Above-ground piping outdoors. All piping installed outdoors shall be elevated not less than 6 inches (152 mm) above ground and where installed across roof surfaces, shall be elevated not less than 3 M inches (89 mm) above the roof surface. Piping installed above ground, outdoors, and installed across the surface of roofs shall be securely supported and located where it will be protected from physical damage. Where passing through an outside wall, the piping shall also be protected against corrosion by coating or wrapping with an inert material. Where piping is encased in a protective pipe sleeve, the annular space between the piping and the sleeve shall be sealed. Ferrous metals in exposed exterior locations shall be protected from corrosion in a manner satisfactory to the Administrative Authority. G2415.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade, except as provided for in Section G2415.9.1. G2415.9.1 (404.9.1) Individual outside appliances. Individual lines to outside lights, grills, or other appliances shall be installed a minimum of 18 inches (457 mm) below finished grade. Exception: Approved materials installed a minimum of 6 inches (152 mm) below finished grade when covered with a minimum 4 inches (102 mm) concrete slab. G2415.12 (404.12) Outlet closures. Gas outlets and fittings which allow for future gas line expansion that do not connect to appliances shall be provided with an approved gas shut valve with the end capped gas tight. Exceptions: 1. Listed and labeled flush-mounted-type quick-disconnect devices and listed and labeled gas convenience outlets shall be installed in accordance with the manufacturer's installation instructions. 2. Drip/dirt legs installed at the floor level at appliances. G2416.1 (405.1) General. Changes in direction of hard metallic pipe shall be permitted to be made by the use of fittings or factory bends. Delete section G2416.2 Metallic Pipe. 28 G2417.4.1 (406.4.1) Test Pressure. The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, but not less than 10 psig (68.9 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. G2420.5 (409.5) Equipment shutoff valve. Each appliance shall be provided with a shutoff valve separate from the appliance. The shutoff valve shall be located in the same room as the appliance, not further than 6 feet (1.829 m) from the appliance, and shall be installed upstream from the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access. Exception: Shutoff valves for vented decorative appliances and decorative appliances for installation in vented fireplaces shall not be prohibited from being installed in an area remote from the appliance where such valves are provided with ready access. Such valves shall be permanently identified and shall serve no other equipment. Remote valves shall be operable on the same floor as the appliance served and within 12 feet (3.66 m) as measured along the floor line. G2421.3 (410.3) Venting of regulators. Pressure regulators that require a vent shall have an independent vent to the outside of the building. The vent shall be designed to prevent the entry of water or foreign objects. Vents shall not terminate within 3 feet (914 mm)of openings into the building. Exception: A vent to the outside of the building is not required for regulators equipped with and labeled for utilization with approved vent-limiting devices installed in accordance with the manufacturer's instructions. G2422.1.1 (411.1.1) Protection from damage. Connectors and tubing shall be installed so as to be protected against physical damage. Connectors and tubing shall not be installed through the sidewall of the appliance served. G2425.8 (501.8) Equipment not required to be vented. The following appliances shall not be required to be vented: 1. Electric Ranges. 2. Built-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type I clothes dryers (Type I clothes dryers shall be exhausted in accordance with the requirements of Section G2439). 5. Refrigerators. 6. Counter appliances. G2439.1 (614.1) Installation. Clothes dryers shall be exhausted in accordance with the manufacturer's instructions. Dryer exhaust systems shall be independent of all other systems and shall convey the moisture and any products of combustion to the outside 29 of the building. Dryer exhaust duct terminations shall not be located within 3' of openings into the building. Delete section G2445 (621) Unvented Room Heaters. Section G2447.5 Range hoods. Range hoods shall be installed over gas cooking equipment and shall discharge to the outdoors through a single-wall duet. The duct serving the hood shall have a smooth interior surface, shall be airtight and shall be equipped with a back-draft damper. Ducts serving range hoods shall not terminate in an attic or crawl space or areas inside the building and shall not induce or create a negative pressure in excess of negative 3 Pa, effecting gravity venting appliances. G2451.3 Infrared radiant heaters. Infrared radiant heaters shall not be used as outdoor heating when attached to the buildings permanent fuel/gas piping system. P2501.1 Scope. The provisions of this chapter shall establish the general administrative requirements applicable to plumbing systems and inspection requirements of this code. The intent of this code is to meet or exceed the requirements of the State of Colorado Plumbing Code. When technical requirements, specifications or standards in the State Plumbing Code conflict, the more restrictive shall apply. Specifically, the State Plumbing Code shall apply in those instances where this does not provide technical requirements, specifications or standards. This shall apply in those instances where the State Plumbing Code does not provide technical requirements, specifications or standards. Should the State Plumbing Code and this code each provide technical requirements, specifications or standards on any single matter in terms so distinct that determining which is more restrictive is not readily apparent, the State Plumbing Code shall apply. P2603.5 Pipes through footings or foundation walls. Any pipe that passes under a footing or through a foundation wall shall be provided with a pipe sleeve two pipe sizes greater than the pipe passing through. P2603.6 Freezing. In localities having a winter design temperature of 320F (00C) or lower as shown in Table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 60 inches (1525 mm) deep. P2603.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 24 inches (610 mm) below finished grade at the point of septic tank connection. Private sewage disposal systems shall comply with County Health Department regulations. Building sewers shall be a minimum of 24 inches (610 mm) below grade. , 30 P2902.2 Backflow protection. A means of protection against backflow shall be provided in accordance with Sections P2902.2.1 through P2902.2.6. Backflow prevention applications shall conform to Table P2902.2, except as specifically stated in Sections P2902.2 through P2902.4. All backflow prevention shall be in compliance with and approved by the Town Water Department cross-connection control specialist. P2903.7 Size of water-service mains, branch mains and risers. The first sentence is amended to read: The minimum size water-service pipe shall be 3/4 inch (19.1 mm). The size of water-service mains shall be determined by the Town Water Department. P2904.4 Water service pipe. Water service pipe shall conform to NSF 61 and shall conform to one of the standards listed in Table P2904.4.1. Water service pipe installed underground and outside of the structure, shall have a minimum working pressure rating of 160 psi at 73°F (1100 kPa at 23°C) and shall be Type K copper. Exception: Service pipe for fire suppression systems shall be ductile pipe. P2904.4.1 Water service installation. Trenching, pipe installation and backfilling shall be in accordance with Section P2604. Water service pipe shall not be located in the same trench with the building sewer, electric service, or any other utilities. Water service pipe shall be separated from other utilities by a minimum of 10 feet (3048 mm) measured horizontally. Exception: The required separation distance shall not apply where a water service pipe crosses a sewer pipe, provided the water service pipe is sleeved to at least 10 feet (3048 mm), horizontally from the sewer pipe centerline, on both sides of such crossing with pipe materials listed in Tables P2904.4.1, P3002.1 or P3002.2. P2904.4.2 Service meter installation. Service meters shall be installed in compliance with Town Water Department design standards. P3001.1 Scope. The provisions of this chapter shall govern the materials, design, construction and installation of sanitary drainage systems. Plumbing materials shall conform to the requirements of this chapter. The drainage waste and vent (DWV) system shall consist of all piping for conveying wastes from plumbing fixtures, appliances and appurtenances, including fixture traps; above-grade drainage piping; below-grade drains within the building (building drain); below- and above-grade venting systems. The building sewer downstream of the double cleanouts shall be regulated by the appropriate sanitation district if connected to a public sewer. If connected to a private septic system, the building sewer downstream of the double cleanouts shall be regulated by the county health department. P3002.2 Building sewer. Building sewer piping shall comply with the requirements of the appropriate sanitation district. 31 P3003.2 Prohibited joints. Running threads and bands shall not be used in the drainage system. Drainage and vent piping shall not be drilled, tapped, burned or welded. The following types of joints and connections shall be prohibited: 1. Cement or concrete. 2. Mastic or hot-pour bituminous joints. 3. Joints made with fittings nat approved for the specific installation. 4. Joints between different diameter pipes made with elastomeric rolling 0-rings. 5. Solvent-cement joints between different types of plastic pipe. 6. Saddle-type fittings, except sewer taps made by the appropriate sanitation district. P3005.2.7 Building drain and building sewer junction. There shall be an approved two-way cleanout near the junction of the building drain and building sewer. This cleanout shall be as close to the building as practical and shall terminate above finish grade. An accessible interior building drain cleanout or test tee within close proximity to the building drain exit point shall not fulfill this requirement. P3102.3 Vent termination. Every vent stack or stack vent shall terminate outdoors to the open air or terminate to a stacktype air admittance valve. Air admittance valves shall be used only when necessitated by structural and finish constraints. Air admittance valves shall be permitted only when necessary to avoid damage to structural members and/or damage to interior wall or ceiling finishes. P3103.1 Vent terminals. All open vent pipes which extend through a roof shall be terminated at least 6 inches (152.4 mm) above the roof or 6 inches (152.4 mm) above the anticipated snow accumulation, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. Chapters 33 through 42 are deleted in their entirety. Chapters 33 through 42 are replaced by the latest edition of the National Electrical Code as adopted and enforced by the State of Colorado. Such Electrical code is hereby adopted by this jurisdiction. The following appendices are adopted by reference as part of the 2003 International Residential Code: APPENDIX A (IFGS) - SIZING AND CAPACITIES OF GAS PIPING APPENDIX B - SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS, CATEGORY L APPLIANCES, AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS APPENDIX C - EXIT TERMINALS OF MECHANICAL DRAFT AND DIRECT VENTING SYSTEMS APPENDIX E - MANUFACTURED HOUSING USED AS DWELLINGS 32 APPENDIX F - RADON CONTROL METHODS APPENDIX G - SWIMMING POOLS, SPAS, AND HOT TUBS APPENDIX H - PATIO COVERS APPENDIX J - EXISTING BUILDINGS AND STRUCTURES 33 INTERNATIONAL BUILDING CODE EXHIBIT B EXHIBIT B International Building Code, 2003 Edition - Amendments 101.1 Title. These regulations shall be known as the Building Code of the Town of Estes Park, hereinafter referred to as "this code." 101.4.1 Electrical. The provisions of the adopted National Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.4 Plumbing. The provisions of the International Plumbing Code 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 Larimer County Individual Sewage System Regulation enforced by the Larimer County Health Department shall apply to private sewage disposal systems. 101.4.5 Existing buildings. The provisions of the International Existing Building Code 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. 101.4.6 Fire Prevention. The provisions of the Existing Building 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 and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 102.1 General. Where, in any specific case, different sections of this code or other local, state, or federal codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 103.2 Appointment. The Director of Community Development shall appoint the building official. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related tpchnical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Existing Building Code. 1 105.2 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: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls THAT are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class 1,11 or 111-A liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 11. Swings and other playground equipment accessory to detached one- and two- family dwellings. 12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mrn) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. Minor work valued at less than two thousand dollars ($2000.00) when such minor work does not involve alteration of structural components, fire-rated assemblies, plumbing, electrical, mechanical, fire-extinguishing systems, repairs and/or maintenance of dangerous buildings, or demolition of structures that would require a permit to build. 105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. 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 the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced 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. 2 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 R108. 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 18 months from date of the extension, 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 three year 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. 105.8 Transfer of permits. 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 108. No change will be made in the expiration date of the original permit. 107.1 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 one (1) month. The building official is authorized to grant extensions for demonstrated cause. 107.3 Temporary power. The building official and/or the Colorado State Electrical Board 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 the adopted National Electric Code. 108.2 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 Table 1-A - Building Permit Fees. 108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as 3 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. Valuations shall be determined as directed by the Community Development Committee. 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to an additional fee equal to the permit fee. An investigation fee, in addition to the permit fee, shall b6 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 Table 1-A. 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 shall be assessed an investigation fee equal to three times the permit fee. 108.6 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 excepton written application filed by the original permittee not later than 180 days after the date of fee payment. 108.7 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. 108.8 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 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 comply 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 sito, 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 section 501.2. To obtain a re- 4 inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule (Table 1-A). 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. 109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. 110.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws and ordinances applicable thereto, 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. 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. 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, a letter of completion will be issued for remodels and additions. There shall be a fee for certificates of occupancy and letters of completion, as set forth in Table 1-B. 110.3 Temporary occupancy. The building official is authorized to issue a temporary certificate 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 Table 1 -B. 112.1 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 governing body and shall hold office at its pleasure. 5 The board shall adopt rules of procedure for conducting its business. Persons appealing a decision of the building official to the Board of Appeals shall at the time of making such appeal, pay to the Estes Park Community Development Department a docket fee as specified in Table 1-B. 112.2 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 have no authority to waive requirements of this code. 112.3 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. 112.4 Administration. The building official shall take immediate action in accordance with the decision of the board. Table 1-A - Building Permit Fees TOTAL VALUATION' 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 6 Table 1-A - Building Permit Fees - Continued 1Valuations shall be determined per Section 108.3 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 or Table 1-C. A plan review fee shall be paid equal to 65 percent of the building permit fee as shown in Table 1-A. The plan review fees specified in this section are separate fees from the permit fees specified in Section R108.2 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 the building department staff due to their complexity will be charged the full review fee of the outside agency used by the department of building safety for the plan review. Table 1-B Fee Schedule OTHER INSPECTIONS AND PERMITS: 1. Inspections outside of normal business hours. $100.00/hour1 (minimum charge = two hours) 2. Reinspection fees assessed under provisions of $100.00/hourl (minimum charge = one hour) Section 108.7. 3. Inspections for which no fee is specifically $100.00/hourl (minimum charge = one hour) indicated. 4. Additional plan review required by changes, $100.00/hourkminimum charge = one hour) additions or revisions to plans. 5. For use of outside consultants for plan checking Actual costs2 and inspections, or both. 6. Demolition permits. $50.00 each 7. Temporary use permits. $50.00 each 8. Certificates of occupancy. $50.00 each 9. Temporary certificates of occupancy. $100.00/hourl (minimum charge = one hour) 10. Appeals to the Board of Appeals. $50.00 each 101» 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. CHAPTER 2 - ADD DEFINITIONS a) Family. An individual or group of people living together who are related by blood, marriage, or adoption. b) Living unit. One family, plus up to two additional individuals whose place of residence is with the family in the dwelling unit. c) Sleeping Room. (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of the IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms, and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms. 404.3 Automatic sprinkler protection. Exceptions: 3. Floor openings meeting the requirements of Section 707.2, Exception 2,7,8 or 9. 4. Floor Openings meeting the requirements of Section 1019.1, Exception 8 or 9. 7 406.1.4 Separation. Separations shall comply with the following: 1. The private garage shall be separated from the dwelling unit and its attic area by means of a minimum 5/8-inch (15.9 mm) Type X gypsum board applied to the garage side. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than 5/8-inch Type X gypsum board or equivalent. 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) thick, or doors in compliance with Section 715.3.3. Said doors shall be equipped with an approved self-closing device. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. 2. Ducts in a private garage and ducts penetrating the walls or ceilings separating the dwelling unit from the garage shall be conbtructed of a minimum 0.019-inch (0.48 mm) sheet steel and shall have no openings into the garage. 3. A separation is not required between a Group R-3 and U carport provided the carport is entirely open on two or more sides and there are not enclosed areas above. 406.6.1 General. Repair garages shall be constructed in accordance with the International Fire Code and this section. This occupancy shall not include motor fuel- dispensing facilities, as regulated in Section 406.5. A repair garage is defined as any building or portion thereof, which is used for painting, body and fender work, engine overhauling, or other major repair of motor vehicles. 702.1 add definition: Fire-Containment Area. A portion of a story or basement which is totally enclosed by a smoke and draft barrier of not less than. 1-hour, fire-resistive construction. All door openings penetrating such fire-containment areas shall be protected by a tight-fitting, smoke and draft control assembly as specified in Sections 715.3.3, 715.3.5 and 715.3.7. Openings other than doors and ducts shall be protected as specified in Sections 715.4 and 715.3.3 and shall be limited to a maximum of 25 percent of any one wall, in compliance with section 715.4.7.2. All duet penetrations shall be protected by dampers as specified in section 716, Table 716.3.1, (section 716.3.2-smoke dampers), except that such dampers shall be those that are automatic closing by actuation of a smoke detector. Self-closing devices may be used in lieu of automatic closing devices on doors unlikely to be fixed open during normal conditions. Examples are: Doors at toilet rooms, stairways, closets and small storage rooms and similar areas. 903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exceptions: 1. Regardless of the occupancy classification as defined in the International Building Code, non mixed use residential buildings designed in compliance with the scooping provisions of the International Residential Code, shall be permitted to comply with thd International Residential Code instead of the International Building Code, provided such buildings do not exceed two stories in height nor 8 contain more than 15 dwelling units, nor more than 19 guest rooms. This exception does not apply in the Commercial Downtown (CD) zoning district. 2. Mixed use buildings, minimum one-hour construction, less than three stories in height, containing apartment houses with less than 16 dwelling units, congregate residences with an occupant load of less than 20, and hotels with less than 20 guest rooms. This exception does not apply in the Commercial Downtown (CD) zoning district. 3. Buildings, minimum one-hour construction in the Commercial Downtown (CD) zoning district, not more than two stories in height nor more than 5,000 square feet in total usable floor area. 1008.1.4 Floor elevation. Regardless of the occupant load served, there shall be a floor or landing on each side of a door. Where access for persons with disabilities is required by Chapter 11, the floor or landing shall not be more than M inch lower than the threshold of the doorway. Where such access is not required, such dimensions shall not exceed 1 inch. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2- percent slope). Exceptions: 1. Doors serving individual dwelling units in Groups R-2 and R-3 as applicable in Section 101.2 where the following apply: 1.1. A door is permitted to open at the top step of an interior flight of stairs, provided the door does not swing over the top step. 1.2. Screen doors and storm doors are permitted to swing over stairs or landings. 2. Exterior doors as provided for in Section 1003.5, Exception 1, and Section 1017.2, which are not on an accessible route. 3. In Group R-3 occupancies, the landing at an exterior doorway shall not be more than 73/4 inches (197 mm) below the top of the threshold, provided the door, other than an exterior storm or screen door, does not swing over the landing. 4. Variations in elevation due to differences in finish materials, but not more than 0.5 inch (12.7 mm). 5. Exterior decks, patios or balconies that are part of Type B dwelling units and have impervious surfaces, and that are not more than 4 inches (102 mm) below the finished floor level of the adjacent interior space of the dwelling unit. 6. Exterior doors other than the main entrance/exit door, in Groups R-2,R-3 and R- 5 occupancies, may open at one intervening exterior step that is equally spaced between the interior floor level above and the exterior landing below provided the intervening step has a minimum tread depth of 12 inches (304.8 mm), a maximum riser height of 7 3/4 inches (196.85 mm) and a minimum width equal to the openable door width; and provided the door does not swing over the step. 7. Doors serving building equipment rooms, which are not normally occupied. 1012.1 Where required. Guards shall be located along open-sided walking surfaces, mezzanines, industrial equipment platforms, stairways, ramps and landings which are located more than 30 inches (762 mm) above the floor or grade below. Guards shall be adequate in strength and attachment in accordance with Section 1607.7. Guards shall 9 also be located along glazed sides of stairways, ramps and landings that are located more than 30 inches (762 mm) above the floor or grade below where the glazing provided does not meet the strength and attachment requirements in Section 1607.7. All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (914.4 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from the building, shall be protected with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier. Exception: Guards are not required for the following locations: 1. On the loading side of loading docks or piers. 2. On the audience side of stages and raised platforms, including steps leading up to the stage and raised platforms. 3. On raised stage and platform floor areas such as runways, ramps and' side stages used for entertainment or presentations. 4. At vertical openings in the performance area of stages and platforms. 5. At elevated walking surfaces appurtenant to stages and platforms for access to and utilization of special lighting or equipment. 6. Along vehicle service pits not accessible to the public. 7. In assembly seating where guards in accordance with Section 1024.14 are permitted and provided. 1012.6. Area wells. All area wells, stair wells, window wells, and light wells attached to any building, when such wells are located less than 36 inches (914 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm)below the surrounding ground level, creating an opening with a horizontal dimension greater than 24 inches (610 mm) measured perpendicular from the building, with the side walls of such well having a slope steeper than 2 horizontal to 1 vertical, shall be protected with guards conforming to this section around the entire opening, or be provided with an equivalent barrier (intended walking surface would be defined as a sidewalk, pathway, patio slab or other like surface). Exceptions: 1. The access side of stairways need not be protected. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section 1025.4 of this code. 3. Covers and grates may be used over stairways and other openings used exclusively for service access or for admitting light or ventilation. 1025.1 General. In addition to the means of egress required by this chapter, provisions shall be made for emergency escape and rescue in Group R as applicable in Section 101.2 and Group I-1 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 egress and rescue openings shall be required in each 10 sleeping room, but shall not be required in adjoining areas of the basement. Such opening shall open directly into a public street, public alley, yard or court. Excepuons: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404, provided the balcony provides access to an exit and the dwelling unit or sleeping unit has a means of egress that is not open to the atrium. 2. High-rise buildings in accordance with Section 403. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms which have an exit door or exit access door that opens directly into a public street, public alley, yard, egress court or to an exterior exit balcony that opens to a public street, public alley, yard or egress court. 1025.2 Minimum size. Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.53 m2). 1107.6 Group R. Occupancies in Group R shall be provided with accessible features in accordance with Sections 1107.6.1 through 1107.6.4. Group R occupancies shall be provided with dwelling units or guest rooms accessible to the physically handicapped as specified in the 2003 Colorado Revised Statutes Title 9 Article 5 Section 105 or as amended. 1205.2.1 Adjoining spaces. For the purpose of natural lighting, any room is permitted to be considered as a portion of an adjoining room where one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one- tenth of the floor area of the interior room or 25 square feet (2.32 m2), whichever is greater. Exceptions: 1. Light and ventilation for an interior room may be supplied from an adjoining exterior room, provided the following conditions are met: (a) The common wall is provided with openable openings having an aggregate area of not less than one-twentieth (1/20) of the floor area of the interior room. (b) The adjoining exterior room has openable exterior openings for light and ventilation as required in this section, plus additional such openings not less in area than the amount required for the interior room. 2. Openings required for light and/or ventilation shall be permitted to open into a thermally isolated sunroom addition or patio cover, provided that there is an openable area between the adjoining room and the sunroom addition or patio cover of not less than one-tenth of the floor area of the interior room but not less than 20 square feet (1.86 mt. The minimum openable area to the outdoors shall be based upon the total floor area being ventilated. 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 11 rooms, kitchens, storage rooms and laundry rooms shall be permitted to 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 and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. If any room in a building has a sloped ceiling, the presctibed 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. Mezzanines constructed in accordance with Section 505.1. 4. All basements in new dwelling units, 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. 1403.6 Flood resistance. For buildings in flood hazard areas as established in Section 1612.3, exterior walls extending below the design flood elevatidn shall be resistant to water damage. Wood shall be pressure-preservative treated in accordance with AWPAC1, C2, C3, C4, C9, C15, C18, C22, C23, C24, C28, Pl, P2 and P3, or decay- resistant heartwood of redwood, black locust or cedar. Floodplain Overlay Zone Districts are established in the Estes Park Municipal Code, Chapter 17.28, Floodplain Regulations. 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 ASTMD2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. 12 Table 1505.1 -IBC Minimum Roof Covering Classification TYPES OF CONSTRJCTION 1 11 111 IV V OCCUPANCY ABA B A B H.T. A B A-1 B B --- --- --- A-2 BBB -B --- B B --- A-3 BBB B B(1.) C (3.) B (1.) B (1.) C (3.) A-4, A-5 BBB B B B B B B (1.) B BBB B B (1.) C (3.) B (1.) B (1.) C (3.) E BBBBB B B B B (1.) F BBB B B (1.) C(3.) B (1.) B (1.) C (3.) H-1 AAA A- - - H-2,3,4,5,6,7 ABB BB BBBB I-1,1-2 ABB - B --- B B --- I-3, I-4 A B B (1.) --- B (2.) --- --- B (3.) --- M BBB B B(1.) C (3.) B (1.) B (1.) C (3.) r R-1, R-2 BBB B B (1.,3.) C (3.) B (1.,3.) B (1.,3. C (1.,3.) R-3, R-4 BBB B C (3.) C (3.) C (3.) C (3.) C (3.) S-1 BBB B B(1.) C (3.) B (1.) B (1.) C (3.) S-2 BBB B B B B B B (1.) U (4.) BBB B C (3.) C (3.) C (3.) C (3.) C (3.) A = Class A roofing B = Class B roofing C = Class C roofing Footnotes to table 1505.1 - IBC (1.) Buildings that are not more than two stories in height and have not more than 6,000 square feet (557.418 sq. meters) of projected roof area and where there is a minimum of 10 feet (3048 mm) from the extremity of the roof to the property line or assumed property line on all sides except for street fronts may have Class C roof coverings. See footnote (3) also. (2.) See Section 408 (3.) The roof covering on any new structure or on the re-roofing of 50 percent or more during a one year period of any existing structure located within the Estes Park Wildfire Hazard area shall be upgraded from class C to class B: (4.) Unless otherwise required because of location, Group U roof coverings shall consist of not less than one layer of cap sheet, or built-up roofing consisting of two layers of felt and a surfacing material of 300 pounds (136 kilograms) per roofing square of gravel or other approved surfacing material, or 250 pounds (113 kilograms) of crushed slag. 1509.6 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 openings surrounded by curbs 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. 13 1608.2 Ground Snow Loads. The ground snow loads to be used in determining the design snow loads for roofs are given in Figure 1608.2 for the contiguous United States and Table 1608.2 for Alaska. Site-specific case studies shall be made in areas designated CS in Figure 1608.2. Ground snow loads for sites at elevations above the limits indicated in Figure 1608.2 and for all sites within the CS areas shall be approved. Ground snow load determination for such sites shall be based on an extreme value statistical analysis of data available in the vicinity of the site using a value with a 2- percent annual probability of being exceeded (50-year mean recurrence interval). Snow loads are zero for Hawaii, except in mountainous regions as approved by the building official. The minimum ground snow load designs shall be: Elevation to Snow Load 8,000 feet (2438.4 M) 40 psf 8,001 to 9,000 feet (2438.7 M to 2743.2 M) 50 psf 9,001 and above (2743.5 M & up) 70 psf 1609.1.1 Determination of wind loads. Wind loads on every building or structure shall be determined in accordance with Section 6 of ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered. Exceptions: 1. Wind loads determined by the provisions of Section 1609.6. 2. Subject to the limitations of Section 1609.1.1.1, the provisions of SBCCI SSTD 10 Standard for Hurricane Resistant Residential Construction shall be permitted for applicable Group R2 and R3 buildings. 3. Subject to the limitations of Section 1609.1.1.1, residential structures using the provisions of the AF&PA Wood Frame Construction Manual for One- and Two-Family Dwellings. 4. Designs using NAAMM FP 1001 Guide Specification for Design of Metal Flagpoles. 5. Designs using TIA/ELA-222 for antenna-supporting structures and antennas. Minimum Design Wind Speed within the Town of Estes Park boundaries shall be 105 mph (169 kph) (3-second Gust), Exposure C. Exception: A Colorado design professional may designate exposure on site-specific conditions. 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. R = 5.2 (ds + dh) For Sl: R = 0.0098 (cIs + d h) 14 where: d h = 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). d s = 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. Design rain loads Location Inches/Hour GPM/Square Foot 60-Minute Duration, 100-Year Return: Fort Collins 2.6 0.027 Loveland 2.66 0.0275 Estes Park 2.66 0.0275 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the governing body 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 May 4, 1987, 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. Floodplain overlay districts are established in the Estes Park Municipal Code, 17.28, Floodplain Regulations. 1615.1 General procedure for determining maximum considered earthquake and design spectral response accelerations. Ground motion accelerations, represented by response spectra and coefficients derived from these spectra, shall be determined in accordance with the general procedure of Section 1615.1, or the site-specific procedure of Section 1615.2. The site-specific procedure of Section 1615.2 shall be used for structures on sites classified as Site Class F, in accordance with Section 1615.1.1. The mapped maximum considered earthquake spectral response acceleration at short periods (SS) and at 1-second period (Sl) shall be determined from Figures 1615(1) through (10). Where a site is between contours, straight-line interpolation or the value of the higher contour shall be used. The site class shall be determined in accordance with Section 1615.1.1. The maximum considered earthquake spectral response accelerations at short period and 1-second period adjusted for site class effects, SMS and SM1, shall be determined in accordance with Section 1615.1.2. The design spectral response accelerations at short period, SDS, and at 1-second period, SD1, shall be determined in accordance with Section 15 1615.1.3. The general response spectrum shall be determined in accordance with Section 1615.1.4. Earthquake 0.2 sec spectral response acceleration Ss = 22.5, Site Class B Earthquake 1.0 sec spectral response acceleration Sl = 7.0, Site Class B 1805.2.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extending below the frost line of the locality; (30 inches (762 mm) minimum). 2. Constructing in accordance with ASCE-32; or 3. Erecting on solid rock. Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected: 1. Classified in Importance Category I (see Table 1604.5); 2. Area of 400 square feet (37 m2) or less; and 3. Eave height of 10 feet (3048 mm) or less. Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. . 2111.1 Definitions. A masonry fireplace is a fireplace constructed of concrete or masonry. Masonry fireplaces shall be constructed in accordance with this section, Table 2111.1 and Figure 2111.1. Wood stove: An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. Fireplace insert: A wood-burning device designed to be installed in an existing fireplace. Fireplace: A hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. Factory-built Fireplace: A listed assembly of a fire chamber, its chimney and 'related factory-made parts designed for unit assembly without requiring field construction. Factory-built fireplaces are not dependent on mortar-filled joints for continued safe use. 2111.15 Installation. 1. All fireplaces installed on or after January 1, 2005, in the Town of Estes Park shall be one of the following: (a) A gas fireplace or fireplace with a gas log installed and functioning at time of final inspection; (b) An electric device; or (c) A fireplace that meets the Phase 111 emissions standards for wood stoves established by the Colorado Air Quality Control Commission or any other clean burning device that is approved by the commission. 16 2. All fireplaces installed prior to January 1, 2005, in the Town of Estes Park shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such fireplace shall be one of the types specified in Subsection 1. (a), (b), or (c) above. 3001.2 Referenced standards. Except as otherwise provided for in this code, the design, construction, installation, alteration, repair and maintenance of elevators and conveying systems and their components shall conform to ASME A17.1, ASME A18.1 (Platform Lifts and Stairway chairlifts), ASME A90.1, ASME B20.1, ALI ALCTV, and ASCE 24 for construction in flood hazard areas established in Section 1612.3. Delete Chapter 34 Existing Structures. ADD CHAPTER 36 - WILDFIRE HAZARD MITIGATION WILDFIRE HAZARD MITIGATION REQUIREMENTS FOR NEW CONSTRUCTION 3601.0 Purpose. The purpose of this chapter is to establish minimum standards for design and construction of new buildings or portions thereof for the protection of life and property from wildfire. 3601.1 Scope. Within a wildfire hazard area, as defined in the Estes Valley Development Code (EVDC), all new building construction, including additions and accessory structures, shall comply with the provisions of this section. New building construction shall include all new structures. For additions to or changes in character of the occupancy or use of existing buildings, the defensible space shall be provided around the entire building. To identify wildfire hazard areas the Estes Valley Development Code utilizes the Wildfire Hazard Map in the Estes Valley Development Code Appendix A, the Colorado State Forest Service or the Larimer County Wildfire Safety Specialist. See Figure 324 as an illustration of potential wildfire hazard areas. 3601.2 Alternate Materials and Methods of Compliance. The provisions of this chapter are not intended to prevent the use of any material or method of compliance not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the building official. The building official may approve any such alternate, provided it is found that the proposed design is satisfactory and complies with the provisions of this chapter and this code and that the material or method of work offered is, for the purpose intended, at least the equivalent to that prescribed in this chapter in suitability, effectiveness, fire resistance, durability and safety. The building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be used regarding use of the alternate. The details of any action granting approval of an alternate shall be recorded and entered in the files of the Department of Building Safety. 3602.0 Definitions. For the purpose of this section, certain terms are defined as follows: 17 Conibustible - a material that fails to meet the acceptance criteria of the Standard Method of test for determination of non-combustibility in building materials. Combustible construction - a type of construction that does not meet the requirement for noncombustible construction. Defensible space - a natural or man-made area, where woody vegetation capable of allowing a fire to spread unchecked has been treated or modified to slow the spread and reduce the intensity of an advancing wildfire, and to create an area for fire suppression operations to occur. Fire-resistive construction - construction designed to resist the spread of fire. Fire-resistive rating - is the time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings construction and materials. Fire-retardant-treated wood - any wood product impregnated with chemicals by a pressure process or other means during manufacture, and which shall have a flame- spread index of not over 25. Fire separation - a construction assembly that acts as a barrier against the spread of fire. Firewall assembly - a type of fire separation of noncombustible construction which subdivides a building or separates adjoining buildings to resist the spreadof fire and which has a fire-resistance rating and structural ability to remain intact under conditions for the required fire-rated time. Flame-resistant material - material that has been modified in its chemical composition by impregnation, coating or has inherent composition that makes the material resistant to ignition and combustion when exposed to a small ignition source. Flame retardant - is an approved chemical compound or mixture which, when applied in an approved manner to any fabric or other material will render such fabric or material incapable of supporting combustion. Flame-spread index (FSI) - a relative index describing the surface-burning characteristics of building material§. The test used to establish FS! evaluates the flame spread over the building material surface when exposed to a test fire. The rate at which flame spreads across the specimen is compared on a scale of 0 for inorganic reinforced cement board, to 100 for red oak. The following table identifies the flame-spread index and Flame Spread Classification: Flame Spread Classification Flame Spread Index Class I 0 to 25 Class 11 26 to 75 18 Class 111 76 to 200 Fuel - combustible material. Noncombustible - materials that meet the acceptance criteria of the Standard Method of test for determination of non-combustibility in building materials. Noncombustible Construction - a type of construction in which a degree of fire safety is attained by the use of noncombustible materials for structural members and other building assemblies. One-hour Fire-resistive Construction - will "withstand the standard fire exposure" for one-hour "as determined by a fire test made in conformity with the standard methods of fire tests of building construction and materials." Slash - unusual concentrations of downed fuel resulting from such natural events as wind, fire, or snow breakage or such human activities as timber harvesting, road construction, or building construction. Wildfire Hazard - the relative likelihood that a fire, once started, will become disastrous. Disastrous means the destruction of life and improved property. Wildfire Hazard Area - an area in the Town of Estes Park prone to wildfires as identified in the Estes Valley Development Code, including the map, or as identified by the Colorado State Forest Service or the Larimer County Wildfire Safety Specialist. Wildfire mitigation - any action taken to eliminate or reduce the long-term risk to human life and property from wildfire. Wildfire Mitigation: 3603.0 Fire-resistive Construction. Fire-resistive construction shall be required for all new construction and shall be one of the following types: 1. One-hour fire-resistive shell shall provide not less than one-hour fire-resistive construction at all exterior walls, EXCLUDING ALL OPENINGS AND DECKS. 2. Exterior siding materials shall have a flame-spread classification of Class 111 or better. Exception: Log homes using solid logs with a minimum tip diameter of 6 inches for exterior wall construction and 8 inches for roof beams, purlins and supporting columns shall be considered as one-hour fire-resistive construction. 3. Roof coverings shall comply with Chapter 9 of this code. 4. Additions greater than or equal to fifty percent (50%) of the total square footage of the existing structure shall require the entire structure to come into compliance with this section. 3604.0 Defensible space. Defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in the Wildfire 19 Hazard Area. For additions to or changes in character of the occupancy or use in existing buildings, the defensible space shall be provided around the entire building. 3604.1 Evaluation. Evaluation of the defensible space will be based upon: 1. Current Colorado State Forest Service standards and guidelines, and 2. Site-specific vegetation and topographical characteristics. 3. The building official may allow alternatives to the Colorado State Forest Service Standards and Guidelines based on specific site conditions. 3604.2 Completion. The defensible space must be completed prior to the applicant receiving a certificate of occupancy or a letter of completion. 3605.0 Liquid Propane Gas. Liquid propane gas facilities installed in a Wildfire Hazard Area shall comply with the current Town requirements for installation of liquid propane gas facilities. The tank shall be located in the defensible space on the same contour as or downhill from the structure. 3605.1 Alternate designs. The building official may approve other alternate designs provided it meets the requirements of Section R104.11. 3606.0 Inspection Fees. Fees shall be assessed in accordance with the Larimer County wildfire assessment and inspection fee schedule, Table 1-C. 3607.0 Appeals. Appeals of interpretations made by tbe building official relative to the application of this section shall be made to the Board of Appeals. 3608.0 Maintenance. Areas of defensible space created as required by this code, the Estes Valley Development Code, or referenced documents within either code are to be maintained by the property owner. No re-planting or new planting of trees, shrubs, or other vegetation that would violate the defensible space requirements of this section shall be permitted. Defensible space shall be provided around the entire structure or building. 20 Table 1-C - Larimer County Wildfire Assessment and Inspection Fee Schedule 1 REQUIRED WILDFIRE TYPE SITE INSPECTIONS TOTAL ASSESSMENT New Residence $50.00 $100.00 $150.00 New Utility Building $50.00 $35.00 $85.00 New Commercial $50.00 $100.00 $150.00 Residence Addition $50.00 $100.00 $150.00 Utility Building Addition $50.00 $35.00 $85.00 Commercial Addition $50.00 $100.00 $150.00 Fees for other inspections or services not covered above = $50.00 per hour (minimum charge = one hour. 1 This schedule is current as of January 1, 2005. Official revisions to this schedule by Larimer County are hereby adopted by reference. The following appendix chapters are specifically adopted as part of the 2003 International Building Code: APPENDIX B - BOARD OF APPEALS The provisions contained in this appendix are hereby adopted by reference with the following amendments. 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. B101.2 Membership of board. The board of appeals shall consist of persons appointed by the chief appointing authority as follows: 1. One for three years; one for two years; and one for one year. 2. Thereafter, each new member shall serve for three 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. B101.2.1 Alternate members. The chief appointing authority 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 three years, or until a successor has been appointed. B101.2.3 Rules and procedures. The board is authorized to establish policies and procedures necessary to carry out its duties. B101.2.4 Chairperson. The board shall annually select one of its members to serve as chairperson. 21 B101.2.5 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. B101.2.6 Secretary. The chief administrative officer 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. B101.2.7 Compensation of members. Compensation of members shall be determined by law. B101.3 Notice of meeting. The board shall meet upon notice from the chairperson, within 10 days of the.filing of an appeal or at stated periodic meetings. B101.3.1 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 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 Postponed hearing. When three 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 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 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 Administration. The building official shall take immediate action in accordance with 'the decision of the board. B101.4.3 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. Appendix C - Group U - Agricultural Buildings Appendix G - Flood-Resistant Construction Appendix 1 - Patio Covers Appendix J - Grading 22 J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefore from the building official. A grading permit does not include the construction of retaining walls or other structures. J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. This phrase was added to assure that the "exploratory excavation" is not to begin construction of a building prior to receiving a permit for the sole purpose of preparing a soils report. Exemption from the permit requirements of this appendix 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. J104.1 Grading fees. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in Tables J-1 and J-2. J104.2 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 J-1. 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. J104.3 Grading permit fees. A fee for each grading permit shall be paid to the building official as set forth in Table J-2. 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. J104.4 Bonds. The building official may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the building official in an amount equal to that which would be required in the surety bond. 23 Table J-1 - Grading Plan Review Fees 50 cubic yards (38.2mD 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 ml $45.00 1,001 to 10,000 cubic yards (765.3 m3 to 764.6 ms) $58.00 10,001 to 100,000 cubic yards (7,646.3 m3 to 76,455 mt = $58.00 for the first 10,000 cubic yards (7,645.5 m31 plus $28.00 for each additional 10,000 cubic yards (7,645.5 mD or fraction thereof. 100,001 to 200,000 cubic yards (76,455 m3 to 152,911 ms) = $310.00 for the first 100,000 cubic yards (76,455 mD, plus $15.00 for each additional 10,000 cubic yards (7,645.5 ml or fraction thereof. 200,001 cubic yards (152,912 ml or more = $460.00 for the first 200,000 cubic yards (152,911 mt plus $8.50 for each additional 10,000 cubic yards (7,645.5 mt 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. Table J-2 - Grading Permit Feesl 50 cubic yards (38.2mD 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 inD = $45.00 for the first 100 cubic yards (76.5 mt plus $20.00 for each additional 100 cubic yards (76.5 mt or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 764.6 mD = $225.00 for the first 1,000 cubic yards (764.6 mt plus $16.00 for each additional 1,000 cubic yards (764.6 ml or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m3 to 76,455 ms) = $369.00 for the first 10,000 cubic yards (7,645.5 ml, plus $76.00 for each additional 10,000 cubic yards (7,645.5 mt or fraction thereof. 100,001 cubic yards (76,455 m3) or more = $1,053.00 for the first 100,000 cubic yards (76,455 ml, plus $42.00 for each additional 10,000 cubic yards (7,645,5 mD or fraction thereof. Other Fees: 1. Inspections outside of normal business hours $100.00/houF (minimum charge = two hours) 2. Re-inspection fees assessed under provisions of Section 108.8 $100.00/houf 3. Inspections for which no fee is specifically indicated $50.50/houf (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. 24 INTERNATIONAL EXISTING BUILDING CODE EXHIBIT C EXHIBIT C International Existing Building Code, 2003 Edition - Amendments 101.1 Title. These regulations shall be known as the Existing Building Code of the Town of Estes Park, herein after referred to as "this code." 101.4 Existing buildings. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or as deemed necessary by the code official for the general safety and welfare of the occupants and the public. Delete section 101.5 Maintenance. 102.1 General. Where in any specific case different sections of this code or other local, state, or federal codes, specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created, and the official in charge thereof shall be the building official herein after known as the code official. 103.2 Appointment. The Director of Community Development shall appoint the code official. 105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. 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 the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced 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 Rl 08. 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 1 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 18 months from date of the extension, 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 three-year 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. 107.1 General. The code 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 one (1) month. The code official is authorized to grant extensions for demonstrated cause. 108.2 Schedule of permit fees. On buildings, 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 Table 1-A - Building Permit Fees in the 2003 International Building Code. 108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit 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 valuation shall be determined as directed by the Community Development Committee. 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee. 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 Table 1-A. 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 shall be assessed an investigation fee equal to three times the permit fee. 108.6 Refunds. The building official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 2 3. Not more than eighty 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 canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 110.2 Certificate issued. After the code official inspects the building and finds no violations of the provisions of this code or other laws that are enforced by the Department of Building Safety, the code official shall issue a certificate of occupancy that shall contain the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 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 code official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy in accordance with the provisions of the International Building Code. 9. The type of construction as defined in the International Building Code. 10. The design occupant load and any impact the alteration has on the design occupant load of the area not within the scope of the work. 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, a letter of completion will be issued for remodels and additions. There shall be a fee for certificates of occupancy and letters of completion, as set forth in Table 1-B of the 2003 International Building Code. 110.3 Temporary occupancy. The code official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The code official shall set a time period during which the temporary certificate of occupancy is valid. There will be a fee for Temporary Certificates of Occupancy as set forth in Table 1-B in the 2003 International Building Code. 3 112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the code 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 the board of appeals specified in Section 112 of the 2003 International Building Code. All references in this code shall be amended to read "the adopted National E/ectnba/ Code (NEC) enforced by the State of Colorado and/or the Town of Estes Park".. 1201.2 Applicability. Structures existing prior to May 13, 1957, in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 10. The provisions of Sections 1201.2.1 through 1201.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H or Group I. 4 INTERNATIONAL MECHANICAL CODE EXHIBIT D EXHIBIT D International Mechanical Code, 2003 Edition - Amendments 101.1 Title. These regulations shall be known as the Mechanical Code of the Town of Estes Park, hereinafter referred to as "this code." 103.1 General. The department of building safety is hereby created and the executive official in charge thereof shall be known as the building official. 103.2 Appointment. The Director of Community Development shall appoint the code official; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 106.4.3 Expiration. Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. 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 the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced 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 Rl 08. 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 18 months from date of the extension, 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 three year 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. Delete section 106.4.4 Extensions. 1 106.5.1 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee. 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 Table 1 -A. 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 shall be assessed an investigation fee equal to three times the permit fee. 106.5.2 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 Table 1-A - Building Permit Fees in the 2003 International Building Code. 106.5.3 Fee refunds. The building official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than eighty 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 canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not, later than 180 days after the date of fee payment. 107.2.4 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 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 comply 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 approval of the building official, or for failure to post a readily visible address as required.. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule (Table 1- 2 B) established in the IBC. 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. 107.4 Temporary connection. The code official shall have the authority to authorize the temporary connection of a mechanical system to the sources of energy for the purpose of testing mechanical systems or for use under a temporary certificate of occupancy. Section R108.9, There will be a fee for Temporary Certificates of Use as set forth in Table 1-B of the IBC. Section 108.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 108.5 Stop Work Orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. 109.1 Application for appeal. A person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. The Board of appeals shall be the board of appeals specified in Section 112 of the 2003 International Building Code. 304.9 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab or other approved material extending 3 inches (76.2 mm) minimum above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above adjoining grade. 504.6.3 Dryer exhaust duct terminations. Dryer exhaust duet terminations shall not be located within 3 feet (914.4 mm) of an opening into the building. 3 505.2 Kitchens with gas ovens. Kitchens with gas ovens shall be supplied with an exhaust system vented to the outside. Ducts serving kitchen exhaust systems shall not terminate in an attic, crawl space or areas inside the building and shall not create a negative pressure in excess of negative 3 Pa. effecting gravity-venting appliances. 506.3.10 Grease duct enclosure. Delete exception 2. 506.3.12 Exhaust outlets serving Type I hoods. Exhaust outlets for grease ducts serving Type I hoods shall conform to the requirements of Sections 506.3.12.1 through 506.3.12.3. 506.3.12.1 Termination above the roof. Exhaust outlets that terminate above the roof shall have the discharge opening located not less than 40 inches (1016 mm) above the roof surface. Delete Section 506.3.12.2 Termination through an exterior wall. Renumber Section 506.3.12.3 to 506.3.12.2 602.2 Construction. Plenum enclosures shall be constructed of materials permitted for the type of construction classification of the building. The use of gypsum boards to form plenums shall be limited to dwelling units with systems where the air temperatures do not exceed 125°F (52°C) and the building and mechanical system design conditions are such that the gypsum board surface temperature will be maintained above the airstream dew-point temperature. Air plenums formed by gypsum boards shall not be incorporated in air-handling systems utilizing evaporative coolers. 602.3 Stud cavity and joist space plenums. Combustible Stud wall cavities and the spaces between solid floor joists shall not be utilized as air plenums. Exception: Combustible sfud wall cavities within dwelling units may be used as plenums provided they comply with the following conditions: 1. Such cavities or spaces shall not be utilized as a plenum for supply air. 2. Such cavities or spaces shall not be part of a required fire-resistance-rated assembly. 3. Stud wall cavities shall not convey air from more than one floor level. 4. Stud wall cavities and joist space plenums shall comply with the floor penetration protection requirements of the International Building Code. 5. Stud wall cavities and joist space plenums shall be isolated from adjacent concealed spaces by approved fireblocking as required in the International Building Code. 4 603.2 Duct sizing. Ducts installed within a single dwelling unit shall be sized in accordance with ACCA Manual D or other approved methods, and installed in accordance with International Energy Conservation Code Section 403.5. Ducts installed within all other buildings shall be sized in accordance with the ASHRAE Handbook of Fundamentals or other equivalent computation procedure. 603.18 Duct protection during construction. During construction, ail duet systems shall be protected from entrance of dirt. Construction debris and dust need to be removed from ducts and furnace filter replaced prior to final inspection. 607.4 Access and identification. Fire and smoke dampers shall be provided with an approved means of access, large enough to permit inspection and maintenance of the damper and its operating parts. The access shall not affect the integrity of fire-resistance- rated assemblies. The access openings shall not reduce the fire-resistance rating of the assembly. Access points shall be permanently identified on the exterior of the damper and located such that removal of finish ceiling work is not required, by a label having red letters not less than 0.5 inch (12.7 mm) in height reading: SMOKE DAMPER or FIRE DAMPER or SMOKE & FIREDAMPER. Access doors in ducts shall be tight fitting and suitable for the required duet construction. 703.1.3 Size of horizontal openings. The net free area of each opening, calculated in accordance with Section 709 and connected to the outdoors through a horizontal duet, shall be a minimum of 1 square inch per 2,000 Btu/h (1100 mm2/kW) of combined input rating of the fuel-burning appliances drawing combustion and dilution air from the room. The cross-sectional area of the duet shall be equal to or greater than the required size of the opening. Exception: Where combustion air ducts serve equipment which are located within and serve an individual dwelling unit of Groups R-1, R-2, R-3, and R-4 Occupancies and communicate directly with the outdoors, 6 inch (152.4 mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 Btu. Where the total combined equipment input rating exceeds 175,000 Btu the ducting shall be increased by an additional 1 square inch (645.2 mmb for each 5,000 Btu/hour or fraction thereof, input rating above 175,000 Btu. 703.1.4 Size of vertical openings. The net free area of each opening, calculated in accordance with Section 709 and connected to the outdoors through a vertical duet, shall be a minimum of 1 square inch per 4,000 Btu/h (550 mm2/kW) of combined input rating of the fuel-burning appliances drawing combustion and dilution air from the room. The cross-sectional area of the duet shall be equal to or greater than the required size of the opening. 5 Exception: Where combustion air ducts serve equipment which are located within and serve an individual dwelling unit of Groups R-1, R-2, R-3, and R-4 Occupancies and communicate directly with the outdoors, 6 inch (152.4 mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 Btu. Where the total combined equipment input rating exceeds 175,000 Btu the ducting shall be increased by an additional 1 square inch (645.2 mm2) for each 5,000 Btu/hour or fraction thereof, input rating above 175,000 Btu. 708.1 General. Combustion air ducts shall: 1. Be of galvanized steel complying with Chapter 6 or of equivalent corrosion- resistant mate?ial approved for this application. Exception: Within dwelling units, during remodel work when installation of galvanized steel ducts is not practical due to existing installed finish materials, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Have a minimum cross-sectional dimension of 3 inches (76 mm). 3. Terminate in an unobstructed space allowing free movement of combustion air to the appliances. 4. Have the same cross-sectional areas as the free area of the openings to which they connect. 5. Serve a single appliance enclosure. 6. Not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 7. Not be screened where terminating in an attic space. 8. Not slope downward toward the source of combustion air, where serving the upper required combustion air opening. Section 709.3 Fire/smoke dampers. Combustion air ducts shall not be run through walls or ceilings required to be fire/smoke dampered. 801.19 Multi-story prohibited. Common venting systems for appliances located on more than one floor level shall be prohibited, except engineered systems where all of the appliances served by the common vent are located in rooms or spaces that are accessed only from the outdoors. The appliance enclosures shall not communicate with the occupiable areas of the building. Section 903.1.1 Wood stoves and fireplace inserts. All wood stoves and fireplace inserts installed on or after January 1, 2005, in the Town of Estes Park shall meet the Phase 111 emissions standards for wood stoves established by the Colorado Air Quality Control Commission. All wood stoves and fireplace inserts installed prior to January 1, 2005, in the Town of Estes Park shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such wood stove or fireplace insert 6 shall meet the Phase 111 emission standards for wood stoves established by the Colorado Air Quality Control Commission. Definitions: Wood stove: An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. Fireplace insert: A wood-burning device designed to be installed in an existing fireplace. Fireplace is a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney. Factory-built Fireplace is a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction. Factory-built fireplaces are not dependent on mortar-filled joints for continued safe use. 903.3 Unvented gas log heaters. Unvented gas log heaters shall not be installed in a factory built fireplace. NOTES: The following code sections do not represent proposed amendments to this code but do represent significant changes from the current code. 304.4 Hydrogen generating and refueling operations. Ventilation shall be required in accordance with Section 304.4.1, 304.4.2 or 304.4.3 in public garages, private garages, repair garages, automotive motor-fuel-dispensing facilities and parking garages which contain hydrogen generating appliances or refueling systems. Such spaces shall be used for the storage of not more than three hydrogen-fueled passenger motor vehicles and have a floor area not exceeding 850 square feet (79 square meters). The maximum rated output capacity of hydrogen generating appliances shall not exceed 4 SCFM of hydrogen for each 250 square feet (23.2 square meters) of floor area in such spaces. Such equipment and appliances shall not be installed in Group H occupancies except where the occupancy is specifically designed for hydrogen use, or in control areas where open-use, handling or dispensing of combustible, flammable or explosive materials occurs. For the purpose of this section, rooms or spaces that are not part of the living space of a dwelling unit and that communicate directly with a private garage through openings shall be considered to be part of the private garage. 312.1 Load calculations. Heating and cooling system design loads for the purpose of sizing systems, appliances and equipment shall be determined in accordance with the procedures described in the ASHRAE Handbook of Fundamentals. Heating and cooling 7 loads shall be adjusted to account for load reductions that are achieved when energy recovery systems are utilized in the HVAC system in accordance with the ASHRAE Handbook - HVAC Systems and Equipment. Alternatively, design loads shall be determined by an approved equivalent computation procedure, using the design parameters specified in Chapter 3 of the International Energy Conservation Code. 403.3.4 Balancing. Ventilation systems shall be balanced by an approved method. Such balancing shall verify that the ventilation system is capable of supplying the airflow rates required by Section 403. 506.3.6 Grease duct clearances. Grease duct systems and exhaust equipment serving a Type I hood shall have a clearance to combustible construction of not less than 18 inches (457 mm), and shall have a clearance to noncombustible construction and gypsum wall board attached to noncombustible structures of not less than 3 inches (76 mm). Exceptions: Listed and IAbeled factory-built commercial kitchen grease ducts and exhaust equipment installed in accordance with Section 304.1. 507.9 Clearances for Type I hood. A Type I hood shall be installed with a clearance to combustibles of not less than 18 inches (457 mm). Exception: Clearance shall not be required from gypsum wallboard attached to noncombustible structures provided that a smooth, cleanable, nonabsorbent and noncombustible material is installed between the hood and the gypsum wallboard over an area extending not less than 18 inches (457 mm) in all directions from the hood. 701.1 Scope. The provisions of this chapter shall govern the requirements for combustion and dilution air for fuel-burning appliances other than gas-fired appliances. The requirements for combustion and dilution air for gas-fired appliances shall be in accordance with the International Fuel Gas Code. 801.1 Scope. This chapter shall govern the installation, maintenance, repair and approval of factory-built chimneys, chimney liners, vents and connectors. This chapter shall also govern the utilization of masonry chimneys. Gas-fired appliances shall be vented in accordance with the International Fuel Gas Code. 901.1 Scope. This chapter shall govern the approval, design, installation, construction, maintenance, alteration and repair of the appliances and equipment specifically identified herein and factory-built fireplaces. The approval, design, installation, construction, maintenance, alteration and repair of gas-fired appliances shall be regulated by the International Fuel Gas Code. 8 INTERNATIONAL FUEL GAS CODE EXHIBIT E EXHIBIT E International Fuel Gas Code, 2003 Edition - Amendments 101.1 Title. These regulations shall be known as the Fuel Gas Code of the Town of Estes Park, hereinafter referred to as "this code." 103.1 General. The Department of Building Safety is hereby created and the executive official in charge thereof shall be known as the building official herein after known as the code official. 103.2 Appointment. The Director of Community Development shall appoint the code official; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 106.5.2 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 Table 1-A ,Building Permit Fees, in the 2003 International Building Code. 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than eighty 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 canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 106.5.1 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee. 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 Table 1-A. 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. 1 Exception: Contractors shall be assessed an investigation fee equal to three times the permit fee. . 106.5.2 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 Table 1-A - Building Permit Fees in' the 2003 International Building Code. Section 107.2.4 "Re-inspections," is added to read as follows: 107.2.4 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 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 comply 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 approval of the building official, or for failure to post a readily visible address as required.. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule (Table 1- B) established in the IBC. 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. 107.4 "Temporary connection" is amended to read as follows: The code official shall have the authority to allow the temporary connection of an installation to the sources of energy for the purpose of testing the installation or for use under a temporary certificate of occupancy. There will be a fee for Temporary Certificates of Use as set forth in Table 1-B of the IBC. 108.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 108.5 Stop work orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the ownefs agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 2 Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to re-move a violation or unsafe condition, subject to penalties as prescribed by law. 109.1 Application for appeal. A person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on a form obtained from the code official within 20 days after the notice was served. The Board of appeals shall be the board of appeals specified in Section 112 of the 2003 International Building Code. Delete the rest of Section 109. 303.3 Prohibited locations. Delete exceptions 3. and 4. 304.5 Indoor combustion air. The required volume of indoor air shall be determined in accordance with Section 304.5.1 or 304.5.2, when it is shown that the infiltration rate is at least 0.40 air changes per hour or Section 304.5.2 shall be used. The total required volume shall be the sum of the required volume calculated for all appliances located within the space. Rooms communicating directly with the space in which the appliances are installed through openings not furnished with doors, and through combustion air openings sized and located in accordance with Section 304.5.3, are considered to be part of the required volume. 304.11 Combustion air ducts. Exceptions: 1. Within existing dwelling units, during remodel work when the use of ducted combustion air is not feasible, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 3 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the listing and the manufacturer's instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining grade level. 305.7 Clearances from grade. Equipment and appliances installed at grade level shall be supported on a level concrete slab a minimum of 3.0 inches (76.2 mm) thick or other approved material extending above adjoining grade a minimum of 3.0 inches (76.2 mm) or shall be suspended a minimum of 6 inches (152 mm) above ad-joining grade. 308.4.6 Clearance from supply ducts. Central-heating furnaces where the bonnet temperature exceeds 150 degrees Fahrenheit (65.56 degrees Celsius), shall have the clearance from supply ducts within 3 feet (914 mm) of the furnace plenum be not less than that specified from the furnace plenum. No clearance is necessary beyond this distance. Section 400.1 Fuel-gas pipe contractor. No one shall engage in the installation or alteration of any fuel-gas piping unless he or she is qualified and demonstrates competency to the satisfaction of the building official. Exception: Owner occupants of single-family dwellings. 401.5 Identification. For other than steel pipe, exposed piping shall be identified by a yellow label marked "Gas" in black letters. The marking shall be spaced at intervals not exceeding 5 feet (1524 mm). The marking shall not be required on pipe located in the same room as the equipment served. 401.6 Interconnections. Where two or more meters are installed on the same premises but supply separate consumers, the piping systems shall not be interconnected on the outlet side of the - meters. Where two or more meters are installed on the same building, they shall all be located at one approved location. 404.7 Above-ground outdoor piping. All piping installed outdoors shall be elevated not less than 6 inches (152 mm) above ground and where installed across roof surfaces, shall be elevated not less than 31/2 inches (89 mm) above the roof surface. 4 Ferrous metals in exposed exterior locations shall be protected from corrosion in a manner satisfactory to the Administrative Authority. Piping installed above ground, outdoors, and installed across the surface of roofs shall be securely supported and located where it will be protected from physical damage. Where passing through an outside wall, the piping shall also be protected against corrosion by coating or wrapping with an inert material. Where piping is encased in a protective pipe sleeve, the annular space between the piping and the sleeve shall be sealed. 404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade, except as provided for in Section 404.9.1. 404.9.1 Individual outside appliances. Individual lines to outside lights, grills or other appliances shall be installed a minimum of 18 inches (457mm) below finished grade. Exception: Approved materials installed a minimum of 6 inches (152 mm) below finished grade when covered with a minimum 4 inches (102 mm) concrete slab. 404.12 Outlet closures. Gas outlets and fittings which allow for future gas line expansion that do not connect to appliances shall be provided with an approved gas shut valve with the end capped gas tight. Exceptions: 1. Drip/Dirt legs which are installed at the floor level at appliances. 2. Listed and labeled flush-mounted-type quick-disconnect devices and listed and labeled gas convenience outlets shall be installed in accordance with the manufacturer's installation instructions. 405.1 General. Changes in direction of hard metallic pipe shall be permitted to'be made by the use of fittings or factory bends. Delete Section 405.2 Metallic Pipe. 406.4.1 Test pressure. The test pressure to be used shall be no less than 11/2 times the proposed maximum working pressure, but not less than 10 psig (68.9476 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 409.5 Equipment shutoff valve. Each appliance shall be provided with a shutoff valve separate from the appliance. The shutoff valve shall be located in the same room as the appliance, not further than 6 feet (1829 mm) from the appliance, and shall be installed 5 upstream from the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access. Exception: Shutoff valves for vented decorative appliances and decorative appliances for installation in vented fire-places shall not be prohibited from being installed in an area remote from the appliance where such valves are provided with ready access. Such valves shall be permanently identified and shall serve no other equipment. Remote valves shall be operable on the same floor as the appliance served and within 12 feet (3657.6 mm) as measured along the floor line. Piping from the shutoff valve to within 3 feet (914 mm) of the appliance connection shall be sized in accordance with Section 402. 410.3 Venting of regulators. Pressure regulators that require a vent shall have an independent vent to the outside of the building. The vent shall be designed to prevent the entry of water or foreign objects. Vents shall not terminate within 3 feet (914 mm) of openings into the building. Exception: A vent to the outside of the building is not required for regulators equipped with and labeled for utilization with approved vent-limiting devices installed in accordance with the manufacturer's instructions. 411.1.1 Protection from damage. Connectors and tubing shall be installed so as to be protected against physical damage. Connectors and tubing shall not be installed through the sidewall of the appliance served. 501.8 Equipment not required to be vented. The following appliances shall not be required to be vented. 1. Electric ranges. 2. Built-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section 613). 5. A single booster-type automatic instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall be not less than 36 inches (914 mm) vertically and 6 inches (152 mm) horizontally from any surface other than the heater. 6. Refrigerators. 7. Counter appliances. 8. Direct-fired make-up air heaters. 9. Specialized equipment of limited input such as laboratory burners and gas lights. 6 Delete Section 503.2.2 Well-Ventilated Spaces. 503.5.6.1 Chimney lining. Chimneys shall be lined in accordance with NFPA 211. 503.6.10.1 Equipment separation. All equipment connected to the common vent shall be located in rooms which have provisions for an adequate supply of combustion, ventilation, and dilution air that is not supplied from habitable space (see Figure 503.6.10.1). 614.1 Installation. Clothes dryers shall be exhausted in accordance with the manufacturer's instructions. Dryer exhaust systems shall be independent of all other systems and shall convey the moisture and any products of combustion to the outside of the building. Dryer exhaust duet terminations shall not be located within 3 feet (914 mm) of openings into the building. Delete Section 621 (IFGC) UNVENTED ROOM HEATERS. 623.2 Prohibited location. Cooking appliances designed, tested, listed and labeled for use in commercial occupancies may be installed within dwelling units or within any area where domestic cooking operations occur, when installed in accordance with manufacturer's listing in regards to clearance to combustibles. 623.3 Domestic appliances. Cooking appliances installed within dwelling units and within areas where domestic cooking operations occur shall be listed, labeled, and installed in accordance with manufacturer's listing in regards to clearance to combustibles. 623.3.1 Residential kitchens. Residential kitchens with gas ranges shall be supplied with an exhaust system vented to the outside. Ducts serving kitchen exhaust systems shall not terminate in an attic or crawl space or areas inside the building and shall not induce or create a negative pressure in excess of negative 3 Pa. effecting gravity venting appliances. The following appendices are adopted by reference as part of the 2003 International Fuel Gas Code: APPENDIX A - SIZING AND CAPACITIES OF GAS PIPING (IFGS) APPENDIX B - SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS (IFGS) 7 APPENDIX C - EXIT TERMINALS OF MECHANICAL DRAFT AND DIRECT-VENTING SYSTEMS (IFGS) 8 INTERNATIONAL PLUMBING CODE EXHIBIT F EXHIBIT F International Plumbing Code, 2003 Edition - Amendments 101.1 Title. These regulations shall be known as the Plumbing Code of the Town of Estes Park hereinafter referred to as "this code." 101.3 Intent. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems. The intent of this code is to meet or exceed the requirements of the State of Colorado Plumbing Code. When technical requirements, specifications or standards in the State Plumbing Code conflict, the more restrictive shall apply. Specifically, the State Plumbing Code shall apply in those instances where this does not provide technical requirements, specifications or standards. This shall apply in those instances where the State Plumbing Code does not provide technical requirements, specifications or standards. Should the State Plumbing Code and this code each provide technical requirements, specifications or standards on any single matter in terms so distinct that determining which is more restrictive is not readily apparent, the State Plumbing Code shall apply. 103.1 General. The department of building safety is hereby created and the executive official in charge thereof shall be known as the building official hereinafter referred to as the code official. 103.2 Appointment. The Director of Community Development shall appoint the code official, and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 106.5.3 Expiration. Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. 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 the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced 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 R108. Any nullified 1 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 18 months from date of the extension, 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 three year 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. 106.6.1 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee equal to the permit fee. 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 Table 1-A. 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. Exteption: Contractors shall be assessed an investigation fee equal to three times the permit fee. 106.6.2 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 Table 1-A - Building Permit Fees in the 2003 International Building Code. 106.6.3 Fee refunds. The building official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder that was erroneously paid or collected. 2. Not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan feview fee has been paid is withdrawn or canceled before any plan review effort has been expended. 2 The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 107.3.4 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 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 comply 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 approval of the building official, or for failure to post a readily visible address as required. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule (Table 1- B) established in the IBC. 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. 108.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 108.5 Stop work orders. Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. 109.1 Application for appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the true'intent of this code or the rules legally adopted thereunder 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 application shall be filed on a form obtained from the code official within 20 days after the notice was served. The Board of 3 appeals shall be the board of appeals specified in Section 112 of the 2003 International Building Code. Delete the rest of Section 109 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, adopted National Electrical Code, International Fuel Gas Code or the International Mechanical Code, such terms shall have the meanings ascribed to them as in those codes. 305.5 Pipes through or under footings or foundation walls. Any pipe that passes under a footing or through a foundation wall shall be provided with a pipe sleeve pipe built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall. 305.6 Freezing. Water, soil and waste pipes shall not be installed outside of a building, in attics or crawl spaces, concealed in outside walls, or in any other place subjected to freezing temperature unless adequate provision is made to protect such pipes from freezing by insulation or heat or both. Exterior water supply system piping shall be installed not less than 60 inches (1525 mm) deep. 305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 24 inches (610 mm) below finished grade at the point of septic tank connection. Private sewage disposal systems shall comply with County Health Department regulations. Building sewers shall be a minimum of 24 inches (610 mm) below grade. 312.5 Water supply system test. Upon completion of a section of or the entire water supply system, the system, or portion completed, shall be tested and proved tight under a water pressure not less than the working pressure of the system; or, for piping systems other than plastic, by an air test of not less than 80 psi (550 kPa). The water utilized for tests shall be obtained from a potable source of supply. The required tests shall be performed in accordance with this section and Section 107. 312.6 Gravity sewer test. The building sewer downstream of the double cleanouts shall be regulated by the appropriate sanitation district if connected to a public sewer. If connected to a private septic system, the building sewer downstream of the double cleanouts shall be regulated by the county health department. 312.7 Forced sewer test. The building sewer downstream of the double cleanouts shall be regulated by the appropriate sanitation district if connected to a public sewer. If connected to a private septic system, the building sewer downstream of the double cleanouts shall be regulated by the county health department. 4 312.9 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Sections 312.9.1 and 312.9.2. All backflow prevention shall be in compliance with and approved by the Town Water Department cross-connection control specialist. 312.9.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. Documentation of such inspections shall be kept and made available to the building official and/or the Town Water Department cross-connection control specialist. 603.1 Size of water service pipe. The water service pipe shall be sized to supply water to the structure in the quantities and at the pressures required in this code. The minimum diameter of water service pipe shall be 3 /4 inch (19.1 mm). Water service pipe shall be determined by the Town Water Department. 603.2 Separation of water service and building sewer. Water service pipe and the building sewer shall be separated by 10 feet (3048 mm) of undisturbed or compacted earth. Exceptions: 1. The required separation distance shall not apply where a water service pipe crosses a sewer pipe provided the water service pipe or the sewer service pipe is sleeved to at least 10 feet (3048 mm) horizontally from the other pipe centerline, on both sides of such crossing with pipe materials listed in Table 605.3, Table 702.2 or Table 702.3. 2. The water line is a minimum 18" above the sewer pipe. 605.3 Water service pipe. Water service pipe shall conform to NSF61 and shall conform to one of the standards listed in Table 605.3. All water service pipe or tubing, installed underground and outside of the structure, shall have a minimum working pressure rating of 160 psi (1100 kPa) at 73.4 E F (23 E C). Where the water pressure exceeds 160 psi (1100 kPa), piping material shall have a minimum rated working pressure equal to the highest available pressure. Plastic water service piping shall terminate within 5 feet (1524 mm) inside of the point where the pipe penetrates an exterior wall or slab on grade. All ductile iron water pipe shall be cement mortar lined in accordance with AWWA C104 and shall be Type K soft copper with flared or compression fittings. Excepuons: 1. Service lines for fire suppression systems shall be ductile iron pipe. 2. Service lines larger than 2" shall be ductile iron pipe. 5 605.9 Prohibited joints and connections. The following types of joints and connections shall be prohibited: 1. Cement or concrete joints. 2. Joints made with fittings not approved for the specific installation. 3. Solvent-cement joints between different types of plastic pipe. 4. Saddle-type fittings, except service taps made by the Town Water Department. 606.1 Location of full-open valves. Full-open valves shall be installed in the following locations: 1. On the building water service pipe from the public water supply near the property line. 2. On the discharge side of every water meter. 3. On the base of every water riser pipe in occupancies other than multiple-family residential occupancies that are two stories or less in height and in one- and two- family residential occupancies. 4. On the top of every water down-feed pipe in occupancies other than one- and two-family residential occupancies. 5. On the entrance to every water supply pipe to a dwelling unit, except where supplying a single fixture equipped with individual stops. 6. On the water supply pipe to a gravity or pressurized water tank. 7. On the water supply pipe to every water heater. 608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross- connections or any other piping connections to the system. Backflow preventer applications shall conform to Table 608.1, except as specifically stated in Sections 608.2 through 608.16.9. All backflow prevention shall be in compliance with and approved by the Town Water Department cross-connection control specialist. 701.2 Sewer required. Every building in which plumbing fixtures are installed and all premises having drainage piping shall,be connected to a public sewer, where available. Private sewage disposal systems shall comply with County Health Department regulations. 701.6 Tests. The sanitary drainage system shall be tested in accordance with Section 312. 703.1 Building sewer pipe near the water service. Building sewers shall not be installed within ten feet (3048 mm) of the water service pipe. 6 Exceptions: 1. The required separation distance shall not apply where a water service pipe crosses a sewer pipe provided the water service pipe or the sewer service pipe is sleeved to at least 6 10 feet (4624 3048 mm) horizontally from the seweF other pipe centerline, on both sides of such crossing with pipe materials listed in Table 605.3, Table 702.2 or Table 702.3. 2. The water line is a minimum 18" above the sewer pipe. 707.1 Prohibited joints. The following types of joints and connections shall be prohibited: 1. Cement or concrete joints. 2. Mastic or hot-pour bituminous joints. 3. Joints made with fittings not approved for the specific installation. 4. Joints between different diameter pipes made with elastomeric rolling 0-rings. 5. Solvent-cement joints between different types of plastic pipe. 6. Saddle-type fittings, except for service taps installed by the appropriate sanitation district. 708.3.2 Building sewers. Building sewers shall be provided with cleanouts as required by the appropriate sanitation district. 708.3.5 Building drain and building sewer junction. There shall be an approved two- way cleanout near the junction of the building drain and the building sewer. The cleanout shall be as close to the building as practical and shall terminate above finish grade. An approved two-way cleanout is allowed to be used at this location to serve as a required cleanout for both the building drain and building sewer. The minimum size of the cleanout at the junction of the building drain and building sewer shall comply with Section 708.7. 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 6 inches (152.4 mm) above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm) above the roof. 1003.3s and grease interceptors. Grease traps and grease interceptors shall comply with the requirements of Sections 1003.3.1 through 1003.3.4.2. Grease traps are prohibited in new constructions and remodels. 1003.3.1 Grease traps and grease interceptors required. A grease trap or grease interceptor shall be required to receive the drainage from fixtures and equipment with grease-laden waste located in food preparation areas, such as in restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias, or restaurants and clubs. 7 1003.3.2 Food waste grinders. Where food waste grinders connect to grease traps, a solids interceptor shall separate the discharge before connecting to the grease trap. Solids interceptors and grease interceptors shall be sized and rated for the discharge of the food waste grinder. 1003.3.3 Grease trap and grease interceptor not required. A grease trap or a grease interceptor shall not be required for individual dwelling units or any private living quarters. 1003.3.4 Grease traps and grease interceptors. Grease traps and grease interceptors shall conform to PDI G101, ASME A112.14.3 or ASME A112.14.4 and shall be installed in accordance with the manufacturer's instructions. 1003.3.4.1 Grease trap capacity. Grease traps shall have the grease retention capacity as determined by the appropriate sanitation district. 1003.3.4.2 Rate of flow controls. Grease traps shall be equipped with devices to control the rate of water flow so that the water flow does not exceed the rated flow. The flow-control device shall be vented and terminate not less than 6 inches (152 mm) above the flood rim level or be installed in accordance with the manufacturer's instructions. 1003.3.5 Commercial kitchen sinks. Commercial kitchen sinks located within commercial establishments where food is prepared, cooked, warmed, heated, processed or assembled and which are provided, designed, used or intended to be used to clean pots, pans, plates, flatware or other utensils used in the preparation, serving or consumption of food shall be protected by either a grease trap or a grease interceptor. 1003.3.6 Floor drains, floor sinks, mop sinks. Floor drains, floor sinks, mop sinks or similar fixtures located in commercial kitchen areas where woks, deep fat fryers, grills or similar equipment is provided or designed for future installation, shall be protected by either a grease trap or a grease interceptor. Exception: The building official shall be permitted to exempt the connection of a floor drain to a grease trap or grease interceptor where such connection is determined to be infeasible. 1003.3.7 Dishwashing machines. Dishwashing machines when installed in commercial establishments where food is prepared, cooked, warmed, heated, processed or assembled shall be discharged through a grease interceptor. Said dishwashers shall be the low temperature, chemical type. 8 1003.3.8 Chemical treatment agents. Chemical treatment agents used for the emulsification, separation and removal of grease shall be prohibited unless specifically approved or authorized by the building official and by the appropriate sanitation district. 1003.3.9 Grease interceptors. Grease interceptors shall be water and gas tight. Each interceptor shall be engineered to withstand the external loads anticipated to be placed on the interceptor. The minimum volume of grease interceptors shall be 750 gallons. Interceptors shall not be permitted to be installed in series unless specifically permitted by the appropriate sanitation district. 1003.3.9.1 Interceptor construction. Each interceptor shall be prefabricated or field fabricated. Such interceptors shall have not less than one baffle that extends the width of the interceptor, from the bottom to not less than 6 inches (152.4 mm) from the top. The baffle shall have an inverted long radius elbow fitting the same size as the inlet pipe but not less than 4 inches (102 mm). Such fitting shall be installed in the inlet compartment side of the baffle such that the bottom of the fitting is 12 inches (305 mm) above the bottom of the interceptor. Minimum depth of the liquid shall be 42 inches 91067 mm). Each compartment of the interceptor shall be not less than 18 inches square (457 mm2) or 18 inches (457 mm) in diameter and be accessible by gas tight covers of equivalent size. 1003.3.9.2 Inlet and outlet piping. The inlet and outlet piping shall have a two-way cleanout tee. Inlet piping shall be 2.5 inches (63.5 mm) above the invert of the outlet piping. The inlet piping within the interceptor shall consist of a vertical elbow or sanitary tee fitting extending at least 24 inches (610 mm) below the water level to at least 8 inches (203 mm) above the bottom of the interceptor when no't serving food disposers and at least 12 inches (305 mm) above the bottom when serving food disposers. Where a sanitary-tee fitting is used it shall be sealed with an accessible cleanout. The outlet piping within the interceptor shall consist of a .vertical sanitary-tee fitting which shall extend below the water level and to the distance above the bottom of the interceptor as installed on the inlet piping. The sanitary-tee fitting and outlet pipe shall be no less than 4 inches (102 mm) in diameter. The sanitary-tee fitting shall be installed in the vertical position and shall extend vertically to an accessible cleanout terminating within 12 inches (305 mm) of, and encompassed by, the access opening. This cleanout shall be properly secured and shall function as a sampling port. 1107.2 Separate systems required. Secondary roof drain systems shall have the end point of discharge separate from the primary system. Discharge shall be above grade; in a location which would normally be observed by the building occupants or maintenance personnel or other approved point of discharge. 9 The following appendices are adopted by reference as part of the 2003 International Plumbing Code: APPENDIX D - DEGREE DAY AND DESIGN TEMPERATURES APPENDIX E - SIZING OF WATER PIPING SYSTEM 10 - INTERNATIONAL ENERGY CONSERVATION CODE EXHIBIT G EXHIBIT G International Energy Conservation Code, 2003 Edition - Amendments 101.1 Title. These regulations shall be known as the Energy Conservation Code ofthe Town of Estes Park, and shall be cited as such. It is referred to herein as "this code." 302.1 Thermal design parameters in Climate Zone 13. The following thermal design parameters shall be used for calculations required under this code: Winter Outdoor Design Dry-bulb (1'F), Winter Indoor Design Dry-bulb (72'F), Summer Outdoor Design Dry-bulb (91'F), Summer Indoor Design Dry-bulb (75'F), Summer Design Wet-bulb (59*), 6368 Degree Days Heating, and 479 Degree Days Cooling. All heating and cooling equipment shall be sized such that the total sensible capacity of the cooling equipment does not exceed the total sensible load by more than 7% for cooling-only applications; or by more than 25% for cold-climate applications in accordance with the procedures in ACCA Manual J, 8th Edition, using the above thermal design parameters. All ducted air-distribution heating and cooling systems shall be sized using cooling loads. All heating and cooling equipment shall be tested to ensure such equipment is operating within the manufacturers' recommended parameters and standards according to the applicable protocols established by the building code official and in accordance with the mechanical code adopted by Larimer County. Exception: Accessory buildings. Fully enclosed accessory buildings and attached garages not containing habitable space may be considered conditioned space subject to the following thermal and envelope criteria: 1. Such spaces meet the criteria for thermal isolation and any HVAC equipment installed therein is sized for a peak design load assuming a maximum Winter Indoor Design Dry-bulb Temperature of (600F) and a minimum Summer Indoor Design Dry-bulb Temperature of (8009. 2. The walls are insulated with insulation having a minimum R-value of R-13. 3. The roof/ceiling is insulated with insulation having a minimum R-value of R- 30. 4. Windows have a maximum U-factor of 0.45 and in total do not exceed 10% of the floor area. 5. Doors have a minimum R-value of 3 and are sealed to prevent infiltration to the extent practical as determined by the building official. 1 MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Community Development Director ~:*eh Date: 12-08-04 Subject: Planning Commission Appointments Background: The terms of Commissioners Ed Pohl and Richard Homeier will expire on 12/3 1/04. Recommendation: Re-appointment of both Commissioners Pohl and Homeier for new three year terms. Wendell Amos David Habecker P. O. Box 1934 P. O. Box 1200 Estes Park, CO 80517 Estes Park, CO 80517 Phone: 586-5524 Phone: 586-2121 E-mail: E-mail: Term: 4 Years Term: 2 Years Orig. Appt. Date: 11/01/97 Orig. Appt. Date: 04/11/00 Reappointed: 06/30/01 Reappointed: 04/12/04 Expiration: 06/30/05 Expiration: 04/06 Board: E.V. Plann. Comm. Board; E.V. Plann. Comm. Comments: County Appt. Comments: Liaison Staff Person: JOSEPH Staff Person: JOSEPH George J. Hix Richard E. Homeier 465 Homesteader Ln. 1201 Scott Ave. Estes Park, CO 80517 Estes Park, CO 80517 Phone: 586-4179 Phone: 577-5189 E-mail: E-mail: optician@airbits.corn Term: 4 Years Term: 4 Years Orig. Appt. Date: 01/28/03 Orig. Appt. Date: 11/12/02 Reappointed: Reappointed: Expiration: 12/31/06 Expiration: 12/31/04 ~ Board: E.V. Plann. Comm. Board: E.V. Plann. Comm. Comments: Replaced C. Pettyjohn; Town Appt. Comments: Chair; Replaced E. McKinney; Town Appt. Staff Person: JOSEPH Staff Person: JOSEPH Bill Horton Betty Lynne Hull 2236 Eagle Cliff Rd. 1723 Stonegate Dr. Estes Park, CO 80517 . Estes Park, CO 80517 Phone: 577-5463 Phone: 577-0272 E-mail: E-mail: Term: 4 Years Term: 4 Years Orig. Appt. Date: 06/30/02 Orig. Appt. Date: 11/02/04 Reappointed: Reappointed: Expiration: 06/30/06 Expiration: 06/30/07 Board: E.V. Plann. Comm. Board: E.V. Plann. Comm. Comments: Replaced D. Hampton; County Appt. Comments: County Appt.; replaced J. Haggard Staff Person: JOSEPH Staff Person: JOSEPH Joyce Kitchen Edward Pohl 1901 Fish Creek Rd., LPR 451 Prospector Ln. Estes Park, CO 80517 Estes Park, CO 80517 Phone: 577-0638 phone: 586-6319 E-mall: E-mail: edjoypohl@aol.com Term: 4 Years Term: 4 Years Orig. Appt. Date: 11/12/97 orig. Appt. Date: 06/25/93 Reappointed: 07/01/99 Reappointed: 02/12/02 Expiration: 06/30/07 Expiration: 12/31/04 < - Board: E.V. Plann. Comm. Board: E.V. Plann. Comm. Comments: VC; County Appt. Comments: Town Appt. Staff Person: JOSEPH Staff Person: JOSEPH Updated: December 8,2004 July 8,2004 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: E The application was filed November 22,2004 C The Town has received all necessary fees and hearing costs. B The applicant is filing as an Corporation 0 There is a police report with regard to the investigation of the applicant. 0 Status of T.I.P.S. Training: X Unscheduled Scheduled Completed (Date: ) MOTION: Move the Transfer Application filed by DCT International Corporation , doing business as MOUNTAIN DEW LIQUOR for a Retail Liquor Store License be approved/denied. TOWN OF ESTES PARK Police Department w... 8 ry -lemlit*. d .2«9\ ~~9110 4 b /94,4 - 14 4.- (\ 4,# 14440,4- . 1, ~'. -7,__ -4.- / - „-- -4 *-' 4·V·.4 '3*MLedl-ISi , 7.. r-99·gr&;fi . . 74-,C'- - 53.3 - ' November 24,2004 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE' Mountain Dew Liquors Retail Liquor Store Kim, Wooseong DOB: 06/06/70 Dear Mrs. O'Connor: A check of the Estes Park Police Department local records on the above-named person and business was conducted. There was no activity reported on the individual or business for the previous year. Sincerely, 0*« 40,k>* Lowell C. REIGrdson Chiefof Police, Estes Park Police Department (970) 586-4465 • RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (970) 586-4496 DR 8404 (06/02) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION C] NEW LICENSE ~ TRANSFER OF OWNERSHIP U LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) · LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-3214164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a U Individual ~ Corporation 03 Limited Liability Company Partnership (includes Limited Liability and Husband and Wife Partnerships) El Association or Other 2. Name of Applicant(s) If partnephip, list »artners' names (at least two); if corporation, name of corporation Fein Number DET #Ate#nojanat[ Cor 10 -intn 423 28.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone U D M M TWA fle#V 63#00 41·-ql024-0*DZ> 990- ¢U-3327 3. Address of Premises (spetify exact locati# of premises) 181.1 407,rf l/nbM 0.,/ City County, State~, ZIP Code 4,4 th'* C -Ar i *rev 60 itti 4 4. Mailing Address (Number and Street) City or Town State ZIP Code /82- S. f»-t Vroub AN -644 F»-Ic Co *ot/7 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DB~ Present State License No. Present Class of License Present Expiration Date A,lowvt tam De,4 (,ig#cy' 40 -39904-0000 7·efail (i~*av gic)€ '7/83/057 3 SECTION Al Nonrefundath APPLICATION FEES LIAB SECTION D LIQUbR LICENSE FEES 0 El Application Fee for New License .............................. 900.00 1940 A Retail Liquor Store License (city) ......................... $227.50 6:1 0 0 Application Fee-New License Concurrent Review.. 1000.00 1940 El Retail Liquor Store License (county) ..................... 312.50 2310 * Application Fee for Transfer of Ownership ......,..,..... 900.00 1950 0 Liquor Licensed Drugstore (city) ........................... 227.50 SECTION B 3.2% BEER LICENSE FEES 1950 [3 Liquor Licensed Drugstore (county) ..................... 312.50 2121 E Retail 3.2% Beer On Premises - (city) ...................... $96.25 1960 El Beer & Wine License (city) 351.25 2121 [3 Retail 3.2% Beer On Premises - (county) ................. 117.50 1960 C] Beer & Wine License (county) .............................. 436.25 2122 2 Retail 3.2% Beer Off Premises - (city) ........................ 96.25 1970 03 H &R License glcity C]county ............................. 500.00 2122 2 Retail 3.2% Beer Off Premises - (county) ................. 117.50 1980 UH& R License w/opt Prem m city m county .......... 500.00 2123 2 Retail 3.2% Beer On/Off Premises - (city) .................. 96.25 1990 E Club License E] city E county ............................... 308.75 117.50 2010 U Tavern License ¤ city m county............................ 500.00 2123 2 Retail 3.2% Beer On/Off Premises - (county) ...... 2020 3 Arts License []city [3 county.................................308.75 SECTION C RELATED FEES AND PERMITS 2030 E Racetrack License U city m county....................... 500.00 1985-100 (999) U Addition of related Facility Permits to existing 2040 E Optional Premises License o city El county ......... 500.00 Resort Complex license 1905 E Retail Gaming Tavern Lic ¤ city El county............ 500.00 $50.00 x Total Fee 2210-100 (999) m Retail Warehouse Storage Permit .$100.00 1975 0 Brew-Pub License . 750.00 2220-100 (999) U Addition of Optional Premises to existing hotel/restaurant 1985 0 Resort Complex License ....................................... 500.00 $75.00 x Total Fee ~ H/R - Tavern Manager's Registration.. ........... $75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) Cash Fund New Ucense Cash Fund Transfer License TOTAL 2300-100 2310-100 -:. (999) . (999) DR 8404 (06/02) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? u T 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company, or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? 0 ® (b) had an alcoholic beverage license suspended or revoked? (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? E EN If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. m H 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. 0 [30 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 02 Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any m ® current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? ®0 E~ Ownership U Lease E Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord 7. 0 Earne,$ Tenant OCT f vi-·1-evw6dend OY olhm /040 Expirps Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Nora Ban W 534 64* 4 14+ hea # tul pup"/3 /3 Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. U El Number of separate Optional Premises areas requested ~|~'~~ 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of 1~ Yes No Pharmacy? COPY MUST BE ATTACHED. mo 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and 00 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 N/A operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? N<& C El (Copy of notice or application must be attached) 17a. Name of Manager A-005@Ak[ ki/V (If this is an application for a Hotel, Date of Birth Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-1). dkle 70 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. Up 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes Np directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest 04 in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DR 8404 (06/02) Page 4 |19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH 9/00 2.Th,U• Ave *le-/07 WOMEWEr e,/1 De®w (-0 Prn£47 46 l'74(> FNd,LMC- ,ag~ 20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. Yes No Additional Documents to be submitted by type of entity ~ CORPORATION ~ Cert. of Incorp. ,~ Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) [3 PARTNERSHIP Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY El Articles of Organization U Cert. of Authority (if foreign company) El Operating Agrmt. Ed ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service 08 CA)00<Fo A/4 k/M th S . 5aryrt Vrai~ Auf,. 35-1*% P.*- 6517 OATH OF APPLICANT «2' t declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Signaturer) ~ TRIe A)),07/L~~U~- Date , -S@r) 14.-W 1/1,91>004- REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. Each person required to file DR 8404-1: Yes No a. Has been fingerprinted mm b. Background investigation and NCIC and CCIC check for outstanding warrants conducted c. The local authority has already conducted, or intends to conduct, a premise inspection to insure that the applicant is 00 in compliance with, and aware of, liquor code provisions affecting their class of license. (date of inspection) m El If not, does the authority want the state to conduct such an inspection. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthat such license, if granted, will meetthe reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number U TOWN, CITY U COUNTY Signature Title Date ;ignature (attest) Title Date 1 If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. DR 8404-1 (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD b be completed by each individual applicant, all general partners of a partnership, all limited partners owning 1 0% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, Officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Mountain Dew Liquor 2. Your Full Name (last, first, middle) 3. List any other names you have used. Kim, Wooseong None 4. Mailing address (if different from residence) Home Telephone 303-669-1552 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 9100 East Florida Ave, #14-107 Denver, CO 80247 09/2004 present Previous South Ventura, #E Aurora. CO 80013 01/2002 08/2004 samik Af T a.- m, /0 6 -6:,To¥%„ geaut . ROPEA 61 ~1983 12/2001 6. Date of Birth Social Security Number (SSN) Place of Birth 7. U. S. Citizen? 06/06/1970 651-24-1341 Seoul, KOREA O Yes & No If Naturalized, state where When Name of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number IRo,h-16 9 8. Height Weight Hair Color Eye Color Sex Race · 9. Do you have a current Driver's License? If so, give number & state 5'5" 135 lbs Black Black M A U Yes ®No Colorado ID # 02-227-0607 10. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER None 11. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. U Yes ~ No 12/Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or f6rfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) m Yes ® No 13. Have you ever received a violation notice, suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. U Yes Kl No 14. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO KT'P IM-i . Seoctvo 4,484* -Em < M,-m' 04/791 Ot/0,01- UCD P©6ox. /48:3660 , QI#Utk .CX) q.#Moled- 0&(»1- ot/Mou. 15. Financial Information. 000.00 (including $70,000 in inventory) Total purchase price $ 430, (if buying an existing business) OR list the total amount of your investment in the new business, including notes, loans, cash, services or equipment, and operating capital $ Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Where Obtained (Savings, Checking, Account, etc.) Amount Cash Wells Fargo Checking $215,000.00 Loan Information (attach copies of all notes or loans) Name of Lender Address Term Security Amount 1 st lien on all Nara Bank 2851 S Parker Rd, St 150, Aurora, CO 80014 7 Years business assets $215,000.00 16. Give name of bank where business account will be maintained; name the account will be maintained under; and the name or names of persons authorized to draw thereon. Bank: Wells Fargo / Account Name: DCT International Corp d/Wa Mountain Dew Liquor / Signer: Wooseong Kim Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date »m-3 President U 1 Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola Town Attorney White From: Vickie O'Connor, Town Clerk Date: December 9,2004 Re: Recall Petition - Statement of Sufficiency and Resolution BACKGROUND: I have completed my signature verification (based on the Larimer County Voter Registration Records), and found the following: • The Petition was submitted November 24,2004. • The Petition contained a total of 246 signatures. • Two hundred eighteen (218) signatures were verified. • I issued a Written Determination that the Recall Petition was Sufficient on December 2nd. Therefore, I am today presenting the Recall Petition to the Town Board. The Board must set a date for election (on any Tuesday) not less than 30 days (January 13th) nor more than 90 days (March 14~1) from today's submittal date (December 149 BUDGET: I am in the process of obtaining election expense estimates for equipment rental, ballot printing, election judges, and the like. RECOMMENDATION: Staff requests the Board approve: (1) Resolution #23-04 setting the special election on In the near future, I will submit, and seek approval of the Rental Agreement with Larimer County for the election equipment. RESOLUTION NO. 22-04 A RESOLUTION ORDERING AND FIXING A RECALL ELECTION FOR THE TOWN OF ESTES PARK WHEREAS, a Petition has been filed with the Town Clerk to recall one Trustee from the Board of Trustees; and WHEREAS, in accordance with Section 31-4-503(4) C.R.S. 1973, the Town Clerk has submitted the Petition, along with a certificate of sufficiency to the Board of Trustees; and WHEREAS, no protest has been filed pursuant to Section 31-4-503(3) C.R.S. 1973, within the statutory time period with respect to the Petition; and WHEREAS, the Board of Trustees has determined that pursuant to C.R.S. 31-4- 503(4), it is necessary and appropriate to order and fix a date for a recall election as stated in the Petition; and WHEREAS, Section 31-10-401 C.R.S. 1973, allows the Board of Trustees to delegate to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, that a recall election of the Town of Estes Park shall be held as a special election on Tuesday, , 2005 for the purposes set forth in the recitals to this Resolution. BE IT FURTHER RESOLVED that the only polling place shall be in the Municipal Building, Rooms 202-203 of the Municipal Building, 170 MacGregor Ave., Estes Park, Colorado; and that the polls on election day shall be open from 7:00 a.m. - 7:00 p.m. BE IT FURTHER RESOLVED that an electronic voting system shall be used in the special election and that the Town Clerk be and is hereby authorized and directed to perform all acts and functions necessary for the use of such electronic voting system as required by the laws of the State of Colorado pertaining thereto. BE IT FURTHER RESOLVED that pursuant to Section 31-10-401 C.R.S. 1973, the Board of Trustees hereby delegates to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. 1 BE IT FURTHER RESOLVED that the recall election shall be conducted in accordance with the Colorado Municipal Election Code of 1965, as amended, and the applicable provisions of Section 31-4-507 C.R.S 1973. BE IT FURTHER RESOLVED that that the Town Clerk shall prepare the ballot in accordance with Section 31-4-504(3)(a), (b), and (c) C.R.S. 1973. BE IT FURTHER RESOLVED that the Town Clerk be authorized to give Notice of the Special Election by publication as provided by Section 31-10-501 C.R.S. 1973. BE IT FURTHER RESOLVED that the Town Clerk shall, at the expense of the Town, arrange for such materials and supplies for such election as may be necessary. Passed and adopted at a regular meeting held on the day of ,2004. TOWN OF ESTES PARK, COLORADO By Mayor ATTEST: Town Clerk 2 . -»* ak. - j .. A SMT¥#TFS £ 3 4 9-0 7 8* 0 10 11 12 1@ 14 15 16 17 18 19 20 21 22 23/3024131 25 26 27 28.29 FEBRUARY 12345 67 8 9101112 1314 15 16.17 18.19 20 21 22 23 24 25 26 27 28 , ~ MARCH - ./ k r .0.-4 12345 678 910 1112 13 14 10 1 G 17 18 19 CO 21 22 20 24 Ar ne 27.20 20-@@-24• 4 0 MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR REPOLA FROM: PET'E BRANDJORD, FINANCE OFFICER SUBJECT: SUPPLEMENTAL BUDGET RESOLUTION DATE: DECEMBER 9,2004 CC: Background. In the time since the budget for the fiscal year 2004 was adopted, circumstances have arisen that have required adjustments to the operating budget for the year ending December 31, 2004. The adjusted revenues and expenditures more accurately reflect the operations of the Town of Estes Park government. Additionally, Governmental Accounting Standard Board Standard No. 34 requires the presentation in the annual financial statements of the originally adopted budgets, and the final revised budgets for the Town. This presentation details the accuracy of the original budget projections. Budget The supplemental appropriation will require the additional appropriations detailed in the attachment to the resolution. The total adjustment to expenditures is a $1,050,740 decrease, and the revenues decreased in total by $53,777. The percentage decreases from the original expenditures and resources are 3.81% and 0.14% respectively. Action Policy Issues - It is recommended that the additional funds be appropriated. Technical Issues -none RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. 23-04 A RESOLUTION ADJUSTING APPROPRIATIONS TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2004, AND ENDING ON THE LAST DAY OF DECEMBER, 2004. WHEREAS, the Board of Trustees of the Town of Estes park has adopted the annual budget in accordance with the Local Government Budget Law on November 11, 2003; and WHEREAS, over the course of the fiscal year ending December 31, 2004, the estimates included in the adopted budget have been revised to more accurately represent the actual revenues and expenditures necessary to operate the government; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: That the following attached sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated. ADOPTED this 14th day of December, 2004. Mayor ATTEST: Town Clerk 2004 2004 Section 1: The expenditures for each fund are as follows*: Original Adopted Amended General Fund $ 12,027,850 $ 12,013,104 Community Reinvestment Fund 2,908,467 2,671,586 Museum Fund 258,289 300,556 Conference Center Fund 113,271 113,864 Special Events Fund 840,531 811,302 Senior Center Fund 171,722 150,661 Larimer County Open Space Tax Fund 216,641 214,988 Light & Power Fund 9,895,923 9,662,000 Water Fund 3,450,243 3,445,324 Medical Insurance Fund 302,800 302,765 Fleet Maintenance Fund 269,426 269,494 Vehicle Replacement Fund 225,221 - Friends of Stanley Hall 401,000 75,000 2004 2004 Section 2: That the estimated revenues for each fund are as follows*: Original Adopted Amended General Fund from revenue sources other than general property tax 9,432,590 9,790,015 Community Reinvestment Fund from revenue sources and transfers in 3,740,372 3,741,934 Museum Fund from revenue sources and transfers in 252,623 294,649 Conservation Trust Fund from revenue sources and transfers in 26,385 26,360 Special Events Fund from revenue sources and transfers in 883,314 809,877 Senior Center Fund from revenue sources and transfers in 142,730 144,170 Larimer County Open Space Tax Fund from revenue sources and transfers in - 200,368 201,205 Park Entrance Estates Debt Service Fund from revenue sources and transfers in 8,128 8,419 Light & Power Fund from revenue sources and transfers in 9,260,784 9,031,761 Water Fund from revenue sources and transfers in 2,647,842 2,576,758 Catastrophic Loss Fund from revenue sources and transfers in 31,365 16,052 Medical Insurance Fund from revenue sources and transfers in 365,921 326,209 Fleet Maintenance Fund from revenue sources and transfers in 285,679 260,289 Firemen's Pension Fund from revenue sources and transfers in 123,207 122,002 Policemen's Pension Fund from revenue sources and transfers in 572 390 Vehicle Replacement Fund from revenue sources and transfers in 225,221 223,721 Friends of Stanley Hall from revenue sources and transfers in 5,410 4,923 *note: if there is no adjustment listedfor afund, the original budgeted amount remains the same. All resources from unappropriated surpluses remain as originally adopted. ********** 911MLOM MOOT- CN O ......... Lf) O 0 r-100 h 03 m Lo ch 111 1 911 r-1 r-1 ****88**** 03 LO m 91 or> 01 r-1 00 00 91 ......... CO ,-1 Lf, m ol w t-1 03 m O r-110*Ir-INIir-1 1 1 ****** 88** Moomt-Or-m,Loch,(N ......... 03 [- 1-(3 0 (Noo LD EM O rw r-4 r-1 ,-1 1 911 ********** r-1 00 EM' 00 911 Lr} r-1 t- m h ......... 01 W CO LO 911 41 LO 00 0 h 031 1,-11-lili t-1 1 1 8*88* 88**8 - 0000000011.0~i C-t-LOWMEOOLflmlO ......... 01 M) '0 t- t- tri In m ,-1 0 IAIr-Ir-1 >CO OLOr-1 ON Lon 41=11 r-wnimmeN I r-1 lili * ***8 8*88 0 0] L-fl OO m 9100 m LO ........ 1-r)Ot-ACNLArlmO 1 r.-11 lili m O, 911 w 00 m h 00 0 i O w 01 r-1 0 Eli in La I mir-1 1 111 ********* 01 03 0 91 h " O, 911 to tri ........ ~~(Nrr,Omwr-Lflr-101 009903 111 1 1-1 r-1 HI 11 Z m M M >4 Z .-1 0 0. El , U 4 1,1 40,~DDD 01 00 81 th<40#t<COOZA US 34 US 36 TOTAL TOTAL RETAIL ACCOM REST GROC TRAFFIC COUNTS SALES TAX ECONOMIC INDICATORS % Chg 2004 - 2003 MONTHLY %