ORDINANCE NO. 481

AN ORDINANCE REGULATING THE APPOINTMENT OF A BUILDING INSPECTOR AND PRESCRIBING THE DUTIES THEREOF, AND REGULATING THE CONSTRUCTION, ALTERATION, REPAIRING, MOVING AND DEMOLITION

OF BUILDINGS AND SIGNS IN THE CITY OF GRAND JUNCTION, COLORADO, AND FIXING PENALTY FOR VIOLATION THEREOF

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

CHAPTER I - INSPECTIONS

SECTION 1. BUILDING INSPECTOR. There shall be a Building Inspector, appointed who shall be the head of the Building Department and who, under the direction and control of the City Manager shall have full power to direct the affairs of that Department, and until he is appointed and qualified, the City Engineer shall act as Building Inspector.

SECTION 2. QUALIFICATIONS OF INSPECTOR. The Building Inspector shall be a practical architect, builder, or engineer who has been actively engaged in such profession for at least five (5) years.

SECTION 3. OATH AND BOND OF INSPECTOR. The Building Inspector, before entering upon the duties of his office shall file his oath of office with the City Clerk together with a Surety Bond, in the sum of One Thousand ($1,000.00) Dollars to be approved by the City Council conditioned for the faithful discharge of his duties. He shall keep an office, same to be furnished at the expense of the City.

SECTION 4. DUTIES OF INSPECTOR, GENERAL. It shall be the duty of the Building Inspector to enforce all of the provisions of this ordinance and such other ordinances as the City Council shall from time to time designate.

(a) To approve all plans which conform to the provisions of this ordinance.

(b) To make his rulings on all such matters as are left to his discretion by the terms of this ordinance, when so requested by the owner, architect, engineer or builder.

(c) To sign or cause to be signed, all permits or notices required to be issued under this ordinance.

(d) To report to the City Manager for prosecution all violations and to sign or cause to be signed all complaints to the legal department for Police or District Court.

(e) To keep a proper book or register of all transactions of his office and submit to the City Manager monthly a statement showing in detail, all of his official transactions.

(f) He shall make a record of all violations of the several provisions of the ordinance together with the particulars connected therewith.

SECTION 5. REGISTERED INSPECTORS. Any person, firm or corporation engaged in the erection or causing the erection of a building and/or structure where the estimated cost exceeds $20,000.00 shall employ a properly qualified "Registered inspector", architect or structural engineer; provided, however, that the Building Inspector may authorize the proposed construction without requiring a "registered inspector" when in his estimation such special supervision is not necessary. The Building Inspector may designate any building and/or structure as requiring a "registered inspector" when deemed necessary, or where there is a complicated design, or where new materials or methods of construction are intended to be used.

The "registered inspector" shall be approved by, registered with, deputized by and assigned to a particular building or structure by the Building Inspector. Such "registered inspector" shall be thoroughly qualified by knowledge and experience in design and construction of the structure to which he is assigned by the Building Inspector, and he shall be thoroughly familiar with the requirements of this code applying to that building or structure and of their practical application.

Each such inspector shall carefully inspect all materials entering into the construction of the structure and be responsible for obtaining full information regarding the strength of materials where new or untried materials are intended for any use involving structural safety. He shall report in writing the true details regarding the progress of the work, the condition of the same, deviation, difficulties, delays, general character of materials, work, etc., weather conditions and all and any influencing factors that affect in any manner the structural safety and strength of the building. He shall notify the Building Inspector of any attempt to cover, conceal, patch or repair any defect in materials or workmanship before such materials have been examined by the Building Inspector or his duly authorized representative. He shall not be engaged in any other labor on the project in which he is employed.

SECTION 6. CERTIFICATE OF COMPLIANCE. The duties of the "registered inspector" shall terminate only when certificate of compliance has been issued by the Building Inspector. Such certificate of compliance shall bear a statement signed by the "registered inspector", stating that the work upon the building or structure to which he has been assigned has been completed in a satisfactory manner, and that the regulations of this code affecting the structural features of such building or structure have been fully complied with, and if there have been any infractions of this ordinance they shall be noted in this statement. The Building Inspector shall approve such certificate of compliance filed by the "registered inspector", if after inspection of the structural features of such building or structure are found to be in accordance with the provisions of this code. Each certificate of compliance shall bear the legal description of the property upon which such building or structure is located and an identifying description of the building. A duplicate of each certificate of compliance shall be kept on file permanently in the office of the Building Inspector.

SECTION 7. INSPECTIONS. The Building Inspector shall inspect or cause to be inspected at various intervals during the erection, construction, enlarging, alteration, repairing, moving, demolition, conversion, occupancy, and underpinning all buildings and/or structures referred to in this Code and located in the City of Grand Junction and a final inspection shall be made of every building and/or structure hereafter erected prior to the issuance of the Certificate of Occupancy as specified herein.

No building construction, alteration, repair or demolition, requiring a building permit shall be commenced until the permit holder, or his agent shall have posted the building permit card in a conspicuous place on the front premises, and in such position as to permit the Building Inspector to conveniently observe and make the required entries therefrom respecting inspection of the work. This permit card shall be maintained in such position by the permit holder until the Certificate of Occupancy has been issued by the Building Inspector.

SECTION 8. AUTHORITY OF INSPECTOR. The Building Inspector is hereby authorized and directed to enforce all of the provisions of this Code and for such purpose he shall have the powers of a police officer.

The Building Inspector or his authorized representative may enter any building or premises for the purpose of inspection or to prevent violation of this Code, upon presentation of the proper credentials.

Whenever any building work is being done contrary to the provisions of this Code, or is being done in an unsafe or dangerous manner, the Building Inspector may order the work stopped, by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Inspector to recommence and proceed with the work.

Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Code, the Building Inspector shall order such use or occupancy discontinued, and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof, within ten days after receipt of such notice, or make the building or portion thereof comply with the requirements of this Code; provided, however, that in the event of an emergency the following paragraph shall apply.

SECTION 9. DANGEROUS BUILDINGS. Any building or portion thereof, including buildings and/or structures in process of erection, if found to be dangerous to persons or property, or unsafe for the purpose for which it is being used, or in danger from fire due to defects in construction, or dangerous for use because of insufficient means of egress in case of fire, or which violates the provisions of this Code due to the removal, decay, deterioration or the falling off of any thing, appliance, device or requirement originally required by this Code, or which has become damaged by the elements or fire to an extent of fifty (50) percent of its value, may be condemned by the Building Inspector. The Building Inspector may order portions of the structural frame of a building or structure to be exposed for inspection when in his opinion they are in an unsafe condition. In any of the aforesaid cases the Building Inspector shall serve notice in writing on the owner, reputed owner or person in charge of such a building or premises, setting forth what must be done to make such building safe. The person receiving such notice shall commence within forty-eight hours thereafter to make the changes, repairs or alterations set out in such notice and diligently proceed with such work or demolish the building. No such building shall be occupied or used for any purpose after the Building Inspector serves written notice of its unsafe or dangerous condition until the instructions of the Building Inspector have been complied with.

If, at the expiration of the time as set forth in the first notice, the instructions, as stated, have not been complied with, a second notice shall be served personally upon the owner, his agent, or the person in possession, charge or control of such building or structure or part thereof, stating therein such precautionary measures as may be necessary or advisable to place such building or structure or part thereof in a safe condition. Should the necessary changes not be made within thirty days after the service of such second notice the City Council may order the Building Inspector to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the City Council who shall cause the same to be paid and levied as a lien against the property. Proper service of either such notices shall be personal service upon the owner of record, if he shall be within the City of Grand Junction. If he is not in the City of Grand Junction, such service may be had upon any person accustomed to collect rents on the property in question who may be in the City of Grand Junction, such service may be had upon any person accustomed to collect rents on the property in question who may be in the City of Grand Junction, and in the absence of such a person, upon the tenant of the premises. In the event such premises are vacant, and the owner is not in the City of Grand Junction, such service will be completed when the notice is sent by registered mail to the last known address of the said owner. Whenever the owner, agent or tenant is a corporation, service may be upon the president, vice-president, secretary or treasurer, or in the absence of any of these, the local representatives of such corporation.

SECTION 10. ALTERNATE TYPES OF CONSTRUCTION OR MATERIALS. The provisions of this Code are not intended to prevent the use or types of construction or materials offered as an alternate for the types of construction or materials required by this Code, but such alternate types of construction or materials to be given consideration shall be offered for approval as specified in this chapter.

Any person desiring to use types of construction or materials not specifically mentioned in this Code shall file with the Building Inspector authentic proof in support of claims that may be made regarding the sufficiency of such types of construction and materials and request approval and permission for their use.

The Building Inspector may approve such alternate types of construction or materials and may recommend an amendment to this Code in order to make permissible the use of same. If the evidence and proof are not sufficient, in the opinion of the Building Inspector, to justify approval or recommendation for an amendment, the applicant may refer the entire matter to the City Council as specified in the following paragraph.

Any person whose application for a building permit for the use of an alternate material or type of construction has been refused by the Building Inspector or who may consider that the provisions of this Code do not cover the point raised or that any particular provision would cause a manifest injury to be done may appeal to the City Council by serving written notice on the Building Inspector in which it shall be stated that the applicant desiring to use the alternate materials or types of construction shall guarantee payment of all expenses for necessary tests made or ordered by the City Council. Such notice shall be at once transmitted to the City Manager, who shall arrange for a hearing on the particular point raised.

Such written notice shall be accompanied with the sum of Ten ($10.00) dollars payable to the City Clerk. If the appeal be denied such fee shall be retained by the City of Grand Junction, otherwise the fee shall be returned to the appellant.

CHAPTER II

GENERAL PROVISIONS

SECTION 11. GENERAL REQUIREMENTS. New buildings and/or structures hereafter erected in the City of Grand Junction, shall conform to all requirements of this code; and all requirements in this Code, unless specifically provided, shall apply to new buildings.

Additions, alterations, repairs, and changes of use or occupancy in all buildings shall comply with the requirements hereinafter specified in this Code.

The following specified requirements shall apply to existing buildings which for any reason whatsoever do not conform to the requirements of this Code for new buildings;

(a) If alterations and/or repairs in excess of fifty (50) per cent of the value of an existing building are made to such existing building within any period of twelve months, the entire building shall be made to conform with the requirements given herein for new buildings; provided, however, that any existing building which for any reason whatsoever, requires repairs at any one time, in excess of fifty (50) per cent of the value thereof, not deducting from such value any loss caused by fire or any other reason, shall be made to conform to the requirements of this Code or shall be entirely demolished.

(b) If the existing use or occupancy of an existing building is changed to a use or occupancy which would not be permitted in a similar building hereafter erected, the entire building shall be made to conform with the requirements given herein for new buildings; provided, however, that if the use or occupancy of only a portion or portions of an existing building is changed and such portion or portions are segregated as specified hereinafter in this Code, then only such portion or portions of the building need to be made to comply with said requirements; and provided further, that the Building Inspector is hereby given authority to approve any change in the use or occupancy of any existing building, within any one Group of Occupancy as hereinafter specified, even though such building is not made to fully conform to the requirements of this Code, when it is obvious that such a change in the use or occupancy of the existing building will not extend or increase any existing nonconformity or hazard of the building.

(c) Any existing building not covered by the preceding paragraphs (a) and (b) which has its floor area or its number of stories increased or its use or occupancy changed in any way from its former or existing use or occupancy shall be provided with stairways, emergency exits and fire protection facilities as specified in this Code for buildings hereafter erected for similar uses or occupancies.

(d) Every alteration or repair to any structural part or portion of an existing building shall when deemed necessary in the opinion of the Building Inspector be made to conform to the requirements of this Code for new buildings. Minor alterations, repairs and changes not covered by the preceding paragraphs (a), (b) and (c) may be made with the same materials of which the building is constructed; provided, that not more than twenty-five (25) per cent of the roof covering of any building shall be replaced in any period of twelve (12) months unless the entire roof covering is made to conform with the requirements of this Code for new buildings.

New roofing meeting the requirements of this Code may be placed over existing roofings when the existing roofing and roof framing is such as to permit the new roofing to be properly supported and securely fastened.

The requirements contained in this Code, covering the maintenance of buildings, shall apply to all buildings and/or structures now existing or hereafter erected. All buildings and/or structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards which are required by this Code at the erection, alteration or repair of any building shall be maintained in good working order.

This section shall not be construed as permitting the removal or non-maintenance of any existing devices or safeguarding unless authorized in writing by the Building Inspector.

SECTION 12. PERMITS REQUIRED. No person shall erect or construct any building or structure, nor add to, enlarge, move, improve, alter, convert, extend or demolish any building or structure, or cause the same to be done, without first obtaining a building permit therefor from the Building Inspector.

Permits will not be required for:

(a) Maintenance. Permits will not be required for ordinary maintenance consisting of restoring any part of the building to its original condition or for minor interior repairs where there is no interference with the means of egress or structural part of the building.

(b) Alterations. Permits will not be required for minor alterations in buildings other than dwellings, such as moving or erecting non-bearing, or dwarf partitions, or partitions that do not involve any change in the walls, members or structural parts, or in their stairways, fire escapes, light ventilation or classification, where the cost of such repairs does not exceed One Hundred ($100.00) Dollars.

(c) Wrecking Structures. Permits shall not be required for the wrecking of structures outside of the fire limits, or for one-story buildings within the fire limits, provided that such operations do not in any manner endanger the public or interfere with traffic or result in obstructing the streets, alleys or public places.

(d) Moving Buildings. Permits will not be required for the moving of small buildings which are drawn by four horses or less, or tractor weighing not more than 3,500 lbs., without the aid of a windlass, tackle or similar devices, provided the same does not occupy the public space between the hours of 6 P.M. and 6 A.M.

SECTION 13. APPLICATIONS FOR PERMITS. Any person desiring a building permit as required by this Code shall file with the Building Inspector an application therefor in writing on a blank form to be furnished for that purpose.

Every such application for a permit shall describe the land upon which the proposed building or work is to be done, either by lot, block and/or tract, or similar general description that will readily identify and definitely locate the proposed building or work.

Every such application shall show the use or occupancy of all parts of the building and such other reasonable information as may be required by the Building Inspector.

SECTION 14. PLANS TO BE FILED. Copies of plans and specifications and a lot plan showing the location of the proposed building and of every existing building thereon, shall accompany every application for a permit, and shall be filed in duplicate with the Building Inspector; provided, however, that the Building Inspector may authorize the issuance of a permit without plans or specifications for small or unimportant work.

Plans shall be drawn to scale upon substantial paper or cloth and the essential parts shall be drawn to a scale of not less than one-eighth (1/8) inch to one foot.

Plans and specifications shall be of sufficient clarity to indicate the nature and character of the work proposed and to show that the law will be complied with. Computations, strain sheets, stress diagrams and other data necessary to show the correctness of the plans, shall accompany the plans and specifications when required by the Building Inspector.

Any specifications in which general expressions are used to the effect that "work shall be done in accordance with the Building Code", or "to the satisfaction of the Building Inspector" shall be deemed imperfect and incomplete and every reference to this Code shall be to the section or sub-section applicable to the material to be used or to the method of construction proposed.

All plans shall bear the name of the architect, structural engineer or designer.

The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Inspector and if found to be in conformity with the requirements of this Code and all other laws or ordinances applicable thereto, the Building Inspector shall certify the fact to the City Clerk, who shall, upon receipt of the required fee, issue a permit therefor.

When the Building Inspector recommends the issuance of the permit, he shall endorse in writing or stamp both sets of plans and specifications "Approved". One such approved set of plans and specifications shall be retained by the Building Inspector as a public record, and one such approved set of plans and specifications shall be returned to the applicant, which set shall be kept on such building or work at all times during which the work authorized thereby is in progress and shall be open to inspection by public officials. Such approved plans and specifications shall not be changed, modified or altered without authorization from the Building Inspector, and all work shall be done in accordance with the approved plans.

SECTION 15. FEES FOR PERMITS. Any person desiring a building permit shall, at the time of filing an application therefor, as provided in Section 8 of this Code, pay to the City Clerk, a fee as required in this Section.

For each sign a fee of $1.00. For each moving permit a fee of $1.00.

For each building a total valuation of $1,000.00 or less, a fee of $1.00.

An additional fee of $1.00 for each additional $1,000.00 or fraction thereof of total valuation to and including $50,000.00; and an additional fee of 504 for each additional $1,000.00 or fraction thereof of total valuation exceeding $50,000.00.

The City of Grand Junction, the County of Mesa, and the State of Colorado, and the United States of America, shall be exempt from the paying of any fee for any building permit.

Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be doubled, but payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.

The Building Inspector shall keep a permanent, accurate account of all fees collected and received under this Code, and give the name of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.

SECTION 16. EXPIRATION OF PERMITS. Every permit issued by the Building Inspector under the provisions of this Code shall expire by limitation and become null and void; if the building or work authorized by such permit is not commenced within sixty (60) days from the date 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 sixty (60) days. Before such work can be recommenced a new permit shall be first obtained so to do, and the fee therefor shall be the same amount required for a new permit.

CHAPTER III

BUILDING WITHIN THE FIRE LIMITS

SECTION 17. FIRE LIMITS. All that portion of the City of Grand Junction embraced within the following described limits shall be known as the fire limits of the City of Grand Junction:

Beginning at the northwest corner of Lot 24, Block 100, in the City of Grand Junction; thence east to the northeast corner of Lot 17, Block 101; thence north to the northeast corner of Lot 16, Block 101; thence east to the northwest corner of Lot 1, Block 103; thence north to the northwest corner of Lot 32, Block 96; thence east to the northeast corner of Lot 17, Block 96; thence north to the northeast corner of Lot 16, Block 96; thence east to the northwest corner of Lot 1, Block 94; thence south to the northwest corner of Lot 30, Block 94; thence east to the northeast corner of Lot 5, Block 93; thence south to the southeast corner of Lot 6, Block 106; thence east to the southeast corner of Lot 19, Block 106; thence south to the northeast corner of Lot 20, Block 115; thence west to the northeast corner of Lot 5, Block 115; thence south to the southeast corner of Lot 1, Block 115; thence west to the southeast corner of Lot 20, Block 116; thence south to the southeast corner of Lot 15, Block 127; thence west to the southwest corner of Lot 1, Block 126; thence south to the northwest corner of Lot 1, Block 139; thence west to the northeast corner of Lot 6, Block 142; thence south to the northeast corner of Lot 6, Block 145; thence west to the right of way of the Denver and Rio Grande Western Railroad Company; thence in a northwesterly direction along said right of way to the southwest corner of Lot 18, Block 143; thence north to the northeast corner of Lot 6, Block 121; thence west to the northwest corner of Lot 1, Block 121; thence north to the place of beginning.

SECTION 18. RESTRICTIONS IN FIRE LIMITS.

(a) No building or structure of Type V Construction shall be erected or constructed in or moved into the Fire Limits.

(b) No building or structure of Type IV Construction having an area greater than four hundred (400) square feet shall be erected or constructed in or moved into Fire Limits; provided, however, that no such structure shall at any time be used as a store, shop, office, factory or dwelling.

(c) Any building or structure in the Fire Limits which is enlarged, altered, raised or built upon to an extent exceeding an expenditure of twenty (20) per cent of the value of such building, shall be made to completely comply with the requirements of a Type I, II of III building.

(d) Any building or structure moved into the Fire Limits shall comply with all the requirements for new buildings in the Fire Limits.

(e) No building of Type IV Construction in excess of four hundred (400) square feet in area nor any building of Type V Construction already erected in the Fire Limits shall hereafter be altered, raised, enlarged, added to or moved, except as follows:

(1) Such building may be entirely demolished.

(2) Such building may be moved entirely outside the Fire Limits

(3) Changes, alterations and repairs to the interior of such building or to the front facing a public street may be made, provided such changes shall not increase in the opinion of the Building Inspector, the fire hazard of such building.

(4) Roofs of such buildings may be covered only with a "Fire-Retardant" roof as hereinafter specified.

(f) Temporary buildings such as reviewing stands and other miscellaneous structures conforming to the requirements of this Code, and sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected in the Fire Limits by special permit from the Building Inspector for a limited period of time and such structures shall be completely removed upon the expiration of the time limit in such permit.

(g) All doors, windows and other openings in exterior walls of all buildings erected in the Fire Limits shall be protected by doors or windows of one-hour fire resistive construction as hereinafter specified.

Exceptions: The provisions of paragraph (g) shall not apply to doors, windows or other openings which face directly upon and are not within fifty (50) feet of the opposite side of a public street or other public place, this distance to be measured at right angles to the plane of the wall in which such openings occur.

The provisions of paragraph (g) shall not apply to openings twenty (20) feet or more from buildings on the same property, or twenty (20) feet or more from adjacent property lines other than street fronts, as regulated by the first exceptions; nor shall such provisions apply to openings in courts which are at least twenty (20) feet in their least dimension. For the purpose of this paragraph the adjacent property line may be considered as the opposite side of adjoining alleys, streets or other public places if such exist.

(h) All buildings of Type III construction erected in the Fire Limits shall have all partitions and floors of not less than one-hour fire resistive construction as hereinafter specified.

(i) No Group E buildings except public garages or gasoline filling stations shall be constructed or erected in the Fire Limits and no existing buildings shall be used or occupied in any manner whatsoever by Group E occupancies except as public garages or gasoline filling stations.

CHAPTER IV

FIRE ESCAPES & FIRE EQUIPMENT

SECTION 19. HALLS AND EXITS TO FIRE ESCAPES TO BE PROVIDED. Hereafter it shall be the duty of the architects and the owners of buildings erected within the municipality to provide suitable halls or exits to fire escapes for all buildings where fire escapes are required.

SECTION 20. METALLIC FIRE ESCAPES. Each and every building within the City of Grand Junction, three stories or more in height shall be provided with a metallic fire escape or fire escapes, extending from the second story to and above the roof of such building, and on the outer walls thereof, at such locations and such numbers as the Building Inspector and the Fire Chief may designate.

SECTION 21. HOSE CONNECTIONS FOR STAND PIPES. All hose couplings used on any stand pipe or sprinkling device shall conform to the size and pattern adopted by the Fire Department of the City of Grand Junction.

CHAPTER V

USE OF SIDEWALK SPACE

SECTION 22. PERMIT FOR OPENINGS. In all cases where area walls are to be constructed, or openings in sidewalks for admission of coal or light, or for any other purpose, are to be made, a permit for such work shall first be obtained from the City Council granted only upon the approval of the Building Inspector.

SECTION 23. STAIRWAY AREAS. No stairway shall extend in the sidewalk more than three feet on streets having sidewalks fifteen (15) feet wide; provided that no area or stairway shall project into the sidewalk upon streets where such sidewalk is less than ten feet in width, nor into any alley, and, provided further, that all such stairways or open areas shall be properly protected by smooth iron or brass railings. If such stairways occur at street corners, they shall be properly rounded off so that they shall have a radius not exceeding the distance that said stairways project into the sidewalk measured at right angles to the front or side of the buildings.

SECTION 24. USE OF STREETS UNDER SIDEWALKS. Any person desirous of constructing an area under the sidewalk adjacent to any building owned by him, shall first obtain special permission from the City Council, and if such permission is granted, he shall construct a sufficient brick, stone, or concrete wall to retain the roadway of the street, and shall extend the side division or party wall of such building under the sidewalk to such curb wall. No work of any nature shall be started until after the City Council shall grant such permit. The sidewalk over such area shall, in all cases, be composed of incombustible materials and have sufficient strength to support a safe load of at least three hundred pounds per superficial foot, exclusive of the weight of the sidewalk and its supports.

SECTION 25. OPENINGS IN SIDEWALKS. Openings in sidewalks for any purpose shall be covered with prismatic lights in iron frames, precast concrete slabs, or with doors having a rough surface and set in iron frames rabbited flush with the sidewalk, and means shall be provided for locking such doors or covers in place.

SECTION 26. OUTSIDE STAIRS FROM SIDEWALK PROHIBITED. No person or persons shall construct or maintain a stairway leading from a sidewalk or street to any story of any building above the first story.

SECTION 27. BUILDINGS PROJECTING OVER STREET. No portion of any building whatsoever nor any accessory thereto other than signs as provided in this Ordinance shall project over the public street or sidewalk except as specified in this Section.

(a) Unroofed porches, balconies or oriel windows may extend not more than three (3) feet over public streets or sidewalks, but shall in no case be less than ten (10) feet in the clear above the sidewalk or street level immediately below.

(b) Movable awnings of combustible materials supported throughout on metal frames may extend over the sidewalk portion of a public street a distance equal to two-thirds (2/3) the width of the sidewalk space; provided, that every such awning frame shall be not less than seven feet and six inches (7'6") above the sidewalk immediately below and that any fringe attached to such awning shall be not less than seven (7) feet from the sidewalk level immediately below.

(c) Cornices constructed of fire-resistive materials if more than ten (10) feet above the sidewalk may project over a public street not more than four (4) feet.

(d) A fixed awning or marquise projecting over the sidewalk shall conform to the following regulations:

(1) Such awning or marquise shall be supported entirely from the building.

(2) All combustible materials used in the construction of any fixed awning or marquise shall be protected by not less than one-hour fire-resistive construction as specified in this Ordinance.

(3) Such awning or marquise shall be at least eight (8) feet in the clear between the lowest point of any projection and the sidewalk immediately below and shall not occupy more than two-thirds (2/3) the width of the sidewalk, measured from the building, except that when such awning or marquise is twelve (12) feet in the clear above the sidewalk immediately below, it may extend the full width of the sidewalk for a distance of not more than fifteen (15) feet along the direction of the length of the street.

(4) Every awning or marquise shall be so located as not to interfere with the operation of any exterior stand pipes, stairways or exits from the building and such location shall meet with the approval of the Building Inspector.

(5) The roof of any such awning or marquise shall be sloped to down-spouts which shall conduct any drainage under the sidewalk to the curb.

(e) Water tables, belt courses, sills, bases, columns, pilasters, capitals or other decorative features shall not project more than six (6) inches beyond any lot line.

(f) No part of any show window, store front or show case except the sill, as provided in paragraph (e) of this Section, shall project beyond the property line. Doors in Fire Limits shall not project more than one (1) foot beyond the property line bordering a street and shall not project into any alley, Doors in buildings outside of the Fire Limits which swing over the street property line shall be maintained normally closed.

(g) No projection whatsoever shall be allowed in alleys except a curb or buffer block extending not more than nine (9) inches from the face of the building and not more than nine (9) inches above the adjacent alley grade.

CHAPTER VI--SIGNS

SECTION 28. PERMITS.

(a) It shall be unlawful to install any sign in any manner upon, or attached to, or supported by any building, on the exterior thereof, in the City of Grand Junction, except as herein provided, without first obtaining a permit therefor from the Building Inspector.

(b) No permit shall be required for the installation of any sign, the area of which, computed by multiplying its greatest width by its greatest length, is less than two square feet; nor for a sign that is painted directly upon the outside wall of any building; nor for the replacement of the removable display board or panel or other removable display surface of a sign having a stationary framework or structure so designed that a display board or panel or other display surface may be inserted therein or attached thereto or removed therefrom whenever desired without unfastening or removing said stationary framework or structure from its supports; nor for signs loosened from their supports, and taken down, painted and replaced without any change having been made in their size or form, or in ownership thereof, provided such sign is in conformity with all other provisions of this Chapter.

(c) Signs one foot, or less in thickness and attached flat against the face of a building abutting on a street, alley or public property, or attached as close thereto as the construction or projections of the building will permit, shall not be held to project over such street, alley or public property, for the purposes of this Ordinance, and shall not be subject to the regulations for signs projecting over a street, alley or public property.

(d) Every person or persons, applying for a permit for the installation of a sign shall state the name of the owner of such sign, the location of the building on which it is to be installed, the size and cost of the proposed sign and the materials of which it is to be constructed and such other information in connection therewith as may be required by the Building Inspector, and when required by the Building Inspector, shall file in his office, plans and specifications for such sign, which shall show the proposed design and construction of such sign and the manner in which it is to be attached to the building on which it is to be installed, and the nature and size of the materials to be used in such installation.

(e) In the case of each electric sign manufactured and wired outside of the City of Grand Junction, but to be installed within said City, no permit for the hanging of such sign shall be issued by the Building Inspector until a permit covering the wiring of such sign shall have first been secured from the office of the Electrical Inspector by a licensed electrician who thereby assumes all responsibility for bringing said wiring into conformity with the requirements of the ordinances of the City of Grand Junction; nor then until said wiring shall have been inspected and approved by the Electrical Inspector.

SECTION 29. WOOD SIGNS.

(a) No wood sign, attached to the face of a building, shall exceed fifty (50) square feet in area, for any twenty (20) feet of frontage on such building, nor shall more than one such sign be attached on any one story, to each face of a building, for any occupant thereof, nor shall any wood sign exceed three feet in width, or be placed above the third floor of any building.

(b) No wood sign nor any other sign excepting an electric or illuminated sign shall project more than eighteen (18) inches over public property.

(c) No wood sign, projecting over public property, shall exceed five (5) square feet in area, nor shall more than one such sign be attached to each face of a building for any occupant thereof.

SECTION 30. GLASS SIGNS.

(a) No section of a glass sign attached to the face of a building shall exceed forty square feet in area, at any story, for any twenty feet of frontage, of such building.

(b) No glass sign shall project more than eighteen (18) inches over public property unless it be an electric or illuminated sign.

(c) No glass sign, projecting over public property, shall exceed forty square feet in area, measured on all the combined display faces of the sign, nor shall more than one such sign be attached to each face of a building for any occupant thereof.

(d) Glass box signs, projecting over public property, shall not project more than three feet, nor exceed forty square feet in area, measured on all the combined display faces of the sign, nor shall more than one such sign be attached to each face of a building for any occupant thereof.

(e) The glass used in glass signs shall be either double strength or plate glass. If double strength is used, no pane shall exceed nine square feet in area, and if plate glass is used, no pane shall exceed twenty square feet in area. Glass signs shall be so constructed that each pane of glass is securely fastened to the body of the sign, independently of all other panes.

(f) Glass signs may be constructed of wood or metal sashes or borders, but no such sash or border shall exceed four inches in width.

SECTION 31. ELECTRIC OR ILLUMINATED SIGNS.

(a) An electric or illuminated sign, within the meaning of this Ordinance, shall be any sign, the letters or figures of which are outlined by incandescent electric lamps placed in grooves or channels, forming such letters or figures, or studded directly into the faces of such letters or figures, or on which the letters or figures are outlined by perforations, by Neon gas tubes, or transparent devices through which light from incandescent electric lamps is transmitted. Signs on which the letters or figures are painted, placed or raised, and illuminated by exterior lamps so placed as to reflect light onto said letters or figures in the above described manners, shall be electric or illuminated signs within the meaning of this Ordinance, and shall be subject to the regulations hereinbefore provided for electric signs.

(b) Signs illuminated by electric lights, and the display faces of which are made of glass, shall be subject to the regulations hereinbefore provided for glass signs, and shall also conform to all requirements relating to the wiring of electric signs, as provided for in the ordinances of the City, pertaining to electric wiring.

(c) No section of an electric sign, attached to the face of a building, shall exceed one hundred and fifty (150) square feet in area, for any twenty feet of frontage.

(d) No electric sign, attached substantially parallel to the face of a building and projecting over public property, shall exceed one hundred square feet in area or project more than two feet over any public property; nor shall more than one such sign be attached to each story of a building for any occupant thereof, for any twenty feet of frontage.

(e) No electric sign, attached at any angle to the face of a building, shall project over public property more than 8 feet, measured along the sign in the direction of projection; nor shall more than one such sign be attached to each face of a building for any one occupant thereof, nor shall two such signs, or portions thereof, be placed together so as to form a "V" shaped sign. No electric sign, placed at any angle over public property, shall exceed one hundred and fifty square feet in area.

(f) The distance between the principal parallel faces of an electric sign, projecting over public property, shall not exceed one foot.

(g) Every electric sign projecting over public property, shall be lighted by a sufficient number of incandescent electric lamps to give at least ten candle power of light for every square foot of sign area, measured on all the combined display faces of such sign.

(h) Before any electric sign is installed in place, or the wiring in the same concealed, the erector or manufacturer thereof shall notify the Electrical Inspector of the City of Grand Junction, who shall make, or have made, an inspection of such sign within forty-eight hours thereafter, and, if approved by said Inspector, said sign may then be installed in place. After such sign is erected or installed in place, the said Inspector shall again be notified that a final inspection and acceptance thereof is desired, and said Inspector shall make such inspection within forty-eight hours thereafter.

SECTION 32. MISCELLANEOUS REQUIREMENTS.

(a) No projecting sign, of any class hereinbefore referred to, mentioned or described in this ordinance, shall have a greater weight than two thousand pounds.

(b) All signs referred to in this ordinance, attached to or placed on any building, shall be thoroughly secured thereto by iron or metal anchors, bolts, supports, chains, stranded cables, steel rods or braces. No staples shall be used for securing any projecting sign to any building. All projecting and roof signs shall be constructed and braced to withstand a horizontal wind pressure of at least thirty pounds for every square foot of surface exposed.

(c) No sign of any kind shall be attached to or placed upon any building in such a manner as to obstruct any fire escape or any window or door leading thereto, nor shall any sign be attached, in any form, shape or manner, to a fire escape.

(d) Every sign, projecting over public property, or attached to the face of a building abutting on public property, or attached to, or placed upon the roof of any building, and all the supports, guys, braces and anchors for each such sign, shall be thoroughly and properly painted at least once in each two years; and the Building Inspector may order the removal of any such sign that is not so painted, or the supports, guys, braces and anchors of which are not so painted, and it shall be unlawful for the owner or person having charge of such sign not to remove the same after receiving notice from the Building Inspector so to do.

(e) No sign, projecting over public property, shall be so hung that the lowest point thereof will be less than twelve (12) feet above the level of the sidewalk, except that such signs as do not exceed four square feet in area and do not project over public property more than eighteen inches, which signs shall be hung not less, at any point, than eight (8) feet above the level of the sidewalk, and excepting, also signs projecting over public driveways, which shall not be hung less than fourteen (14) feet above the level of any such driveway.

(f) No sign erected before the passage of this ordinance shall be repaired, altered or moved, without being brought in compliance with the requirements of this ordinance.

(g) Every electrical sign shall be installed in a manner satisfactory to the Building Inspector.

(h) Every sign, hereafter erected and attached in any manner to a building, shall be plainly marked with the name of the contractor erecting such sign, and the month and year of its erection.

CHAPTER VII - HOUSE MOVING

SECTION 33. HOUSE MOVERS TO BE LICENSED. No person, firm or corporation shall engage in the business of house moving, or move any building or part thereof, in, along or across any public street, alley or public ground in the City of Grand Junction, unless such person, firm or corporation shall first have secured a license from the City Council to engage in such business; provided that before such license shall be granted, an annual fee of $1.00 shall be paid to the City Treasurer and a good and sufficient surety bond in the sum of One Thousand ($1,000.00) Dollars be approved by the City Council, said bond to be conditioned upon the faithful performance of all things required under the provisions of this Ordinance and the payment of all damages caused in the moving of such building or part thereof.

SECTION 34. PERMIT FOR HOUSE MOVING. Before any person, firm or corporation, so licensed, shall move any building or part thereof, in, along, or across any public street or ground in said City, he shall obtain a permit to so do from the City Clerk in which permit shall be described the route to be taken in the moving of such building, or part thereof, and the length of time which may be consumed in the work. No permit for moving will be considered to cover repairing or any construction work of any nature on the building.

SECTION 35. CITY TO BE REPRESENTED. Before entering upon any street, alley or public ground with any building, the licensed house mover shall notify the City Manager who will furnish to such licensed mover a representative of the Highway Department of the City of Grand Junction, whose duty it shall be to see that due care is taken in prevention of damage to any street, alley or public ground and who shall report any damage to the City Manager. The cost of said representative must be paid by said licensed house mover.

SECTION 36. PERMITS FROM UTILITY COMPANY. If at any time it is necessary to pass under any telephone, telegraph or power wires, requiring that they be moved in any way, it shall be the duty of such licensed house mover to notify such company as to when he will pass under the said wires, and it shall be the duty of such company owning or operating such wires to move the same at the request of such licensed house mover or his authorized representative, provided that the request therefor will be reasonable and that by so moving the wires it will not cause undue hardship to such company by interrupted service. In such case an appeal shall be taken to the City Manager, who shall have power to change the routing listed on the permit. All costs in moving of wires shall be billed against such licensed mover on the basis of the actual cost of such moving. If necessary to cross railway tracks, all permits from the railroad companies must be secured by the licensed mover prior to obtaining permit from the Building Inspector.

SECTION 37. OBSTRUCTING STREETS, ETC. No building or part thereof shall be allowed to stand still in any public street or on any public ground within said City for more than twenty-four consecutive hours, nor shall the same be allowed to obstruct any steam, electric or street railway for any period of time whatever without consent of the agent or the proprietor of such railway competent to grant such consent.

CHAPTER VIII. MISCELLANEOUS

SECTION 38. USE OF RED LIGHTS. Any person having the use of any portion of the street or sidewalk for the purpose of erecting, altering or repairing any building, or for any other purpose, shall cause red lights or torches to be placed in a conspicuous place, or placed in front of any obstruction occurring in the street or sidewalk at that location, from dark until sunrise, each and every night during the time that such obstruction remains, in such numbers as may be necessary to properly warn traffic of such obstruction.

SECTION 39. USE OF STREETS FOR BUILDING MATERIAL. No building material or materials shall be placed upon the streets or sidewalks except as provided in this Chapter.

Building materials required for use immediately or in connection with the construction of a building may be placed upon the street or sidewalk in front of the building in course of construction or alteration. The maximum width of such occupied space shall not exceed one-third (1/3) the width of the street, measured between curbs, and in no case shall the space within five (5) feet of the nearest rail of any railway tracks be occupied for building materials. The sidewalk space may be occupied for building construction purposes provided the owner or his agent constructs a temporary sidewalk not less than four (4) feet in width in the outer portion of the permissible occupied space, and such temporary sidewalk shall be protected on the building side by a tight fence not less than four (4) feet in height.

Building materials may be placed in front of the property adjoining a building site under the same conditions as provided for the occupation of the street immediately in front of the building site, provided the written consent and waiver of claim for damages against the City of Grand Junction is obtained from the owner or owners of such adjoining property, and filed in the office of the Building Inspector.

No building material, fence, shed or any obstruction of any kind shall be placed so as to obstruct free approach to any fire hydrant, lamp post, manhole, fire alarm box, or catch basin, or so as to interfere with the passage of water in the gutter.

Mortar or concrete may be prepared in the space permitted for storage of building materials, but shall be done in a mechanical mixer or in a tight box or on a tight mixing board in such a manner that dripping or splashing is prevented. Pavements shall be well cleaned of all building materials at the completion of the construction of a building.

The street side of any barricade or fence and hand rails and sidewalks shall be kept reasonably smooth and in good repair while construction work is in progress or while such barricades, fences or walk-ways are placed on or over public property.

SECTION 40. CURB AND PAVING, HOW TO REMOVE. Whenever in the construction, alteration, repair or removal of any building within the City of Grand Junction, it shall be necessary to remove any of the paving or curb in the street in front of said building or in the alley adjacent thereto, either for the purpose of making excavations or for setting derrick posts, the Building Inspector shall not issue a permit for such proposed work until the applicant presents to the Building Inspector a permit from the City Engineer for the removal of said paving or curb, together with a receipt from the City Treasurer for the amount of money necessary, according to the estimates of the City Engineer to defray the expenses of relaying said paving or curb.

SECTION 41. RAINWATER LEADERS. All buildings now or hereafter erected, fronting on a street shall be kept provided with proper leaders for conducting the water from the roof to the ground, storm sewer, street gutter, or dry well, in such manner as shall protect all walls and foundations from damage therefrom. In no case shall water therefrom be allowed to flow upon the sidewalk. No person or persons shall construct or maintain any rain water leader except in accordance with the provisions of this Section.

SECTION 42. STORING OF GASOLINE, ETC. All storage of gasoline in any building shall be in underground tanks; provided, however, that there may be in each public garage, one or more approved portable wheeled tanks, each of a capacity not exceeding sixty gallons, to be used for transferring such liquid from the storage tank; the number of these wheeled tanks shall be fixed for each garage by the Chief of the Fire Department and the Building Inspector. The reservoirs of motor vehicles shall be filled directly through hose from pumps attached to such portable tanks, or by hose coupled to permanent filling stations connected with the main storage tanks. No transfer of gasoline in any garage shall be made in any open container. Hose for use in connection with the filling station or with the portable tank shall be of such design and material as to prevent leakage.

SECTION 43. STORAGE TANKS FOR GASOLINE.

(a) Storage tanks for gasoline in all public garages shall be buried at such points as shall be directed by the Chief of the Fire Department and by the Building Inspector. The top of each tank shall be at least three (3) feet below the surface of the ground and below the level of the lowest pipe in the building to be supplied. Tanks may be permitted underneath a building, if buried at least three (3) feet below the lowest floor. Tanks shall be set on firm foundations and shall be surrounded by soft earth or sand well tamped into place, or encased in concrete. A tank may have a test well, provided it extends to near the bottom of the tank, and its top shall be hermetically sealed and locked, except when necessarily open. When a tank is located underneath a building its test well shall extend above source of supply. The limit of tank storage capacity permitted shall depend upon the location of tanks with respect to the building to be supplied and adjacent buildings, as follows:

(1) Unlimited capacity if lower than any floor, basement, cellar, or pit in any building within a radius of fifty feet.

(2) Twenty thousand gallons total capacity if lower than any floor, basement, cellar or pit in any building within a radius of thirty feet.

(3) Five thousand gallons total capacity if lower than any floor, basement, cellar or pit in any building within a radius of twenty feet.

(4) One thousand five hundred gallons total capacity if lower than any floor, basement, cellar or pit in any building within a radius of ten feet.

(5) Five hundred gallons if not lower than every floor, basement, cellar, or pit in any building within a radius of ten feet, in which case it shall be entirely encased in six inches of concrete.

(b) Except existing tanks in good condition, all tanks below ground as permitted by this Ordinance shall be made of basic open hearth steel or wrought iron of minimum gauge, depending upon the capacity or size as given in the following table:

Tanks shall be riveted, welded or brazed and shall be soldered, caulked or otherwise made tight in a mechanical and workman-like manner, and if to be used with a pressure discharge system shall safely sustain a hydrostatic test at least double the pressure to which each tank shall be subjected. Top of each tank shall be securely fastened to top ring with joints of equal tightness to those between rings. Every tank shall be covered with asphaltum or other rust preventing paint or coating. All pipe connections shall be made through flanges or reinforced metal, securely riveted, welded or bolted to tank and made thoroughly tight.

(c) All underground storage systems, in which the tank shall contain inflammable gases, shall have at least a one-inch vent pipe running from the top of tank to a point outside of the building and acceptable to the Chief of the Fire Department and to the Building Inspector, and which shall end at least 12 feet above level of source of supply and in a location remote from fire escapes and never nearer than three (3) feet, measured horizontally and vertically to any window or other opening; the tank vent pipe shall terminate in a gooseneck, protected at its outer end by a 30 x 30 mesh, or equivalent, brass wire screen, or by a combined vent and filling pipe, so equipped and located as to vent the tank at all times even during filling operations. The vent pipes from two or more tanks may be connected to one upright, provided they be so connected at a point at least one foot above level of source of supply.

(d) All drawing-off pipes terminating inside of any building shall have valves at the discharge ends.

(e) The end of the filling pipe for every underground storage tank shall be carried to an approved location outside of any building, but not within five feet of any entrance door, or cellar opening, and shall be set in an approved metal box with cover, which shall be kept locked except during filling operations; this filling pipe shall be closed by a screw cap. A 30 x 30 mesh, or equivalent, brass screen strainer shall be placed in the supply end of the filling pipe.

(f) Liquids shall be drawn from tanks by pumps so constructed as to prevent leakage or waste splashing, or by some other system approved by the Chief of the Fire Department and by the Building Inspector, with controlling apparatus and piping so arranged as to allow control of the amount of discharge and prevent leakage of discharge inside the building by any derangement of the system. When inside of a building, the pump or other drawing-off device shall be located on the grade floor, preferably near an entrance or other well-ventilated place.

SECTION 44. INJURY TO PROPERTY. Nothing in any license or permit in pursuance of the provisions of this ordinance, shall be construed as authorizing the holder thereof to break, injure or move any telegraph, telephone, electric motor or electric wire or poles, or in any way to injure any shade tree or other private property, without permission from the owner or owners thereof.

SECTION 45. ZONING ORDINANCE. No provisions set forth in this Ordinance shall be construed to be in conflict or supercede any of the provisions of the Zoning Ordinance of the City of Grand Junction, Colorado.

SECTION 46. ADOPTION OF UNIFORM CODE. All definitions; all requirements based upon occupancy; all requirements based upon types of construction; all engineering regulations, quality and design of the materials of construction; all detailed regulations for excavations, footings and foundations, walls and partitions, enclosure of vertical openings, floor construction, roof construction and covering, stairs, ramps and towers, exits, doors, windows and skylights, bays and balconies, roof construction, chimneys and heating apparatus fire extinguishing apparatus, ventilators, motion picture machine booths, proscenium curtains, etc.; all regulations on fire-resistive standards for fire protection; and all regulations for plastering shall be in conformity with the rules and regulations set down in a certain document, 3 copies of which are on file with the City Clerk and which is known as the "Uniform Building Code", 1930 Edition", adopted by the Pacific Coast Building Officials Conference, as the same is now printed or may be from time to time hereafter added to, revised, or amended, and said rules and regulations and the amendments, revisions, and additions thereto not inconsistent with provisions set forth in this Ordinance are hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance.

SECTION 47. PENALTY. Any person or corporation who shall violate any of the provisions of this Ordinance shall, upon conviction thereof, be fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars and each and every day's continuance of any violation of the provisions of this Ordinance shall constitute and be deemed a separate offense.

SECTION 48. REPEAL. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Passed and adopted this 17th day of December, A. D. 1930.

/s/ Fred A. Rogers

President of the Council

ATTEST:

/s/ Helen C. Tomlinson

City Clerk

I HEREBY CERTIFY That the foregoing ordinance, being Ordinance No. 481, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular adjourned meeting held on the 26th day of November, A. D. 1930, and that the same was published in The Daily Sentinel a newspaper published and in general circulation in said City at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City, this 18th day of December, A. D. 1930.

/s/ Helen C. Tomlinson

City Clerk

1st publication Nov. 30th, 1930

Last Publication Dec. 19th, 1930