ORDINANCE NO. 2481

AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, MAINTENANCE AND INSULATION OF BUILDINGS OR STRUCTURES IN THE CITY OF GRAND JUNCTION. BY REFERENCE ADOPTING AND AMENDING THE UNIFORM BUILDING CODE, 1988 EDITION; THE UNIFORM BUILDING CODE STANDARDS, 1988 EDITION; THE UNIFORM MECHANICAL CODE, 1988 EDITION; THE UNIFORM PLUMBING CODE, 1988 EDITION; AND THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION; UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION; ALL PROMULGATED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS, AND ADOPTING THE NATIONAL ELECTRICAL CODE AS PROMULGATED BY THE NATIONAL FIRE PROTECTION ASSOCIATION AND AS ADOPTED BY THE STATE OF COLORADO; AMENDING SAID UNIFORM CODES; AMENDING ALL ORDINANCES OF THE CITY OF GRAND JUNCTION, COLORADO, IN CONFLICT OR INCONSISTENT HEREWITH; AND PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF SAID CODES.

WHEREAS, the Grand Junction City Council finds that the adoption of the codes will promote the public health, safety, morals and general welfare and the safety, protection and sanitation of dwellings, buildings, and structures within the City;

AND WHEREAS, the legal requirements relating to the adoption of the Codes referred to herein have been complied with;

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

I. ADOPTION AND AMENDMENT OF CODES

That the following codes are adopted:

A. Uniform Building Code, 1988 Edition, together with the Uniform Building Code Standards, 1988 Edition, promulgated by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California with amendments thereto, to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction, and certain equipment specifically regulated herein.

1. Only the following chapters of the Appendix of the Uniform Building Code are adopted by this resolution:

Chapter 7 - Aviation Control Towers

Chapter 11 - Agricultural Buildings

Chapter 12 - Group Care Facilities

Chapter 23 - Division I - Alternative Snow Load Design

Chapter 32 - Reroofing

Chapter 49 - Patio Covers

Chapter 53 - Energy Conservation in New Buildings

Chapter 55 - Membrane Construction

No other chapters of the appendix are adopted.

2. Section 204 of the Uniform Building Code is amended by the DELETION of Section 204. The Board of Appeals established by Part II of this Ordinance shall serve as the Board of Appeals.

3. Section 301(b) of the Uniform Building Code is amended by the addition of the following new sub-sections:

12. Re-roofing of R-3 occupancies that do not exceed the limits of Appendix 3212 (b), (c), and (d).

13. Re-siding of R-3 occupancies.

4. Section 304(a) of the Uniform Building Code is amended to read in its entirety: Fees shall be assessed in accordance with this Section;

5. This paragraph is left blank intentionally.

6. Table 3-A BUILDING PERMIT FEES IS AMENDED BY ADOPTION OF THE FOLLOWING SCHEDULE:

SCHEDULE OF FEES FOR BUILDING PERMITS AND/OR COMBINATIONS OF BUILDING, PLUMBING, MECHANICAL, ELECTRICAL, AND POOL, HOT TUB AND SPA PERMITS:

The valuation column shall be figured by multiplying the square footage of floor area of a building by the average cost per square foot figure provided by the Building Valuation Chart found in the most current "Building Standards" publication.

Fees for projects with a valuation of over $5,000,000 shall be determined by dividing the project value by 5,000,000 and multiplying the result by $3848.00.

OTHER INSPECTIONS AND FEES

1. Inspection Outside Normal Business Hours . . . $30.00 Per Hour

2. Re-Inspection Fees Assessed Under Section 305(g) . . . $30.00 Per Hour

3. Inspection for which No Fee Is Specifically Indicated . . . $30.00 Per Hour

4. Demolition . . . $15.00

5. House Moving . . . $10.00

6. Fences . . . $10.00

7. Signs

Illuminated . . . $15.00

Non-Illuminated . . . $10.00

8. Mechanical, Electrical, Plumbing, or Pool, Hot Tub and Spa Permits

Installations under $2,000 Valuation: . . . $15.00

Installations over $2,000 Valuation: . . . $14.00 per thousand or fraction thereof.

9. Mobile Homes . . . $35.00

7. Section 417 is amended to add the definition of Place of Employment. PLACE OF EMPLOYMENT: A specific area set aside or occupied by a person or persons who perform a task for another in return for financial or other compensation.

8. Section 503(d) is amended by deleting the words "self-closing."

9. Section 1202(b) is amended: by changing the words STORIES or STORY to FLOORS or FLOOR whenever it appears with this section only.

10. Section 1210(a) is amended: by deleting the second paragraph and by adding the following:

WHERE AIR HANDLING VENTS ARE INSTALLED IN HALLWAYS ADJOINING SLEEPING ROOMS, THE DETECTORS SHALL BE PLACED ON THE LIVING ROOM SIDE OF THE VENT. APARTMENT HOUSES AND HOTELS OR MOTELS BEING SERVED BY COMMON INTERIOR CORRIDOR(S) SHALL BE PROVIDED WITH SMOKE DETECTORS. DETECTORS SHALL BE PLACED NOT MORE THAN FIFTEEN (15) FEET FROM EACH END OF CORRIDOR AND NOT MORE THAN THIRTY (30) FEET APART, WITHIN THE CORRIDOR. SMOKE DETECTORS SHALL BE WIRED TO ACTIVATE BUILT-IN HORN IN ALL DETECTORS IN CORRIDORS.

11. Section 1212 is amended to read as follows:

EVERY DWELLING UNIT AND GUEST ROOM SHALL BE PROVIDED WITH HEATING FACILITIES CAPABLE OF MAINTAINING A ROOM TEMPERATURE OF 70 DEGREES F. AT A POINT 3 FEET ABOVE THE FLOOR IN ALL HABITABLE ROOMS. SUCH FACILITIES SHALL BE DESIGNED TO -10 DEGREES F. BELOW ZERO OR LESS AND 5600 DEGREE DAYS HEATING OR LESS.

12. Section 1709(b) is amended by the addition of the exception to read as follows:

(1) FOR R-3 OCCUPANCIES ONLY, THE PROPERTY LINE PARTY WALL MAY TERMINATE AT THE UNDERSIDE OF ROOF SHEATHING PROVIDED THE ROOF HAS AT LEAST ONE-HOUR FIRE-RESISTIVE TIME PERIOD FOR A WIDTH OF NOT LESS THAN FIVE FEET ON EACH SIDE OF THE WALL.

13. Section 1807 is amended by the addition of subsection (n) to read as follows:

(n) ALL BUILDING DESIGNED FOR HUMAN OCCUPANCY MORE THAN 75 FEET IN HEIGHT SHALL HAVE A HELISTOP FOR EMERGENCY RESCUE CONSTRUCTED IN ACCORDANCE WITH SECTION 2308 AND SECTION 710 OF THIS CODE.

14. Section 2407(i) 6 is amended to read as follows:

(a) GENERAL. MASONRY AND UNBURNED CLAY UNITS SHALL NOT BE USED IN ANY BUILDING MORE THAN TWO STORIES IN HEIGHT. THE UNSUPPORTED HEIGHT OF EVERY WALL OF UNBURNED CLAY UNITS SHALL NOT BE MORE THAN 10 TIMES THE THICKNESS OF SUCH WALLS. BEARING WALLS SHALL IN NO CASE BE LESS THAN 10 INCHES. ALL FOOTING WALLS WHICH SUPPORT MASONRY OF UNBURNED CLAY UNITS SHALL EXTEND TO AN ELEVATION NOT LESS THAN 6 INCHES ABOVE THE ADJACENT GROUND AT ALL POINTS.

(b) COMPRESSIVE STRENGTH. THE UNITS SHALL HAVE AN AVERAGE COMPRESSIVE STRENGTH OF 300 POUNDS PER SQUARE INCH WHEN TESTED IN ACCORDANCE WITH ASTH 067. ONE SAMPLE OUT OF FIVE MAY HAVE A COMPRESSIVE STRENGTH OF NOT LESS THAN 250 POUNDS PER SQUARE INCH.

(c) MODULUS OF RUPTURE. THE UNIT SHALL AVERAGE 50 POUNDS PER INCH IN MODULUS OF RUPTURE WHEN TESTED ACCORDING TO THE FOLLOWING PROCEDURE:

(1). A CURED UNIT SHALL BE LAID OVER (CYLINDRICAL) SUPPORTS TWO INCHES (2 IN.) IN DIAMETER, LOCATED TWO (2 IN.) FROM EACH END, AND EXTENDING ACROSS THE FULL WIDTH OF THE UNIT.

(2). A CYLINDER TWO INCHES (2 IN.) IN DIAMETER SHALL BE LAID MIDWAY BETWEEN AND PARALLEL TO THE SUPPORTS.

(3). LOAD SHALL BE APPLIED TO THE CYLINDER AT THE RATE OF 500 POUNDS PER MINUTE UNTIL RUPTURE OCCURS.

(4). THE MODULUS OF RUPTURE IS EQUAL TO (3 WL) DIVIDED BY (2 BD)

W = LOAD OF RUPTURE

L = DISTANCE BETWEEN

B = WIDTH OF BRICK

D = THICKNESS OF BRICK

(d) SOIL. THE SOIL USED SHALL CONTAIN NOT LESS THAN 25 PERCENT AND NOT MORE THAN 45 PERCENT OF MATERIAL PASSING THROUGH A NO. 200 MESH SIEVE. THE SOIL SHALL CONTAIN SUFFICIENT CLAY TO BIND THE PARTICLES TOGETHER BUT SHALL NOT CONTAIN MORE THAN 0.2 PERCENT OF WATER-SOLUBLE SALTS. MOST CLAYEY LOAMS, EXCEPT THOSE WITH A HIGH CLAY CONTENT, ARE SUITABLE, BUT IT IS NOT PRACTICABLE TO MAKE A SELECTION ON THE BASIS OF SOIL ANALYSIS ONLY. SOILS HAVING A HIGH CLAY CONTENT SHRINK OR CRACK BADLY WHEN DRYING, AND SANDY SOILS DO NOT HAVE SUFFICIENT BONDING MATERIAL TO PREVENT CRUMBLING. NEITHER OF THESE SOILS SHALL BE USED ALONE FOR BRICK, BUT A VERY GOOD BUILDING MATERIAL CAN BE MIXING THE TWO SOILS TOGETHER IN PROPORTIONS THAT WILL OVERCOME THE UNDESIRABLE QUALITIES OF EACH. THE BEST WAY TO DETERMINE THE FITNESS OF A SOIL IS TO MAKE A SAMPLE BRICK AND ALLOW IT TO CURE IN THE OPEN, PROTECTED FROM MOISTURE. IF IT DRIES WITHOUT SERIOUS WARPING OR CRACKING, IT IS ACCEPTABLE.

(e) STABILIZERS. A STABILIZING AGENT SHALL BE USED, AND SHALL BE UNIFORMLY MIXED WITH THE SOIL IN AMOUNTS SUFFICIENT TO PROVIDE THE REQUIRED RESISTANCE TO ABSORPTION OR "WATERPROOF" THE SOIL, TO CEMENT PARTICLES OF THE SOIL TOGETHER, AND TO KEEP THE SOIL FROM SHRINKING OR SWEATING. A LIST OF THE MOST COMMON STABILIZERS ARE:

1. PORTLAND CEMENT & LIME

2. ASPHALT

3. STRAW

4. FLYASH & LIME

5. SODIUM SILICATE

6. SULFITE LIQUID

7. ALIQUATE 11226

(QUARTERNARY AMINE)

8. WOOD ASH

9. RESINS

10. COCONUT OIL

11. TANNIC ACID

12. CATTLE URINE

13. COW DUNG

14. MOLASSES

15. GUN ARABIC

Note: DUE TO SO MANY TYPES OF SOIL AND NUMEROUS TYPES OF STABILIZERS, THE ONLY SURE METHOD TO DETERMINE RESULTS IS THROUGH TESTING.

(f) SAMPLING. EACH OF THE TESTS REQUIRED BY THIS SECTION SHALL BE APPLIED TO FIVE SAMPLE UNITS SELECTED AT RANDOM FROM EACH 5000 BRICKS TO BE USED.

(g) MOISTURE CONTENT. THE MOISTURE CONTENT OF THE UNIT SHALL BE NOT MORE THAN FOUR PERCENT BY WEIGHT.

(h) ABSORPTION. A DRIED FOUR-INCH (4 IN.) CUBE CUT FROM A SAMPLE UNIT SHALL ABSORB NOT MORE THAN TWO AND ONE-HALF PERCENT MOISTURE BY WEIGHT WHEN PLACED UPON A CONSTANTLY WATER SATURATED POROUS SURFACE.

(i) SHRINKAGE CRACKS. NO UNITS SHALL CONTAIN MORE THAN THREE SHRINKAGE CRACKS, AND NO SHRINKAGE CRACK SHALL EXCEED THREE (3 IN.) IN LENGTH OR ONE-EIGHTH INCH (1/8 IN.) IN WIDTH.

(j) SIZE. EACH UNIT SHALL BE NOT LESS THAN A NOMINAL SIZE OF TEN INCHES (10 IN.) BY FOURTEEN INCHES (14 IN.) BY FOUR INCHES (4 IN.). NO ADOBE SHALL BE LAID IN THE WALL SOONER THAN THREE (3) WEEKS AFTER MAKING, DEPENDING ON WEATHER CONDITIONS.

(k) FOUNDATIONS. ADOBES SHALL NOT BE USED FOR FOUNDATION OR BASEMENT WALLS. ALL ADOBE WALLS SHALL HAVE A CONTINUOUS CONCRETE FOOTING AT LEAST EIGHT INCHES (8 IN.) THICK AND NOT LESS THAN FOUR INCHES (4 IN.) WIDER ON EACH SIDE THAN THE FOUNDATION WALLS ABOVE. ALL FOUNDATION WALLS WHICH SUPPORT ADOBE UNITS SHALL EXTEND TO AN ELEVATION NOT LESS THAN SIX INCHES (6 IN.) ABOVE THE FINISH GRADE. FOUNDATION WALLS SHALL BE AT LEAST AS THICK AS THE EXTERIOR WALL AS SPECIFIED IN SECTION 2405 (1).

(l) EXTERIOR WALLS. ALL WALLS OF ADOBE SHALL HAVE A MINIMUM THICKNESS OF TEN INCHES (10 IN.) FOR ONE STORY AND FOURTEEN INCHES (14 IN.) FOR THE LOWER STORY OF TWO STORY BUILDINGS. ALL ADOBE BRICKS SHALL BE LAID UP IN ADOBE OR LIME MORTAR WITH FULL SLUSH JOINTS AND SHALL BE BONDED NOT LESS THAN FIVE INCHES (5 IN.). ALL EXTERIOR WALLS SHALL BE TOPPED WITH A CONTINUOUS TIE BEAM. AT THE TIME OF LAYING, ALL UNITS SHALL BE CLEAN AND DAMP AT THE SURFACE.

(m) WOOD LINTELS OR TIE BEAMS SHALL BE MINIMUM SIZE OF SIX INCHES (6 IN.) BY TEN INCHES (10 IN.) OVERLAPPED, OR SPLICED, AT LEAST SIX INCHES (6 IN.) AT ALL JOINTS. ALL JOINTS SHALL HAVE A WALL BEARING OF AT LEAST TWELVE INCHES (12 IN.) WOOD JOISTS, VIGAS, OR BEAMS SHALL BE SPIKED TO THE WOOD TIE BEAM WITH LARGE NAILS OR LARGE SCREWS. ALL LINTELS, WOOD OR CONCRETE, IN EXCESS OF NINE FEET (9 FT.) SHALL HAVE SPECIFIC APPROVAL OF THE BUILDING OFFICIAL.

(n) PLASTERING. ALL ADOBE SHALL HAVE ALL EXTERIOR WALLS PLASTERED WITH PORTLAND CEMENT PLASTER MINIMUM THICKNESS OF 3/4 IN. IN ACCORDANCE WITH CHAPTER 47. METAL LATH SHALL BE SECURELY NAILED TO THE ADOBE BY 16 PENNY NAILS SPACED NOT MORE THAN TWELVE INCHES (12 IN.) EACH WAY. ALL EXPOSED WOOD SURFACES IN ADOBE WALLS SHALL BE TREATED WITH AN APPROVED WOOD PRESERVATION BEFORE THE APPLICATION OF METAL LATH. NO ADOBE BRICKS SHALL BE USED FOR ISOLATED PIERS, PORCH COLUMNS, OR WALL SECTIONS OF LESS THAN 28 IN. X 10 IN. A MINIMUM TWELVE INCH (12 IN.) WALL SECTION WILL BE PERMITTED BETWEEN OPENINGS PROVIDED A CONTINUOUS LINTEL OF CONCRETE OR TIMBER BE INSTALLED SPANNING BOTH OPENINGS AND WALL SECTION.

(o) FLOORS AND ROOFS MAY BE CONSTRUCTED OF WOOD, THE SIZES AND SPANS TO BE IN ACCORDANCE WITH CHAPTER 25.

(p) ALLOWABLE FLOOR AREA SHALL NOT EXCEED THAT SPECIFIED UNDER OCCUPANCY (PART III). ADOBE CONSTRUCTION SHALL BE ALLOWED THE SAME AREA AS GIVEN IN TABLE NO. 5-C, TYPE V CONSTRUCTION COLUMN N.

(q) PARTITIONS OF WOOD SHALL BE CONSTRUCTED AS SPECIFIED IN CHAPTER 25. WOOD PARTITIONS SHALL BE NAILED TO NAILING BLOCKS THE SIZE OF AN ADOBE OR BOLTED THROUGH THE ADOBE WALL THE HEIGHT OF THE PARTITION WITH 1/2 IN. BOLTS AT 24 IN. ON CENTER WITH LARGE WASHERS OR PLATES.

(r) STOP WORK. THE BUILDING OFFICIAL MAY STOP WORK WHENEVER ADOBES HAVE NOT BEEN THOROUGHLY CURED AND SHALL GIVE PRIOR APPROVAL TO THE USE OF ANY HARDENERS, STABILIZERS OR OTHER SO-CALLED PRESERVATIVES.

15. Section 2516(f) 2.A exception is amended to read as follows:

FIRE STOPS MAY BE OMITTED AT FLOOR AND CEILING LEVELS WHEN APPROVED SMOKE-ACTUATED FIRE DAMPERS ARE INSTALLED AT THESE LEVELS, OR WHEN APPROVED SMOKE DETECTORS ARE PLACED NOT MORE THAN FIFTEEN FEET (15 FT.) FROM SIDE WALL OF ATTIC AND NOT MORE THAN THIRTY (30 FT.) BETWEEN DETECTORS. DETECTORS SHALL BE WIRED IN SUCH A MANNER AS TO ACTIVATE HORN AND ALL SMOKE DETECTORS IN THE BUILDING.

16. Table 33 A is amended by adding use #30

Agricultural building 10 500 NO

17. Section 3801 (c) is amended by the addition of the following:

(c) STORY. FOR THE PURPOSE OF REQUIREMENT OF INSTALLATION OF FIRE EXTINGUISHING SYSTEMS AND STANDPIPES, STORY IS DEFINED AS ANY HABITABLE LEVEL USED OR OCCUPIED BY HUMANS.

18. Section 3802(b) be amended by the addition of a Subsection 5 reading as follows:

5. IN ANY BUILDING FOUR STORIES OR MORE IN HEIGHT.

19. Section 3802(g): Exception 1 is amended to read as follows:

IN HOSPITALS OR TYPE I OR II FIRE-RESISTIVE AND TYPE II ONE HOUR CONSTRUCTION, THE AUTOMATIC SPRINKLER SYSTEM MAY BE OMITTED FROM OPERATING, DELIVERY, CARDIAC, X-RAY, AND INTENSIVE CARE ROOMS WHEN EACH SUCH ROOM IS PROVIDED WITH SMOKE DETECTORS CONNECTED TO A CONTINUOUSLY ATTENDED AREA AND HEIGHT SPECIFIED IN SECTION 506(C) AND 507 SHALL NOT APPLY WHEN THIS EXCEPTION IS USED.

20. Amend Table 38-A Standpipe Requirements by adding Item 6:

NON-SPRINKLERED BUILDING

STANDPIPE

B. National Electric Code, as promulgated by the National Fire Protection Association and as adopted by the State of Colorado and pursuant to Title 12 Article 23 C.R.S.

1. Applicants shall pay, for each electrical permit at the time of issuance, a fee for electrical permits and inspections determined pursuant to section I.A.6 of this Ordinance, Table 3-A of the Uniform Building Code, as amended.

C. Uniform Plumbing Code, 1988 Edition: Promulgated by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, along with the Appendices published therein and as amended herein:

1. Sections 20.3 of the Uniform Plumbing Code is amended to read in its entirety as follows:

Sec. 20.3. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Such violation shall be punished as set forth at Part V of this Resolution.

2. Section 20.7 of the Uniform Plumbing Code is amended by the REPLACEMENT of the second paragraph of the Section with the following:

Applicants shall pay, for each permit at the time of issuance, a fee for plumbing permits and inspections determined pursuant to Section I.A.6 of this Resolution, Table 3-A of the Uniform Building Code, as amended.

3. Section 20.7 of the Uniform Plumbing Code is amended by the DELETION of the "Schedule of Fees."

4. Section 20.14 of the Uniform Plumbing Code is amended by the DELETION of Section 20.14. The Board of Appeals established by Part II of this Resolution shall serve as the Board of Appeals.

5. Section 1309-prohibited locations:

NO WATER HEATER WHICH DEPENDS ON THE ON-SITE COMBUSTION OF FUEL FOR HEAT SHALL BE INSTALLED IN: ANY ROOM USED FOR SLEEPING PURPOSES; ANY BATHROOM; ANY CLOTHES CLOSET; ANY CLOSET OR OTHER CONFINED SPACE OPENING INTO ANY BATH OR BEDROOM; NOR UNDER A STAIRWAY OR LANDING.

Exception: SEALED COMBUSTION CHAMBER-TYPE WATER HEATERS MAY BE INSTALLED IN THE ABOVE LOCATIONS BUT NOT UNDER STAIRWAYS AND LANDINGS.

D. Uniform Mechanical Code, 1988 Edition including all appendices: Promulgated by the International Conference of Plumbing and Mechanical Officials, 20001 South Walnut Drive, Walnut, California: to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulation and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilation, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances and as amended herein:

1. Section 203 of the Uniform Mechanical Code is amended by the DELETION of Section 203. The Board of appeals established by Part II of this Resolution shall serve as the Board of Appeals.

2. Section 204 of the Uniform Mechanical Code is amended to read in its entirety as follows:

Sec. 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Such violation shall be punished as set forth at Part V of this Ordinance.

3. Section 304(b) of the Uniform Mechanical Code is amended by the REPLACEMENT of the Section with the following:

Applicants shall pay for each permit at the time of issuance, a fee for mechanical permits and inspections determined pursuant to Section I.A.6 of this Ordinance, Table 3-A of the Uniform Building Code, as amended.

4. Section 304 of the Uniform Mechanical Code is amended by the DELETION of the "Schedule of Fees," Table 3A.

5. Section 508 is amended to include the following sentence: NO APPLIANCE WHICH DEPENDS ON THE ON-SITE COMBUSTION OF FUEL SHALL BE INSTALLED UNDER ANY STAIRWAY OR STAIR LANDING.

TABLE 5-A IS AMENDED: To allow fireplace stoves to be installed with clearance as follows: FROM BACK 36 IN. FROM SIDE 36 IN.

Footnote: IS AMENDED TO READ "The 36 inches clearance may be reduced to 18 inches when protection equivalent to that provided by Item (a) through (g) of Table 5-B is applied to combustible construction.

E. Uniform Swimming Pool, Spa, and Hot Tub Code, 1988 Edition:

Promulgated by the International Association of Plumbing and Mechanical officials, 20001 South Walnut Drive, Walnut, California.

1. Section 1.7 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read in its entirety:

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Such violation shall be punished as set forth at Part V of this Resolution.

2. Section 1.11 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read in its entirety:

Such applicant shall pay, for each permit at the time if issuance, a fee for plumbing permits and inspections determined pursuant to Section I.A.6 of this Resolution, Table 3-A of the Uniform Building Code, as amended.

3. Section 1.18 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by the DELETION of Section 1.18. The Board of Appeals established by Part II of this Resolution shall serve as the Board of Appeals.

F. Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition: Promulgated by International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, CA 90601.

1. Section 403 of the Uniform Code for the Abatement of Dangerous buildings is amended by the deletion of paragraph 403(1)iii.

2. Section 905(a) is amended by the addition of the words "and/" between the words "owner" and the word "or". There is hereby added to section 905 a new sub-paragraph (d) which shall read as follows: "the City Council may order that both of the remedies described in (b) and (c) be pursued simultaneously.

II. BOARD OF APPEALS, APPEALS PROCEDURE

(A) A common appellate procedure and Board of Appeals to hear all appeals arising under Codes adopted herein, EXCEPT with respect to the National Electrical Code, is contained within this Part.

(B) In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this code, there shall be and is hereby created a Board of Appeals consisting of 5 members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the City. The building official shall be an ex-officio member of and shall act as secretary to said board. The Board of Appeals shall be appointed by the Grand Junction City Council 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.

(C) The Board of Appeals shall have jurisdiction to decide any appeal from the building official if the decision of the building official concerns suitability of alternate materials, methods of construction or a reasonable interpretation of the code. The Board of Appeals shall not hear appeals with regard to life safety items, administrative provisions of codes nor shall the Board of Appeals be empowered to waive requirements of the codes. The first order of business at any hearing of the Board of Appeals shall be to determine if it has jurisdiction to hear the appeal.

(D) A decision of the Board of Appeals shall be final unless an aggrieved party first filed a written appeal to the building official, who shall reply in writing within 10 days of the written appeal. The decision of the building official may be appealed to the Board of Appeals, by filing with the City Clerk, within 10 days from the date of the decision of the building official, a Notice of Appeal together with a copy of the original written appeal to the building official and a copy of the building official's decision. The Notice of Appeal must be accompanied by a fee of $100.00.

(E) The Board of Appeals shall meet within 30 days of the receipt by the City Clerk of the written appeal, hear evidence and argument if it deems appropriate, and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant.

III. SCOPE AND APPLICATION

The Codes adopted herein shall apply throughout the City of Grand Junction.

IV. ADMINISTRATION

The City Building Official is hereby authorized by the Grand Junction City Council to administer and enforce such codes as is provided in said codes and C.R.S. 30-28-205.

V. VIOLATION AND PENALTY

The penalties imposed for violation of the Codes and of the statutory sections authorizing their adoption are as follows: Any person, firm or corporation violating this Ordinance or any provision of any adopted code herein is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, ($1,000.00) or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, conversion, demolition, alteration, maintenance or use exists or continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, converted, demolished, used or maintained in violation of this part 2 or of any provision of the codes, the City Attorney, the Grand Junction City Council or any owner or occupier of real estate within one half mile, in addition to other remedies provided by law, may institute an appropriate action against the violator(s) for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, demolition, conversion, remodeling, maintenance or use, except that under no circumstances shall any person, firm, or corporation maintain an action pursuant to this provision against the City, any building official or any employee or official of the City.

PART VI MISCELLANEOUS PROVISIONS

1. Adoption of Unamended Codes. All sections of the referenced Codes not specifically amended by this Code are adopted as published in said Codes.

2. Conflicts and Permits Previously Issued. Any and all Ordinances or parts thereof in conflict herewith to the extent of such conflicts or inconsistencies are hereby amended; provided, however, this Ordinance shall not effect the construction of buildings for which Permits were issued prior to the effective date of this Ordinance and all buildings now under construction pursuant to existing Permits shall be constructed in conformance with the Building Code applicable at the time of the issuance of said Permit; provided further, however, that no construction authorized by an existing Permit shall be altered without complying with the provisions of the newly adopted Building Codes. Nor shall the adoption of this Code prevent the prosecution of violations of any prior Ordinance adopting prior Buildings Codes which occurred prior to the effective date of this Ordinance. Where this Ordinance and the Codes adopted herein by reference are in conflict with other ordinances of the City of Grand Junction, Colorado, the more restrictive provisions shall apply.

3. Copies of Code Available for Inspection

At least one (1) copy of each of the Codes hereby adopted, all certified to be true copies, are now and shall remain on file with the City Clerk of the City of Grand Junction.

4. Nonassumption, nonwaiver. The City of Grand Junction, and its officers, officials, employees and agents shall not be deemed to have assumed a duty of care where none otherwise existed by the performance of a service or an act of assistance for the benefit of any person under this Ordinance. The adoption of these Codes is not intended to and shall not give rise to any duty of care. The enforcement or failure to enforce this Ordinance or the mere fact that an inspection was conducted in the course of enforcing this Ordinance shall not give rise to a duty of care where none otherwise existed. Enactment of this Ordinance shall not constitute a waiver of sovereign immunity by the City of Grand Junction, its officials, employees and agents.

5. Invalidity in Part. If any part, section, subsection, sentence, clause or phrase of this Ordinance or of the Codes adopted herein is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of this Ordinance or of the Codes adopted herein. The Grand Junction City Council hereby declares that it would have passed this Ordinance and adopted said Codes in each part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentence clauses or phrases be declared invalid. Should any portion of this Ordinance or the Codes adopted herein be declared invalid then to the extent of such invalidity the repeal of existing City Ordinance(s) otherwise repealed by this Ordinance shall be modified to limit said repeal so as to continue the provisions of existing ordinances in effect for any portions of this Ordinance and the Codes adopted thereby which may be declared invalid or unenforceable.

Introduced this 6th day of June, 1990.

READ, PASSED, ADOPTED, APPROVED, AFTER PUBLIC HEARING, AND ORDERED PUBLISHED THIS 18TH DAY OF JULY, 1990.

THE GRAND JUNCTION CITY COUNCIL

By: William E. McCurry

____________________

President of the Council

Attest:

Neva B. Lockhart

____________________

Neva B. Lockhart, C.M.C.

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 2481, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 6th day of June, 1990, 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 19th day of July, 1990.

Neva B. Lockhart

____________________

Neva B. Lockhart, CMC

City Clerk

Published: June 8, 1990

Published: July 20, 1990

Effective: August 19, 1990