HomeMy Public PortalAboutOrdinance 418 Amending Ch. 18 Art. 1 Adopting The 2009 International Building Code for Residental Sprinklers for Mixed use Construction TOWN OF FRASER
ORDINANCE NO. 418
SERIES OF 2014
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 1, OF THE FRASER MUNICIPAL
CODE BY ADOPTING BY REFERENCE THE INTERNATIONAL EXISTING BUILDING CODE,
2009 EDITION AND AMENDING RESIDENTIAL SPRINKLER REQUIREMENTS FOR MIXED
USE STRUCTURES
WHEREAS, The Town of Fraser Comprehensive Plan has identified a need for
improving the economic viability of the downtown business district; and
WHEREAS, complying with current building code requirements for existing structures
could require extensive changes that go well beyond the value of the building or the original
scope of work; and
WHEREAS, adoption of the International Existing Building Code will provide an
additional design option for existing buildings where a change of occupancy/alteration creates
dwelling units; and
WHEREAS, amending automatic sprinkler system requirements for existing mixed use
structures containing no more than two dwelling units is consistent with current automatic
sprinkler system requirements for one and two family dwellings; and
WHEREAS, to safeguard the public health, safety, and general welfare from fire and
other hazards attributed to the built environment and to provide safety to fire fighters and
emergency responders during emergency operations, the lack of automatic sprinkler system
protection has been offset by occupancy separations and fire alarm systems required
throughout the building.
NOW THERFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, that:
PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 18, Article 1 of the Fraser Municipal
Code, Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code") is
hereby amended as follows:
Section 1: Fraser Municipal Code, Section 18-1-10 Adoption, subsection (a), is amended
with the adoption by reference of the following additional code:
(8) International Existing Building Code, 2009 Edition, published by the International
Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington DC, 20001
(headquarters)
Section 2: Fraser Municipal Code, Section 8-1-30 Amendments, is amended by adding a
new sub-section (g)to read as follows:
(g) The following sections of the International Existing Building Code, adopted by
reference in section 18-1-10 of this chapter, are hereby amended as follows:
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Existing Building Code of the Town
of Fraser, hereinafter referred to as `this Code.'
Section 103.2 is amended to read as follows:
103.2 Building Official. The building official is hereby authorized and directed to
enforce all the provisions of this Code; however, a guarantee that all buildings and
structures have been constructed in accordance with all provisions of this code is neither
intended nor implied.
Section 103.3 is amended to read as follows:
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction, the
building official shall have the authority to appoint a deputy building official, the related
technical officers, inspectors, plan examiners and other employees. Such employees
shall have the powers as delegated by the building official.
Section 104.1 is amended to read as follows:
104.1 General. The building official is hereby authorized and directed to enforce all of
the provisions of this Code; however, a guarantee that all buildings and structures have
been constructed in accordance with all the provisions of this Code is neither intended
nor implied. The building official shall have the authority to render interpretations of this
Code and to adopt policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies, and procedures shall be in compliance with the
intent and purpose of this Code. Such policies and procedures shall not have the effect
of waiving requirements specifically provided for in this Code.
Section 104.8 is amended to read as follows:
104.8 Liability. The adoption of this Code, and any previous building codes adopted by
the Town of Fraser, shall not be deemed to give rise to a duty of care on the part of any
public entity, public employee or agent, nor shall this Code or any previous building
codes be deemed to create any civil remedy against a public entity, public employee or
agent. The building official, member of board of appeals or employee charged with
acting for the Town of Fraser in good faith and without malice in the discharge of the
duties required by this Code or other pertinent law or ordinance, shall not thereby be
rendered liable personally and is hereby relieved from personal liability for any damages
accruing to persons or property as a result of any act or by reason of an act or omission
in the discharge of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful discharge of duties
under the provisions of this Code shall be defended by a legal representative of the
Town of Fraser until the final termination of the proceedings. The building official or any
subordinate shall not be liable for cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of this Code.
Sections 105.1.1 Annual permit and 105.1.2 Annual permit records are repealed in
their entirety.
Section 105.5 is amended to read as follows:
105.5 Expiration. Every permit issued by the building official under the provision of this
Code shall expire 24 months after the date of issue. Every permit issued shall become
invalid unless the work on the site authorized by such permit is commenced within 180
days after its issuance, or if the work authorized on the site by such permit is suspended
or abandoned for a period of 180 days after the time the work is commenced. The
building official is authorized to grant, in writing, one or more extensions of time for
periods not more than 180 days. The extension shall be requested in writing and
justifiable cause demonstrated.
Section 106.3.3 is amended to read as follows:
106.3.3 Phased approval. The building official shall not issue a permit until the
construction documents for the whole building or structure have been submitted and
approved.
Section 106.3.4 Deferred submittals is repealed in its entirety.
Section 107.3 Temporary power is repealed in its entirety.
Section 108.2 is amended to read as follows:
108.2 Schedule of permit fees. On buildings, structures, gas, mechanical, and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as
required in accordance with Appendices B and C of the Fraser Municipal Code.
Section 108.5 is amended by adding a new subsection to read as follows:
108.5.1 Use tax requirements. See Section 4-3-20 of the Fraser Town Code.
Section 108 Fees is amended by adding a new subsection to read as follows:
108.7 Reinspection Fees. A reinspection fee, amount per Appendix B of the Fraser
Municipal Code, may be assessed for each inspection or reinspection when such work
for which inspection is called is not complete or when corrections called for are not
made. Reinspection fees may be assessed when the inspection record card is not
posted or otherwise available on the work site, the approved plans are not readily
available to the inspector, for failing to provide access on the date for which the
inspection is requested, or deviating from the approved plans. In instances where
reinspection fees have been assessed, no additional inspection of the work will be
performed until the reinspection fees have been received by the building department.
Section 109.5 is amended to read as follows:
109.5 Inspection requests. It shall be the duty of the person doing the work, the owner,
contractor, or subcontractor to know that the building or structure has a valid building
permit and to notify the building department when work is ready for inspection. It shall be
the duty of the person who requests an inspection to provide access to and means for
any inspections of such work that are required by this Code.
Section 1301.2 is amended to read as follows:
[B] 1301.2 Applicability. Structures existing prior to May 12, 1975 in which there is
work involving additions, alterations or changes of occupancy shall be made to conform
to the requirements of this chapter or the provisions of Chapter 4 through 12. The
provisions of Sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies
that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These
provisions shall not apply to buildings with occupancies in Group H or I.
Section 3: Fraser Municipal Code, Section 8-1-30, Sub-section (a), International Building
Code amendments, is amended by adding the following:
Section 903.2.8 is amended by adding an exception to read as follows:
[F] 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section
903.3 shall be provided throughout all buildings with a Group R fire area.
Exception: An automatic sprinkler system is not required in existing non-sprinkled
buildings, two stories or less, where a change of occupancy/alteration creates no more
than two dwelling units, provided that a manual and automatic fire alarm system is
installed in accordance with NFPA 72 throughout the building and the residential
occupancies are separated from other occupancies per section 508.4
Section 4: Fraser Municipal Code, Section 8-1-30, Sub-section (f), International Fire Code
amendments, is amended by adding the following:
Section 903.2.8 is amended by adding an exception to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section
903.3 shall be provided throughout all buildings with a Group R fire area.
Exception: An automatic sprinkler system is not required in existing non-sprinkled
buildings, two stories or less, where a change of occupancy/alteration creates no more
than two dwelling units, provided that a manual and automatic fire alarm system is
installed in accordance with NFPA 72 throughout the building and the residential
occupancies are separated from other occupancies per section 508.4 of the International
Building Code.
PART 2: PENALTY CLAUSES. The following section of the Fraser Municipal Code contains
penalty clauses applicable to violations of the above provisions, and such section, although not
amended, is herewith set forth in full:
Sec. 18-1-40. Penalties and enforcement.
(a) Every person convicted of a violation of any provision of this Article or the
codes adopted herein shall be punished as set forth in Section 1-4-10 of this Code.
(b) In the event of any violation or threatened violation of this Article or the codes
adopted herein, the Board of Trustees may, in addition to other remedies provided by
law, institute an appropriate action for injunction, mandamus or abatement to prevent,
enjoin, abate or remove such violation or threatened violation.
PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of
Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all
ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby
repealed; provided, however, that such repeal shall not affect or prevent the prosecution or
punishment of any person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser
hereby declares that it would have adopted this Ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases thereof be declared invalid or unconstitutional.
PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30)days after passage,
adoption and publication thereof as provided by law.
PART 6: PUBLICATION. This Ordinance shall be published by title only
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 26th DAY of MARCH, 2014.
Votes in favor: C9 BOARD TRUSTE F THE
Votes opposed:--U TOW OF RASO O
Votes abstained:
BY:
_ Pegg ayor
�. ATTEST;
( SEAL ) m 4
-n 174
Lu Berger, Town ClerkT
Published in the Middle Park Times on April 3, 2014.