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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.