CHAPTER 18
Building Regulations
Article I
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article II Uniform Plumbing Code
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article III Uniform Mechanical Code
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article IV Uniform Fire Code
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Article V Urban Storm Drainage Criteria Manual
Sec.
Sec.
Sec.
Article VI Impact Fees
Sec.
Sec.
Sec.
Sec.
Sec.
Article VII Uniform Housing Code
Sec.
Sec.
Sec.
Sec.
Sec.
Article VIII Dangerous Buildings Code
Sec.
Sec.
Sec.
Sec.
Sec.
ARTICLE I
Sec.
This is an Article providing for the protection of the public health and safety by regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, height, area and maintenance of the buildings or structures in the Town by adopting, by reference, the 1997 edition of the Uniform Building Code and amending said Code. (Prior code 5-1.1)
Sec.
The provisions of this Article shall be known and cited as the Building Code of the Town. (Prior code 5-1.2)
Sec.
The 1997 Uniform Building Code, Volumes I, II and III, as published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, CA 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Building Code of the Town. (Prior code 5-1.3; Ord. 01-20)
Sec.
Whenever the word jurisdiction is used in the Uniform Building Code, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-1.4)
Sec.
The Uniform Building Code is hereby amended as follows:
(1) Delete the following in Volume I:
a. Chapter 13, Energy Conservation.
b. Chapter 9, Appendix, Basement Pipe Inlets.
c. Chapter 10, Appendix, Building Security.
d. Chapter 12, Division II, Appendix, Sound Transmission Control.
e. Chapter 34, Division I, Appendix, Life Safety for Existing Buildings.
f. Chapter 34, Division, Appendix, Life Safety for Existing High-Rise Buildings.
(2) Add the following in Volume I: Chapter 2, Section 217-P is amended by adding a new definition:
"Permanent Foundation - Portion of structure which accepts and transmit the load from the structure to the footing or piles."
(Prior code 5-1.5; Ord. 01-20)
Sec.
This Article shall be so interpreted and construed as to
effectuate its general purpose to make uniform the local building or structure
regulations contained herein.
Sec.
In addition to the penalty provisions contained in the Uniform Building Code, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined the sum of not more than one thousand dollars ($1,000.00) or by imprisonment for more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-1.7; Ord. 01-20)
ARTICLE II
Uniform Plumbing Code
Sec.
The provisions of this Article shall be known and cited as the Plumbing Code of the Town. (Prior code 5-2.2)
Sec.
The Uniform Plumbing Code, 1997 edition, as published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, CA 91789-2825, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Plumbing Code of the Town. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and appendices, contained therein. (Prior code 5-2.3)
Sec.
Whenever the word jurisdiction is used in the Uniform Plumbing Code, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-2.4)
Sec.
The Uniform Plumbing Code is hereby amended as follows:
(1) Delete Table 1-1, Plumbing Fees, and substitute Table 1-A of the Uniform Building Code, 1997 edition. (Prior code 5-2.5; Ord. 01-20)
Sec.
This Article shall be so interpreted and construed as to
effectuate its general purpose to make uniform the local building or structure
regulations contained herein.
Sec.
In addition to the penalty provisions contained in the Uniform Plumbing Code, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined the sum of not more than one thousand dollars ($1,000.00) or by imprisonment for more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-2.7; Ord. 01-20)
ARTICLE III
Uniform Mechanical Code
Sec.
The provisions of this Article shall be known and cited as the Mechanical Code of the Town. (Prior code 5-3.2)
Sec.
The Uniform Mechanical Code, 1997 edition, as published by the International Conference of Building Officials, 5260 South Workman Mill Road, Whittier, CA 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Mechanical Code of the Town. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and appendices, contained therein. (Prior code 5-3.3)
Sec.
Whenever the word jurisdiction is used in the Uniform Mechanical Code, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-3.4)
Sec.
The Uniform Mechanical Code is hereby amended as follows:
(1) Delete Table 1-A, Fees, and substitute Table 1-A of the Uniform Building Code, 1997 edition. (Prior code 5-3.5; Ord. 01-20)
Sec.
This Article shall be so interpreted and construed as to
effectuate its general purpose to make uniform the building or structure
regulations contained herein.
Sec.
In addition to the penalty provisions contained in the Uniform Mechanical Code, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined the sum of not more than one thousand dollars ($1,000.00) or by imprisonment for more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-3.7; Ord. 01-20)
ARTICLE IV
Uniform Fire Code
Sec.
There is hereby adopted by the Town for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the 1997 Uniform Fire Code, Appendices and the Uniform Fire Code Standards, as published by the International Fire Code Institute ("Uniform Fire Code"), and such amendments, changes and deletions as hereinafter set forth. One (1) copy of which Code and Standards has been and is now filed in the office of the Town Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified herein shall take effect, the provision thereof shall be controlling within the limits of the Town. (Prior code 5-4.1)
Sec.
(a) The Uniform Fire Code shall be enforced by the bureau of fire prevention of the Elizabeth Fire Protection District which is hereby established and which shall be operated under the supervision of the District’s Fire Chief.
(b) The Fire Chief in charge of the bureau of fire prevention shall be appointed by and hold such position at the will of the Board of Directors of the District.
(c) The Fire Chief shall recommend to the District Board of Directors the appointment of technical inspectors as deemed necessary for premises and construction inspections and plan review. (Prior code 5-4.2)
Sec.
(a) Wherever the word jurisdiction is used in the Uniform Fire Code it shall refer to the corporate boundaries of the Town, as the same may be amended from time to time by annexations or disconnections.
(b) Wherever the words chief of the bureau of fire preventions are used in the Uniform Fire Code, they shall be held to mean the Fire Chief appointed by the District’s Board of Directors.
(c) Wherever the word Administrator is used in the Uniform Fire Code, it shall be held to mean the Board of Directors of the Fire Protection District.
(d) Wherever the word Board is used in amendments to the Uniform Fire Code, it shall be held to mean the Board of Directors of the Fire Protections District.
(e) Wherever the word District is used in amendments to the Uniform Fire Code, it shall be held to mean the Elizabeth Fire Protection District.
(f) Wherever the words new construction are used in amendments to the Uniform Fire Code, it shall be held to mean any new permanent building, addition or temporary structure. New construction is also considered a change of use or any remodeling that exceeds fifty percent (50%) of the currently assessed County property valuation or any remodeling that encompasses more than fifty percent (50%) of the existing building floor area or any addition which adds more than twenty-five percent (25%) of additional useable floor area to the existing building. (Prior code 5-4.3)
Sec.
The 1997 Uniform Fire Code is amended and changed in the following respects:
(1) Section 103.1.4 is amended to read:
"To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, there is hereby created a board of appeals consisting of the Board and such additional persons as the Board deems necessary who are qualified by experience and training to pass upon pertinent matters. (Balance of section to remain unchanged.)"
(2) Article 78, Fire Works and Pyrotechnic Special Effects Materials, is superseded to the extent of any inconsistency by the provisions of Section 12-28-101 through 12-28-113, C.R.S., and rules and regulations promulgated thereunder.
(3) Subsection 903.3 is amended with the addition of the following sentence at the end of Subsection 903.3, and the addition of the following three paragraphs:
"If the fire flow requirements of Appendix III-A cannot
be met in new nonresidential buildings with a floor area exceeding 3,600 square
feet or new residential buildings with
a floor area exceeding 4,000 square feet or any new constructions by use of a
central water system otherwise meeting the requirements of Article 9, the
required fire protection water supply can be met by providing one of the
following:
"1. The structure shall be equipped with an automatic sprinkler system which provides fire protection to the entire building; or
"2. On-site water storage suitable for and dedicated to firefighting, and with a capacity of not less than 30,000 gallons of water; or
"3. An automatic fire alarm system installed throughout the building and which conforms to the standards set forth in the Code and as approved by the Chief or his designee, and reduced on-site water storage capacity, the size of which shall be determined by the Chief or his designee, based upon a review of the building plans and alarm system."
(Prior code 5-4.4, 5-4.6)
Sec.
All fire apparatus access roads required by the Code must
provide all weather access consisting of asphalt or concrete paving, or be
designed and built to all weather standards to support the District’s
firefighting apparatus, as certified by a registered
Sec.
In addition to the penalty provisions contained in the Uniform Fire Code, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined the sum of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-4.7; Ord. 01-20)
ARTICLE V
Urban Storm Drainage Criteria Manual
Sec.
This Article is authorized by Section 31-16-202, C.R.S., and declared to be in accordance with the provisions thereof. (Prior code 5-5.1)
Sec.
This Article is adopted to promote the health, safety, convenience, order, prosperity and general welfare of the present and future inhabitants of the Town, by providing a code for safety to life from storm drainage and flood. (Prior code 5-5.2)
Sec.
This Article hereby adopts the 1969 Urban Storm Drainage Criteria Manual Volumes 1 and 2 with revisions in whole and in its entirety. This manual was prepared by Wright-McLaughlin Engineers and published for the Urban Drainage and Flood Control District. (Prior code 5-5.3)
ARTICLE VI
Impact Fees
Sec.
The Town is experiencing growth which increases the cost to the Town of providing facilities and services necessitated by the growth. It has been determined by the Board of Trustees that a fee upon the new construction in the newly annexed areas which are causing said increased costs is a proper method of paying for the costs. (Prior code 5-6.1)
Sec.
For purposes of this Article the following words shall be defined as stated below:
Building means any structure without reference to use or occupancy for which a building permit is required and a certificate of occupancy mandated by the ordinances and codes of the Town.
Building Official means the person or persons charged with the administration and enforcement of building, electrical, mechanical, plumbing and other codes as they are adopted by the Town, or such other person as the Town may authorize and designate to enforce such codes.
Building permit means that permit which is required prior to the commencement of any constructions, including but not limited to dirt work, grading, digging, cement work, framing or finishing.
Floor area means the area included within the surrounding exterior walls of a building or a portion of a building, measured from the inside of all exterior walls, excluding parking garages, hallways and public stairways. (Prior code 5-6.5)
Sec.
Any person applying for a building permit in accordance with the applicable ordinances of the Town for land which was annexed to the Town on or after November 1, 1984, shall as a condition of obtaining such building permit, pay the Town an impact fee in the amount of fifty cents ($.50) per square foot of floor area, as herein defined, as the same may be determined from the plans and specifications submitted to the Building Official as part of the application for the building permit. This fee shall only apply to new construction and shall not apply to buildings which are merely being added onto or remodeled. Under no circumstances shall the Building Official issue a building permit until and unless the impact fee, as calculated above, has been paid in full. (Prior code 5-6.2)
Sec.
The impact fee shall be used to help defray expenses to the Town which are caused by the influx of people and businesses to the Town. All money shall be deposited into the general fund of the Town. (Prior code 5-6.3)
Sec.
The impact fee shall be due and payable on any structure
for which a building permit is obtained on or after
ARTICLE VII
Uniform Housing Code
Sec.
The provisions of this Article shall be known and cited as the Uniform Housing Code of the Town. (Prior code 5-7.2)
Sec.
The Uniform Housing Code, 1997 edition, as published by the International Conference of Building Officials, 5260 South Workman Mill Road, Whittier, CA 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Housing Code of the Town. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and appendices, contained therein. (Prior code 5-7.3)
Sec.
Whenever the word jurisdiction is used in the Uniform Housing Code, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-7.4)
Sec.
The 1997 Uniform Housing Code is amended and changed in the following respects: none. (Prior code 5-7.5; Ord. 01-20)
Sec.
In addition to the penalty provisions contained in the Uniform Housing Code, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined the sum of not more than one thousand dollars ($1,000.00) or by imprisonment for more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-7.7; Ord. 01-20)
ARTICLE VIII
Dangerous Buildings Code
Sec.
The provisions of this Article shall be known and cited as the Dangerous Buildings Code of the Town. (Prior code 5-8.2; Ord. 01-20)
Sec.
The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as published by the International Conference of Building Officials, 5260 South Workman Mill Road, Whittier, CA 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the Dangerous Buildings Code of the Town of Elizabeth. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and Appendixes, contained therein. (Prior code 5-8.3)
Sec.
Whenever the word jurisdiction is used in the Uniform Code for the Abatement of Dangerous Buildings, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-8.4)
Sec.
The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended and changed in the following respects: none. (Prior code 5-8.5; Ord. 01-20)
Sec.
In addition to the penalty provisions contained in the Uniform Code for the Abatement of Dangerous Buildings, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined the sum of not more than one thousand dollars ($1,000.00) or by imprisonment for more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-8.7; Ord. 01-20)