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HomeMy WebLinkAboutR09-120 Modifications to Land Use Regs Chapter II and III of Building ResolutionCommissioner moved adoption of th following esolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2009- APPROVAL OF THE MODIFICATIONS TO THE EAGLE COUNTY LAND USE REGULATIONS CHAPTER II AND CHAPTER III OF THE BUILDING RESOLUTION FILE NO. LUR-2500 WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 30-28-101, et seg., to plan for and regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, pursuant to such authority, the Board has adopted zoning, subdivision, and building regulations, which regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "E.C.L.U.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-133, and Section 5-230 of the E.C.L.U.R., provide for the adoption and amendment of subdivision regulations by the Board; and WHEREAS, on or about October, 02, 2009 the Eagle County Department of Community Development initiated proposed amendments to Chapter II and Chapter III of the E.C.L.U.R., in order to incorporate language pertaining to updating Chapter II and Chapter III of the E.C.L.U.R. and the Eagle County Building Resolution. Such proposed amendments were referred to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on November 4, 2009 and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on November 5, 2009 and certified their comments and recommendations with respect thereto to the Board; and 1 WHEREAS, after public notice was given pursuant to law, the Board held public hearings to consider comments on such proposed amendments on November 17, 2009 in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado, and WHEREAS, based on the evidence, testimony and exhibits for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission and comments from all interested parties, the Board hereby determines that the proposed amendments to Chapter II and Chapter III of the E.C.L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the inhabitants of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the proposed amendments have been referred to the appropriate municipalities and agencies for their advisory opinions; the appropriate hearings have been conducted after proper notice; and there has been compliance with all applicable standards for amendment contained within the E.C.L.U.R. THAT, Chapter II and Chapter III of the E.C.L.U.R. are hereby amended, effective Januaj•y 1, 2010 to read as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, this amendment of Chapter II and Chapter III of the E.C.L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the E.C.L.U.R. shall remain in full force and effect and hereby are ratified and confirmed in all respects as of the date hereof. 2 THAT, this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the December 8, 2009. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY County Commissioners ATTEST: Y~ COMMISSIONERS Sara J. Fisher, Chairman l/ -- Peter FRunyon, Commi~'rener ~~. Commissioner seconded adoption having been called, the ote was as follows: Commissioner Peter F. Runyon Commissioner Sara J. Fisher Commissioner Jon Stavney foregoing Resolution. The roll This Resolution passed by ~/ ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 Clerk to the Board of EAGLE COUNTY BUILDING RESOLUTION Adopted October 8, 1985 Amended December 30, 1985 Amended March 11, 1986 Amended February 14, 1989 Amended June 23, 1992 Amended January 4, 1994 Amended December 10, 1996 Amended January 1, 1997 Amended January 11, 1999 Amended March 13, 2000 Amended March 12, 2002 Amended December 17, 2002 Amended January 1, 2004 Amended January 4, 2005 Amended March 28, 2006 Amended August 29, 2006 Amended May 1, 2007 Amended January 1, 2009 Amended January 1, 2010 Chapter III: Building Resolution: January 1, 2010 Page 1 Chapter III -Eagle County Building Resolution TABLE OF CONTENTS PAGE 3.01 TITLE 4 3.02 APPLICATION 4 3.03 PERMIT REQUIREMENTS/REFERENCES 4 3.04 DEFINITIONS 5 3.05 2009 INTERNATIONAL BUILDING CODE AMENDMENTS 9 3.06 2009 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS 13 3.07 2009 INTERNATIONAL PLUMBING CODE AMENDMENTS 17 3.075 2009 INTERNATIONAL FUEL GAS CODE AMENDMENTS 19 3.08 2009 INTERNATIONAL MECHANICAL CODE AMENDMENTS 21 3.09 NATIONAL ELECTRICAL CODE AMENDMENTS 22 3.10 2009 INTERNATIONAL FIRE CODE AMENDMENTS 24 3.105 2009 INTERNATIONAL ENERGY CONSERVATION CODE 25 3.11 NFPA 13D AMENDMENTS 25 3.12 GENERAL BUILDING PERMIT RESTRICTIONS 26 3.13 PERMIT AND FEES 32 3.14 DOCUMENTS ON THE SITE 33 3.15 APPEALS 33 3.16 PENALTY 35 3.17 WAIVER 35 3.18 REPEAL 35 3.19 SEVERABILITY 35 Chapter III: Building Resolution: January 1, 2010 Page 2 3.20 EFFECTIVE DATE 36 INDEX OF TABLES PAGE Table #1 Project Classifications and Permit Requirements 37 Table #2 Building Permit Fees 39 Table #3 Wildfire Fees 40 Table #4 Fire Sprinkler Systems and Fire Alarm Systems Fees 40 Table #5 Factory Built, Manufactured Housing/Mobile Home Fees 40 Table #6 Mechanical Permit Fees 41 Table #7 Plumbing Permit Fees 41 Table #8 Electrical Permit Fees 42 Table #9 Grading Permit Fees 42 Table #10 Factory Built Chimney Enclosure 44 Table #11 Address Sign Requirements 45 Chapter III: Building Resolution: January 1, 2010 Page 3 3.01 TITLE This Resolution may be cited for all purposes as the Building Resolution of the County of Eagle, Colorado, 2009, as amended and adopted per Section 3.20 of this Resolution. The Board determines and finds that this Resolution is necessary for the health, safety and welfare of the persons of Eagle County. Eagle County encompasses mountain terrain located at moderate to high altitudes and subject to extreme weather conditions. The application and interpretation of the International Building Code requirements are subject to, but not limited to, the consideration of such factors. Fees in the previous adoption are no longer in effect. The main fee schedule is in the current adopted individual codes and amended in the individual sections of the building resolution. 3.02 APPLICATION 3.02.01 The 2009 edition of the International Building Code (IBC), including the generic fire resistive assemblies listed in the Fire Resistance Design Manual published by the Gypsum Association as referenced in the specified International Building Code, by reference, Appendix Chapters C Agricultural Buildings; E Supplementary Accessibility Requirements; and I Patio Covers; Appendix Chapter J Grading. The 2009 edition of the International Fire Code. The 2009 edition of the International Residential Code (IRC) including Appendix G. The 2009 edition of the International Plumbing Code, including current amendments adopted by the State of Colorado, including Appendix B, Appendix C, Appendix D, Appendix E, Appendix F and Appendix G. The 2009 edition of the International Mechanical Code. The 2009 edition of the International Fuel Gas Code. The edition of the National Electrical Code currently adopted by the State of Colorado. 3.03 PERMIT REQUIREMENTS/REFERENCES 3.03.01 Table 1 entitled "Eagle County Permit Requirements" as set forth in the tables included in the text hereof is hereby incorporated herein by this reference. Table 1 sets forth the projects which may require permit(s), if any, and identifies the specific type of permit(s) required and the site inclusion requirements. Additional permits not identified in Table may also be required. 3.03.02 It shall be the duty of the person and/or entity of a proposed project which is not specifically set forth in Table I to contact the Building Official of the Department of Community Development, County of Eagle, Colorado, for a determination of the type of permit(s) required, if any, and the site inclusion requirements. Chapter III: Building Resolution: January 1, 2010 Page 4 3.03.03 Proof of Water: Proof of adequate, potable water supply is required with building permit application for all new habitable construction containing plumbing fixtures. By descending order of preference, building permit applicants shall verify a legal source of potable water as follows: a) A written commitment to serve from a public or private water service provider, or a copy of receipt for payment of public water tap specific to the lot, parcel or tract of land that is the subject of the building permit application; b) A copy of a current valid well permit issued by the Colorado State Division of Water Resources specific to the lot, parcel or tract of land that is the subject of the building permit application; c) If the parcel or tract of land that is the subject of the building permit application is legally and properly subdivided except that a public water supply system is not available or that the individual well water source is not viably potable then, an alternative water supply system such as holding tanks or cisterns may be utilized upon approval of the Director of the Eagle County Department of Environmental Health. 3.04 DEFINITIONS 3.04.01 COUNTY shall mean the area of Eagle County outside of incorporated Towns, hereinabove referred to as the "regulated area". 3.04.02 FACTORY-BUILT HOUSING UNIT shall mean any structure or component thereof, designed primarily for residential occupancy, either permanent or temporary, which is wholly or in substantial part made, fabricated, formed or assembled in a manufacturing facility intended for assembly and installation, on a permanent foundation at a building site and which carries a Colorado Division of Housing "Factory-Built Unit Certification". 3.04.03 HEALTH OFFICER shall mean the Eagle County Health Officer as appointed by the Eagle County Board of Health. For the purpose of administering the Individual Sewage Disposal System Regulations (Chapter IV Eagle County Land Use Regulations), the Environmental Health Officer has been designated as his duly authorized representative. 3.04.04 LOT shall mean any legal parcel of land created in compliance with the Eagle County Land Use Regulations on record in the office of the Eagle County Clerk and Recorder. 3.04.05 MANUFACTURED HOUSING (MOBILE HOME) shall mean afactory-assembled structure or structures equipped with the necessary service connections and made so as to be readily moveable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit(s) without permanent foundation. ANSI Al 19-1:(1). (1) The phrase "without a permanent foundation" indicates that the Chapter III: Building Resolution: January 1, 2010 Page 5 support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. [American National Standards Institute (ANSI) Article Al 19.1: Standard for Mobile Homes, National Fire Protection Association (NFPA Edition No. SOIA, 1990) Section 1-2.] 3.04.06 ROAD OR STREET shall mean a way or right-of-way reserved for (other than an alley, which also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for drainage or utility access to adjacent properties, and may include the terms: avenue, drive, highway, lane, place, road or other similar designation. 3.04.08 SITE shall mean any parcel or area of land having an area sufficient to satisfy the provisions of the Eagle County Land Use Regulations. 3.04.09 TEMPORARY CERTIFICATE OF OCCUPANCY for Residential Dwellings covered by the International Residential Code shall mean a Temporary Certificate of Occupancy that may be issued when, but not limited to, the following components of a project are complete and approved by the Eagle County Building Official. 1. Kitchen operative. 2. One bathroom operative as per the approved plans. 3. All smoke alarms installed and passed final inspection per Eagle County Building Resolution IRC Chapter 3. 4. The following items are complete: a) Address Numbers. b) Handrails at stairways. c) Guards. d) Decks/landings. e) Separation between the garage and house complete, with an approved door per IRC. f) Exterior wall covering and roofing. 5. Heat source for dwelling is operable. 6. Final Electrical, Fire Alarms, Fire Sprinklers, Wildfire final or ECO build final if required, ISDS (Septic) if required, Mechanical and Plumbing approvals. 7. Culvert under the driveway installed per Eagle County specifications (located on the approved drawing). 8. Positive drainage provided away from the structure at all locations. 9. Sufficient roadway access for emergency vehicles shall be provided. Chapter III: Building Resolution: January 1, 2010 Page 6 10. The permit and owner/buyer/occupant shall enter a Temporary Certificate of Occupancy agreement wherein the corrections required for a Certificate of Occupancy as stated by the Building Official shall be completed within 30 days from the date the Temporary Certificate of Occupancy is issued. The Temporary Certificate of Occupancy shall be posted in a conspicuous place on the premises until final approval for occupancy is complete. 3.04.10 TEMPORARY CERTIFICATE OF OCCUPANCY for Commercial or Multi-Family buildings covered by the IBC shall mean a Temporary Certificate of Occupancy that may be issued when, but not limited to, the following components of a project are complete and approved by the Eagle County Building Official. 1. The following items are complete: a) Address Numbers. b) Handrails at stairways/ramps. c) Guards. d) Landings. e) Fire resistive separations. f) Exit signs/lighting. g) Exterior wall covering and roofing. h) Bathrooms. 2. Heat source is operable. 3. Final Electrical, Fire Alarms, Fire Sprinklers (if required), ISDS (Septic) if required, Plumbing, and Mechanical approvals and Wildfire or ECO build if required. 4. Fire department review and approval of project. 5. All site improvements/parking and access roads complete. 6. Site drainage complete as per grading plans. 7. All accessible parking, signage, walkways, ramps and other items installed. 8. Where the landscaping, re-vegetation, drainage or culvert installation, required under Eagle County Land Use Regulations for the purposes of preventing land erosion, improper drainage, damage to properties and unsightliness in residential zones containing multifamily dwellings and in all portions of lots in CL, CG, I, and PUD Zone Districts, is not complete, or where Public Improvements are required under Eagle County Land Use Regulations, a Temporary Certificate of Occupancy may be issued upon submittal and approval of a properly executed Construction Improvement Agreement. If the improvements required for issuance of a final Certificate of Occupancy have not been completed within one year of the date of issuance of the Temporary Certificate of Occupancy, the County may arrange such completion using the collateral. Should compliance be attained any time prior to the Chapter III: Building Resolution: January 1, 2010 Page 7 expiration of one year, the collateral will be returned to the applicant upon issuance of the Final Certificate of Occupancy. 9. Sufficient roadway access for emergency vehicles. Required improvements collateralized under a subdivision improvements agreement to which the County is a party may not be required to be further collateralized under this sub-section. The Temporary Certificate of Occupancy for Commercial or Multi-Family Dwellings shall have a time period of up to, but not more than, one year from date of issuance, where a project does not have a Construction Improvement Agreement. The Temporary Certificate shall be posted in a conspicuous place on the premises until final approval for occupancy is complete. 3.04.11 WORK shall mean the construction, demolition, alteration, repair, moving or change in the class of occupancy of any building, equipment or structure, and shall include the installation, construction, alteration or repair of any private or subsurface sewage- disposal system, and the placement and use of a mobile home as a living unit elsewhere than in an approved mobile-home park as defined in the Eagle County Land Use Regulations. Chapter III: Building Resolution: January 1, 2010 Page 8 INTERNATIONAL BUILDING CODE (IBC) AMENDMENTS 3.05 THE INTERNATIONAL BUILDING CODE, 2009 EDITION, IS SPECIFICALLY AMENDED AS FOLLOWS: A. Section 101.4 Referenced Codes: Section 101.4 Referenced Codes is amended as follows: The other codes listed in 101.4.1 through 101.4.6 and referenced elsewhere in this code shall not be considered part of this code, unless specifically adopted. B. Section 102.4 Referenced Codes and Standards: Section 102.4 Referenced Codes and Standards are amended by adding the following: Reference to other codes such as Plumbing, Mechanical, Fuel Gas, NFPA13, NFPAI3R, International Energy Conservation and Electrical shall refer only to the currently adopted code of that type. C. Section 105.1.1 Annual Permit: Section 105.1.1 Annual Permit: Delete section. D. Section 105.2 Work Exempt from Permit: Section 105.2 Work Exempt from permit is amended by adding the following: Item 6: Platforms, sidewalks and driveways not more than 30 inches above grade and not over any basement or storage below and which is not part of an accessible route. Amend item 11 to read: Swings and other playground equipment. Add Item 14: Private use agricultural buildings as defined in Section 202 placed on a lot over 2 acres in size. E. Section 109.2 Schedule of Permit Fees. Section 109.2 Schedule of permit fees is amended as follows: The fee for each permit shall be as set forth in Table 2 of the Eagle County Building Resolution. The fee for each permit will be paid at time of submittal. F. Section 109.2.1 Plan Review Fee. Add Section 109.2.1 Plan Review fee: When submittal documents are required by Section 107.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 2 of the Eagle County Building Resolutions. The plan review fees specified in this section are separate fees from the permit fees specified in Section 109.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.3.4.2 an additional plan review fee shall be charged at the rate shown in Table 2 G. Section 109.3 Building Permit Valuations. Section 109.3 Building Permit Valuation is amended as follows: The valuation for building permits in Eagle County shall be based on the most recent cost figures per square foot as shown in International Building Code Valuation Table published by International Code Council. The Eagle County Modifier is 1.4. The latest Valuation Table may be found at "iccsafe.org" or at the Eagle County Community Development Office. All valuations will be considered as good construction or the valuation provided by the applicant, whichever yields the higher. Chapter III: Building Resolution: January 1, 2010 Page 9 H. Section 109.4 Work Commencing before Permit Issuance. Section 109.4 Work Commencing before Permit Issuance is amended to read as follows: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum fee set forth in Table 2 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. I. Section 109.6 Fee Refunds. Section 109.6: Fee refund is amended by adding the following: The Building Official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80°Io of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The Building Official shall not authorize the refunding of any fee paid, except upon written request filed by the original applicant not later than 180 days after the date of fee payment. J. Section 111.2 Certificate Issued. Section 111.2 Certificate issued shall be amended to read: Final Certificate of Occupancy Inspection approval shall be the Certificate of Occupancy K. Section 113 Board of Appeals. Section 113 Board of Appeals shall be deleted and 315 of the Building Resolution shall apply. L. Section 419.2 Occupancies. Section 419.2 Occupancies add following sentence, F and I occupancies shall not be permitted in a live/work unit. M. Section 708.2.1 Shaft Enclosure Required. Add Section 708.2.1 Chimney chase enclosures of A-vented fireplaces and solid-fuel (pellet, wood) burning stoves (B-vented appliances excluded) shall be enclosed with materials for one-hour fire-resistive construction on the interior side of the chase. Requirements for enclosure of chimneys shall be as set forth in Table 10 of this text. N. Section 903.2.10 Group S-2 enclosed parking garages. Section 903.2.10 Group S-2 enclosed parking garages: Amend to delete the exception. O. Section 1029 Emergency Escapes and Rescue. Section 1029 Emergency Escapes and Rescue: Amend to delete Exception 1. P. Section 1608.2 Ground Snow Loads. Section 1608.2 Ground Snow Loads is hereby deleted and replaced with the following: Snow loads for roofs and decks shall be determined by the March 1971 and reprinted May 1990 edition of the "Snow Load Design Data for Colorado" prepared by the Structural Engineers Association of Colorado. Mobile homes built with a snow load design less than that specified by the March 1971 and reprinted May 1990 edition of the "Snow Load Design Data for Colorado" prepared by the Structural Engineers Association of Colorado may be installed provided the Chapter III: Building Resolution: January 1, 2010 Page 10 owner agrees in writing to maintain the snow accumulation on the mobile home so as not to exceed the designed maximum snow load of the mobile home. Q. Section 1809.5 Frost Protection. Section 1809.5 Frost Protection is amended by deleting Section 180.5 entirely and replacing with the following: Foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by the following method; Footings subject to frost shall have a minimum depth of 48" measured from finish grade to the bottom of the footing or the depth specified by the soils engineer of record. R. Section 1809.12 Timber Footings. Section 1809.12 Timber Footings: Delete Section. S. Section 2101.1 Scope. Section 2101.1 Scope is amended by adding the following sentence: No building or mechanical permits will be issued for the installation of a wood burning device unless the device is a new technology device as defined in Eagle County Land Use Regulations or is otherwise exempt. T. Section 2111.13 Exterior Air Intake. Section 2111.13 Exterior Air Intake is amended by adding the following: Outside combustion air intake shall be required for all gas-fired and wood burning fireplaces. Combustion air ducts shall be a minimum 26 gauge sheet metal for the portion of duct extending through the building on the outside of the fire-resistive shaft. Ducts extending from the fireplace and exiting directly to the outside without passing through any other portion of the building may be of any material permitted by the fireplace manufacturer or the International Mechanical Code. Fireplaces: Where dampers are required to be removed, clamped or welded open. Doors in front of fireplace openings are required. U. Chapter 30 Elevators and Conveying Systems Section 3001.5 Fees. A fee for each permit and plan review shall be paid to the Northwest Colorado Council of Governments. The annual certificate of inspection will be administered by the certified elevator inspection agency. For permit applications and inspections contact Elevator Inspection Program at (970) 468-0295 Ext. 108. V. Appendix C Section C101.1 Scope. Section C101.1 first paragraph is amended by adding the following: Plumbing, Mechanical and Electrical permits shall be required for all agricultural buildings regardless of whether a Building Permit is required. W. Appendix J Section J101.1 Scope. Section J101.1 Scope is amended by adding the following sentence: Grading permits shall be permitted, regulated and enforced by the Eagle County Engineer. X. Appendix J Section J103.2 Exemptions. Section J103.2 Exemptions is amended by adding the following sentence: Grading of roads in zone districts R, RL, AR and AL which are in an isolated, self- contained area and there is no danger to private or public property that will be used for ranching and agricultural uses only. Y. Appendix J Section J103.2.2 Exemptions. Section J103.2.2 Exemptions is amended by revising J103.2.2 to read as follows: An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt Chapter III: Building Resolution: January 1, 2010 Page 11 any fill made with the material from such excavation if it is not part of the plans submitted for the building permit. Z. Appendix J, Section J104.1.2 Grading Designation. Add Section J104.1.2 Grading designation. Grading in excess of 5,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading." Grading involving less than 5,000 cubic yards shall be designated "regular grading" unless the permittee chooses to have the grading performed as engineered grading, or the Eagle County Engineer determines that special conditions or unusual hazards exists, in which case grading shall conform to the requirements for engineered grading. AA. Appendix J, Section J104.1.3 Regular Grading Requirements. Add section J104.1.3 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information: 1. General, vicinity of proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed and the location of any building or structures within 15 feet of the proposed grading. AB. Appendix J, Section J105.3 Final Reports. Section J105.3 Final Reports is amended by adding a new subsection: Where drainage improvements are required, the work is to be completed per approved plans and ready for inspection at the time of the Temporary Certificate of Occupancy inspection. It will be the general contractor's responsibility to maintain positive drainage on the site during all phases of construction, including protection of any drainage along the Public Roadway. AC. Appendix J, Section J112 Bonds. Section J112 Bonds is amended as follows: The Eagle County Engineer may require collateral in a form acceptable to Eagle County in such amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. AD. Appendix J, Section J113 Work Commencing before Permit Issuance. Section J113 Work Commencing before Permit Issuance is added as follows: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum fee set forth in Table 9 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Chapter III: Building Resolution: January 1, 2010 Page 12 INTERNATIONAL RESIDENTIAL CODE (IRC) AMENDMENTS 3.06 THE INTERNATIONAL RESIDENTIAL CODE, 2009 EDITION, IS SPECIFICALLY AMENDED AS FOLLOWS: A. R102.4 Referenced Codes and Standards. R 102.4 Referenced Codes and Standards are amended by adding the following: Reference to other codes such as Plumbing, Mechanical, Fuel Gas, NFPAI3D, International Energy Conservation and Electrical shall refer only to the currently adopted code of that type. B. Section R104.4 Inspections. Section R104.4 Inspections add the following paragraphs: A third party inspection by a certified log inspection agency shall be required of all structural members in log framed buildings. A letter from the log grading agency certifying log grades are in accordance with the plan specifications shall be required at, or prior to frame inspection. Elevators installed in all structures shall require a third party plan review and inspection by Northwest Colorado Council of Governments. C. Section R105.2 Work Exempt from Permit: Section R105.2 Work Exempt from permit is amended by the following: Item 1: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 120 square feet. Item 5: Platforms, sidewalks and driveways not more than 30 inches above grade and not over any basement or storage below and which are not part of an accessible route. D. Section R108.2 Schedule of Permit Fees. Section R108.2 Schedule of permit fees is amended by adding the following: The fee for each permit shall be as set forth in Table 2 of the Eagle County Building Resolution. The fee for each permit will be paid at time of submittal. E. Section R108.2.1 Plan Review Fees. Section R108.2.1 Plan Review Fees is amended to read: When submittal documents are required by Section 106.1, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 2 of the Eagle County Building Resolutions. The Plan review fees specified in this section are separate fees from the permit fees specified in Section 108.2 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.1, an additional plan review fee shall be charged at the rate shown in Table 2 of the Eagle County Building Resolution. F. Section R108.3 Building Permit Valuations. Section R108.3 Building Permit Valuations is amended as follows: The valuation for building permits in Eagle County shall be based on the most recent cost figures per square foot as shown in International Building Code Valuation Table published by International Code Council. Chapter III: Building Resolution: January 1, 2010 Page 13 The Eagle County Modifier is 1.4. The latest Valuation Table may be found at "iccsafe.org" or at the Eagle County Community Development Office. All valuations will be considered as good construction or the valuation provided by the applicant, whichever yields the higher. G. Section R108.6 Work Commencing before Permit Issuance. Add Section R108.6 Work Commencing before Permit Issuance: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum fee set forth in Table 2 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. H. Section R108.5 Fee Refunds. Section R108.5: Fee refund is amended by adding the following: The Building Official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The Building Official shall not authorize the refunding of any fee paid, except upon written request filed by the original applicant not later than 180 days after the date of fee payment. I. Section R112 Board of Appeals. Section R112 Board of Appeals shall be deleted and 315 of the Building Resolution shall apply. J. Section R301.2.3 Snow Loads. Section R301.2.3 Snow Loads is amended by adding the following paragraph: Snow loads for roofs and decks shall be determined by the March 1971 and reprinted May 1990 edition of the "Snow Load Design Data for Colorado" prepared by the Structural Engineers Association of Colorado. Mobile homes built with a snow load design less than that specified by the March 1971 and May 1990 edition of the "Snow Load Design Data for Colorado" prepared by the Structural Engineers Association of Colorado may be installed provided the owner agrees in writing to maintain the snow accumulation on the mobile home so as not to exceed the designed maximum snow load of the mobile home. K. Section R303.8 Required Heating. Section R303.8 Required heating is amended by adding the following: Minimum winter design temperature is -20. Heat loss calculations shall be required for all dwelling units. L. Section R303.9 Heating Equipment Room Occupancy Separation. Add section R303.9 as follows: In R-3 occupancies rooms containing a boiler, central heating plant or hot water supply boiler in excess of 400,000 but per hour input shall be separated from the rest of the building by not less than: 1 hour construction on the room side of the heating equipment, with a 20 minute rated door, smoke sealed self-closing. Chapter III: Building Resolution: January 1, 2010 Page 14 M. Section R302.2.2 Townhouses. Section R302.2 Townhouses, add this sentence to the start of the Exception: When an approved fire sprinkler system is installed. N. Section R313.2 One and two-family dwelling automatic fire systems. Section R313.2 One and two-family dwelling and townhouses built in compliance with the IRC, automatic fire systems to be amended as follows: Effective September 1, 2012, an automatic residential fire sprinkler shall be installed in one and two-family dwellings and townhouses built in compliance with the IRC. O. Section R403.1.4.1 Frost Protection. Section R403.1.4.1 Frost Protection is amended by deleting Section R403.1.4.1 entirely and replacing with the following: Foundation walls, piers, and other permanent supports of buildings shall be protected from frost by the following method; footings subject to frost shall have a minimum depth of 48" measured from finish grade to the bottom of the footing or the depth specified by the soils engineer of record. P. Section R403.2 Footings for Wood Foundations. Section R403.2 Footings for Wood Foundations is amended by adding the following: Foundations shall be designed by a registered Colorado Engineer or Architect and approved by the Geotechnical Engineer. Q. Section R403.3 Frost Protected Shallow Foundations. Section R403.3 Frost Protected Shallow Foundations is amended by adding the following: Foundations shall be designed by a registered Colorado Engineer or Architect and approved by the Geotechnical Engineer. R. Section R404.2 Wood Foundation Walls. Section R404.2 Wood Foundation Walls is amended by adding the following: Foundations shall be designed by a registered Colorado Engineer or Architect and approved by the Geotechnical Engineer. S. Section R1004.1 General. Section R1004.1 General is amended by adding the following: No building or mechanical permits will be issued for the installation of a wood burning device unless the device is a new technology device as defined in Eagle County Land Use Regulations or is otherwise exempt. Chimney chase enclosures of A-vented fireplaces and solid-fuel (pellet, wood) stoves (B-vented appliances excluded) shall be enclosed with materials for one hour fire resistive construction on the interior side of the chase. Requirements for enclosure of chimneys shall be as set forth in Table 11 of the Eagle County Building Resolution. Outside combustion air intake shall be required for all gas-fired, wood burning fireplaces and solid-fuel wood stoves. Combustion air ducts shall be a minimum 26 gauge sheet metal for the portion of duct extending through the building on the outside of the fire-resistive shaft. Ducts extending from the fireplaces and exiting directly to the outside without passing through any other portion of the building may be of any material permitted by the fireplace manufacturer or the International Mechanical Code whichever is more stringent. Fireplaces: Where dampers are required to be removed, clamped or welded open. Doors in front of fireplace openings are required. Chapter III: Building Resolution: January 1, 2010 Page 15 T. Section G2425.8 (501.8) Equipment not required to be vented. Section G2425.8 (501.8) delete item #7. U. Section E3405.3 Dedicated panelboard space. Section E3405.3 Dedicated panelboard space is amended by adding the following paragraph from 2008 NEC article 110.26 (F)(1)(b). The area above the required dedicated space shall be permitted to contain foreign systems, provided protection is installed to avoid damage to the electrical equipment from condensation, leaks, or breaks in such foreign systems. Chapter III: Building Resolution: January 1, 2010 Page 16 INTERNATIONAL PLUMBING CODE (IPC) AMENDMENTS 3.07 THE INTERNATIONAL PLUMBING CODE, 2009 EDITION, IS SPECIFICALLY AMENDED AS FOLLOWS: 3.07.01 PLUMBING LICENSE REQUIRED Pursuant to 12-58-115, C.R.S., only qualified licensed plumbers may install "Plumbing Systems" as defined in 202 of the International Plumbing Code, 2009 Edition. A. Section 103.1 General. Amend to read: The Department of inspection is hereby created and the Chief Building Official in charge shall be known as the code official. B. Section 106.6.1 Work Commencing Before Permit Issuance. Section 106.6.1 work without a permit is amended to read: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum fee set forth in Table 7 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. C. Section 106.6.2 Fee Schedule. Section 106.6.2 Permit Fees is amended as follows: The schedule of Plumbing Permit Fees is set forth in Table 7of the Eagle County Building Resolution. The fee for each permit will be paid at time of submittal. D. Section 106.6.2.1 Plan Review Fees. Section 106.6.2.1 Plan Review Fees. When plan or other data is required to be submitted by 106.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be equal to sixty-five (65) percent of the total permit fee as set forth in Table 7. When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 7. E. Section 106.6.3 Fee Refunds: Section 106.6.3 Fee Refunds number 2 and 3 amended by adding "80" as the maximum refund percentage. F. Section 109 Means of Appeals. Section 109 Means of appeals shall be deleted and 315 of the Building Resolution shall apply. G. Section 305.6 Freezing. Section 305.6 Amend the last sentence to read: The minimum cover shall be seven (7) feet below finish grade. H. Section 305.6.1 Sewer depth. Delete this paragraph. I. Section 312.6 Gravity sewer test. Amend the first sentence to read: Gravity sewer tests shall consist of plugging the end of the building sewer at the point of connection with the exterior of the building, filling the building sewer with water, testing with not less than a 10-foot head of water and maintaining such pressure for 15 minutes. Chapter III: Building Resolution: January 1, 2010 Page 17 Section 312.9 shower liner test. Delete this section. K. Section 701.2 Sewer required. Section 701.2 is amended to read: Every building in which plumbing fixtures are installed and all premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system in accordance with Chapter 4 of the Eagle County Lands Use Regulations. L. Section 904.1 Roof Extension. Section 904.1 is amended to read: All open vent pipes that extend through a roof shall be terminated at least 6 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. Chapter III: Building Resolution: January 1, 2010 Page 18 INTERNATIONAL FUEL GAS CODE (IFGC) AMENDMENTS 3.075 THE INTERNATIONAL FUEL GAS CODE, 2009 EDITION, IS SPECIFICALLY AMENDED AS FOLLOWS: A. Section 103.1 General. Amend to read: The Department of inspection is hereby created and the Chief Building Official in charge shall be known as the code official. B. Section 106.6.1 Work Commencing Before Permit Issuance. Section 106.6.1 work without a permit is amended to read: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum fee set forth in Table 6 or Table 7 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. C. Section 106.6.2 Fee Schedule. Section 106.5.2 Permit Fees is amended as follows: The schedule of fuel gas is set forth as mechanical permit fees in Table 6, except Chapter 4 gas pipe installation is set forth as plumbing permit fees in Table 7 of the Eagle County Building Resolution. The fee for each permit will be paid at time of submittal. D. Section 106.6.2.1 Plan Review Fees. Add Section 106.6.2.1 Plan Review Fees. When a plan or other data is required to be submitted by 106.3.1 a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be equal to sixty-five (65) percent of the total permit fee as set forth in Table 6 or Table 7. When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 6 or Table 7. E. Section 106.6.3 Fee Refunds. Section 106.5.3 Fee Refunds number 2 and 3 amended by adding "80" as the maximum refund percentage. F. Section 107.2 #3 Final Inspection. Amend Section 107.2 #3 to read: Final Gas Pressure Test to be performed prior to issuance of the Final Gas Tag. The Final Gas Tag is to be issued prior to connection to the public gas utilities or to a private gas system. The Final Gas Test shall consist the following: 1. pressure testing the gas pipe after wall coverings are complete. 2. permanent appliances are ready to fire, gas capped at appliances, flue pipe installed, combustion air in place, electrical disconnect for appliances in place. G. Section 109 (IFGC) Means of appeal. Section 109 (IFGC) means of appeal shall be deleted and 315 of the Building Resolution shall apply. H. Section 303.3 Prohibited Locations. Delete Exceptions number 3 and number 4 I. Section 402.6.2 Liquefied Petroleum Gas Facilities and Piping. Section 402.6.2 add the following sentence: Liquefied petroleum gas facilities and equipment shall not be located in any pit or basement, under show windows or interior stairways, in engine, boiler, heater, or electric meter rooms. Chapter III: Building Resolution: January 1, 2010 Page 19 Add the following exception: equipment may be installed with an approved means of detection and removal of unburned liquid petroleum gas. A minimum 3" drain pipe to the exterior of the building, propane sensor and automatic safety shutoff shall be installed. The drain shall not be trapped and shall be protected from snow closure and rodents. When the above listed means cannot be achieved, an engineered mechanical exhaust system with a propane sensor, and an automatic safety shut-off, shall be required. J. Section 406.4.1 Test Pressure. Amend Section 406.4.1 to add the following sentences: This inspection shall include air, COZ or nitrogen pressure test, at which time the gas piping shall stand a pressure of not less than 10 psi for threaded pipe for not less than 15 minutes. K. Section 409.5.1 Appliance Shutoff Valve. Section 409.5.1 to add the following sentence: If a gas shut off valve is located inside a firebox or accesses through a firebox, an additional gas shut off valve shall be required outside of the firebox. L. Section 501.8 Equipment not required to be vented. Section 501.8 delete item No. 8. M. Section 503.6.6 Roof Termination. Section 503.6.6 is amended to include the following sentences: Gas vent termination on roofs shall be within 3 feet of the ridge or be provided with an alternate means of protection. Chapter III: Building Resolution: January 1, 2010 Page 20 INTERNATIONAL MECHANICAL CODE (IMC) AMENDMENTS 3.08 THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION, IS SPECIFICALLY AMENDED AS FOLLOWS: A. Section 106.5.1 Work Commencing before Permit Issuance. Section 106.5.1 Work commencing before permit issuance is amended to read: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum fee set forth in Table 6 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. The payment of an investigation fee shall not exempt a person from compliance with all other provisions of this code nor from a penalty prescribed by law. B. Section 106.5.2 Fee Schedule. Section 106.5.2 Fee schedule is amended to read as follows: The fee for each permit shall be as set forth in Table 6 of the Eagle County Building Resolution. The fee for each permit will be paid at time of submittal. C. Section 106.5.2.1 Plan Review Fees. Add Section 106.5.2.1 Plan Review Fees. When a plan or other data is required to be submitted by 106.3.1, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for mechanical work shall be equal to sixty-five (65) percent of the total permit fee as set forth in Table 6. When plans are incomplete or changed so as to require additional review, a fee shall be charged at the rate shown in Table 6. D. Section 106.5.3 Fee Refunds: Section 106.5.3 Fee Refunds number 2 and 3 amended by adding "80" as the maximum refund percentage. E. Section 109 Means of Appeal. Section 109 Means of Appeal shall be deleted and 315 of the Building Resolution shall apply. F. Section 901.5 Listed Pilot Safety Device. Add Section 901.5 Listed pilot safety device. All gas logs and gas-fired log lighters shall be equipped with a listed pilot safety device. G. Section 901.6 Wood Burning Devices. Add Section 901.6 Wood Burning Devices. All wood burning devices shall conform to the Eagle County Land Use Regulations regarding wood burning control. Chapter III: Building Resolution: January 1, 2010 Page 21 NATIONAL ELECTRICAL CODE (NEC) AMENDMENTS 3.09 THE NATIONAL ELECTRIC CODE, EDITION AS ADOPTED BY THE STATE OF COLORADO, IS SPECIFICALLY AMENDED AS FOLLOWS: A. Pursuant to 12-23-105 C.R.S. only qualified licensed electricians may install "Electrical Work" as defined in 12-23-101 (1.7) by Colorado State Electrical Board most current Edition. Notwithstanding the foregoing provision, an Electrical License will not be required provided all conditions of Section 12- 23-111(2) C.R.S. have been satisfied. B. Pursuant to 12-23-111-24 CRS a separate permit is required for fire alarm systems operating at fifty volts or less. C. Table 3B-Fee Schedule is hereby amended. A current schedule of Electrical Permit fees is contained in Table 8 for the Eagle County Building Resolution. D. Article 210.8 Ground-Fault Circuit-Interrupter protection for Personnel. Amended to add the following sentence: All G.F.C.I. protection shall be re-settable in rooms where protection is required including outside receptacles. E. Article 210.11(C)(3). Branch Circuits Required Dwelling Units. Amended to add the following sentence: No more than 4 duplex receptacles shall be installed on this 20 amp circuit. F. Article 210.3 Branch Circuits Required. Amendment of Article 210.3 to add the following sentence to the first paragraph: Only eight receptacle outlets will be installed on 15 amp circuits; or ten receptacle outlets on 20 amp circuits for lighting branch circuits including receptacles. G. Article 210.11(C)(1) Small Appliance Branch Circuits-Dwelling Unit. Amendment of Article 210.11(C)(1) to add the following sentence to the first paragraph: There shall be no more than four duplex receptacles on each small appliance branch circuit. H. Article 406.8 (C) Bathtub and shower space. Is amended as follows: Bathtub and shower space receptacles or switches shall not be installed within or directly over a bathtub enclosure or shower stall. I. Article 680.71 Hydro-massage Bathtubs. To add the following sentence: All G.F.C.I. protection shall be located with the same room. It is to be installed at least 12 inches off of finished floor and 5 feet from hydro-massage bathtub. The cord is not to exceed 3 feet from motor to receptacle installed near the access door protected by the re-settable G.F.C.I. mounted on the wall. (The re-settable G.F.C.I. is not to be installed under the tub). 220V tubs shall have GFCI breakers located in panels. J. Article 695.1 Scope. Article 695.1 Scope. (a) Covered. Is amended by adding the following: (3) This article applies to pumps used to supply sprinkler systems in one-and two-family dwellings. NFPA 13D-2007, Standard for the Installation of Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes. Chapter III: Building Resolution: January 1, 2010 Page 22 K. Article 695.6(a). Power Wiring. (A) Supply conductors. Wiring methods to pressure pumps for NFPA 13D Systems where routed through the residence shall be in a 1 hour rated shaft, or enclosed with not less than 2 inches of concrete in accordance with Article 230.6(1) or (2). L. Article 695.6 Power Wiring. (B) Circuit Conductors. Article 695.6 is amended by adding the following: When located within the room where the pump is located, wiring methods for fire pumps in buildings containing NFPA 13D systems maybe in accordance with the manufacturer's listing. Chapter III: Building Resolution: January 1, 2010 Page 23 INTERNATIONAL FIRE CODE (IFC) AMENDMENTS 3.10 THE INTERNATIONAL FIRE CODE, 2009 EDITION, IS SPECIFICALLY AMENDED AS FOLLOWS: A. Section 104.11 Authority at Fires and Other Emergencies, Interference. Section 104.11 is amended to include the following: Fire alarm panel trouble signals, maintenance signals, testing signals or as approved in writing by the Fire Chief shall not be construed as an emergency fire condition. B. Section 104.11.3 Systems and Devices. Section 104.11.3 Systems and Devices is amended to include the following: Fire alarm panel trouble signals, maintenance signals, testing signals or as approved by the Fire Chief shall not be construed as an emergency fire condition. C. Section 105.1.1 Permits Required. Amend Section 105.1..1 Permits required by adding the following: The fee for each permit shall be as set forth Table 4 of the Eagle County Building Resolution. The fee for each permit will be paid at time of submittal. The Building Official shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The Building Official shall not authorize the refunding of any fee paid, except upon written request filed by the original applicant not later than 180 days after the date of fee payment. D. Section 108 Board of Appeals. Section 108 Board of Appeals shall be deleted and 315 of the Building Resolution shall apply. (Board of appeals within the Fire Districts jurisdiction, shall be under the Fire Districts guidelines) E. Section 113.3 Work Commencing before Permit Issuance. Section 113.3 Work commencing before Permit Issuance is amended to read as follows: An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The minimum investigation fee shall be four times the minimum set forth in Table 4 of the Eagle County Building Resolution. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. F. Section 202 General Definitions. Fire Code Official is amended to read: Fire Chief is the Eagle County Building Official or the building officials duly authorized representative. False Alarms is amended to read: The deliberate reporting of an alarm for which no such fire or emergency actually exists. G. Section 603.8.2 Spark Arrestor. Section 603.8.2 is amended to include the following: Chimneys used with fireplaces or heating appliances in which solid fuel is used shall be maintained with an effective means of arresting spark. Chapter III: Building Resolution: January 1, 2010 Page 24 H. Section 905.1 Standpipes, General Requirements. Section 905.1 is amended to read beginning the third sentence: The outside fire department connections shall be approved by the Fire Chief. INTERNATIONAL ENERGY CONSERVATION CODE (IECC) AMENDMENTS 3.105 THE INTERNATIONAL ENERGY CONSERVATION CODE 2009 EDITION IS SPECIFICALLY AMENDED AS FOLLOWS: A. Chapter 1. Chapter 1 Administration shall be deleted and chapter 1 of the IBC and IRC shall apply. B. Section 402.2.2 Ceilings without attic spaces. Delete section 402.2.2 ceilings without attic spaces. C. New buildings and additions over 50% of the existing building square footage shall also comply with Land Use Regulations Division 4.8 or 4.9. D. IRC fenestration U factor 0.30 minimum value required. E. Main heat source when applicable with the IRC to be a minimum of 92% efficient AFUE. NFPA 13D AMENDMENTS 3.11 NFPA 13D 2007 Edition, ONE- AND TWO-FAMILY DWELLINGS AN MANUFACTURED HOMES IS SPECIFICALLY AMENDED AS FOLLOWS: A. Section 6.1.1 Add the Following: Afire department connection (FDC) will be required on all sprinkler systems and located within 6 feet of the knox box or in an approved location by the jurisdiction having authority. A 1 '/z inch hose connection is required. B. Section 6.2 Water Supply Sources. Add the following: (6). Water supply systems that require a fire pump shall be provided with a fire department connection (FDC) in a location approved by the jurisdiction having authority. C. Section 8.1.2 Number of Design Sprinklers. Section 8.1.2 Number of Design Sprinklers is amended to read as follows: The number of design sprinklers shall include all sprinklers within a compartment, up to a maximum of two sprinklers, under a flat, smooth, horizontal ceiling. In occupancies with sloped, beamed, or pitched ceilings over 10' the system shall be calculated with three or more heads operating per manufactures specs and (note-appendix A.8.1.1.2.2, A.8.1.2, A.8.2.5 NFPA 13-D) Structures greater than 3,500 square feet shall be calculated with a minimum of three heads operating. Chapter III: Building Resolution: January 1, 2010 Page 25 D. Section 8.6.4 Amend Section 8.6.4 as follows: Residential sprinklers shall be installed in residential garages. Sprinklers are not required in open attached porches, carports and similar structures. E. Section 8.6.5 Add the Following: Crawl spaces or attics with fuel burning appliances to be protected with residential sprinklers and ceilings to be protected with drywall within a 3 foot arc of the perimeter of the appliance. Attics with pull down ladders will be protected with residential sprinklers. 3.12 GENERAL BUILDING PERMIT RESTRICTIONS 3.12.01 No person shall commence or continue any on site work in respect to any building, structure, factory-built housing unit, mobile home equipment, road cut permit, grading permit, construction parking or storage of materials, without first obtaining the necessary permits from Eagle County. 3.12.02 No person shall commence or continue any work in respect to any private subsurface sewage disposal system without first obtaining a permit from the Environmental Health Department. 3.12.03 Written approval of the Environmental Health Department shall be obtained before the backfilling of any private or subsurface sewage disposal system. 3.12.04 In respect to any work undertaken in violation of the provisions of subsection 3.12.03 of this Section, the Building Official or Environment Health Officer or their duly authorized representatives, may at any time required that such work, in whole or in part, be exposed for inspection. 3.12.05 No person shall occupy any new building, factory-built housing unit or mobile home until sewage disposal facilities, meeting the minimum standards of the regulations of the State Board of Health or any of the Eagle County Individual Sewage Disposal Regulations, have been installed and have been approved, in writing, by the Environmental Health Department. 3.12.06 Building and grading permit applications for new construction shall comply with all applicable Site Development Standards as delineated in Chapter 2, Article 4, Site Devel~ment Standards of these Land Use Regulations. 3.12.07 The General Contractor shall be required to provide adequate sanitary facilities during construction. 3.12.1.1 Purpose. The purpose of this regulation is to establish minimum design and construction standards for the protection of life and property from fire within the Wildland/iJrban Interface. These provisions are meant to aid in the prevention and suppression of fires, lessen the hazards to structures from wildland fires and lessen the hazards to wildlands from structure fires. 3.12.1.2 Applicability. These wildfire regulations are applicable to all new construction in the unincorporated territories of Eagle County and shall supersede the provisions of any previously approved Planned Unit Development, which may contain language contradictory in nature to the intent of these regulations. In the event that a previously approved Planned Unit Development contains language, which is more restrictive than the language found in these regulations then, the more restrictive language shall apply. Chapter III: Building Resolution: January 1, 2010 Page 26 A. All new building construction, exterior modification to existing buildings, and/or additions that increase an existing building's footprint or number of stories in moderate, high and extreme hazard zones shall cause the entire building to comply with the provisions of this regulation with regard to the creation of Defensible Space. Pursuant to Section 3.12.4.5 Roofing or Siding of Existing Buildings of this Resolution, re-roofing permits will not require Defensible Space. Only exterior modifications to existing buildings shall comply with the provisions of this regulation with regard to fire-resistive construction. Buildings or structures that do not require a building permit are exempt from this regulation, although their proximity to a permitted structure may modify the requirement for defensible space on the property. B. All Communities and/or Subdivisions in existence prior to the effective date of these wildfire regulations may opt to prepare a Comprehensive Wildfire Mitigation Plan, which includes all lands and buildings within a definitive boundary delineated by said Plan. The Comprehensive Wildfire Mitigation Plan will be evaluated and may be approved at the sole discretion of the Board of County Commissioners through application for a Special Use Permit pursuant to Chapter 2, Article 5 of the Eagle County Land Use Regulations. The Board will render their decision based upon recommendations from the Planning Commission, the Colorado State Forest Service, the Local Fire Authority Having Jurisdiction and any other applicable federal, state or local authority or agency. If the Special Use Permit for the Comprehensive Wildfire Mitigation Plan is approved and adopted by the Board of County Commissioners, then the land area defined within the Plan will not be required to conform to this Chapter III with regard to wildfire mitigation. Rather, the land area defined within the Plan will be bound via Board of County Commissioner Resolution for the Special Use Permit to fully implement the elements of the Comprehensive Wildfire Mitigation Plan within a time frame established by the Board of County Commissioners through the Special Use Permit. The Comprehensive Wildfire Mitigation Plan shall remain in full force and effect and all wildfire mitigation measures established within the Plan shall be maintained in perpetuity, unless otherwise amended by the Board of County Commissioners. The County shall be authorized to set limits on the length of any Special Use Permit that it issues and to obtain assurances that the ongoing operation of the use will comply with all of the applicant's representations and all conditions of approval, including, but not limited to, requiring an annual compliance review. All conditions imposed in any Special Use Permit shall be expressly set forth in the resolution approving the Special Use Permit. Revocation or suspension of a Special Use Permit issued pursuant to these Land Use Regulations shall be made under the procedures and standards of Article 7 of these Land Use Regulations, upon a finding that the Special Use Permit was issued on the basis of erroneous or misleading information or representation, the development violates the terms or conditions of any permit issued pursuant to these Land Use Regulations, the terms or conditions of the Special Use Permit or these Land Use Regulations. C. All Communities and/or Subdivisions in existence prior to the effective date of these wildfire regulations opting to submit a Comprehensive Wildfire Mitigation Plan must have the plan prepared Chapter III: Building Resolution: January 1, 2010 Page 27 by a natural resource professional with expertise in the field of vegetation management and wildfire mitigation. Variable topography, diverse natural vegetative cover, as well as, unique access and water supply characteristics typify each existing development in Eagle County. It is therefore, imperative that a plan be designed specifically for the community or subdivision seeking special consideration. The plan shall contain strategies to implement wildfire mitigation measures that will provide equal, if not superior, protection from the hazards inherent to wildfire. The plan may include but not be limited to: Strategic vegetation management incorporating the creation of strategic fire breaks in common areas, along access routes and subdivision perimeter and on each privately owned property; Creation of Defensible space around all existing structures within the boundaries of the Comprehensive Wildfire Mitigation Plan; Removal of dead and diseased trees, clean-up and maintenance of under-story growth and ground debris within common areas and on each privately owned property; Provision of or improvement of an existing fire fighting water supply; Community/subdivision ingress/egress and individual driveway improvements designed to accommodate adequate emergency vehicle access and turnaround areas; Create at least two usable points of ingress/egress to the community/subdivision; Provision of adequate road and address signage; Inclusion of new technology designed to mitigate wildfire hazards such as fire-retardant foam or gel applications, and/Retrofit existing structures with fire- resistive construction materials, particularly, fire-resistive deck and roofing materials. The Board may also consider pre-existing Wildfire mitigation measures. 3.12.2 DEFINITIONS For the purpose of this regulation, certain terms are defined as follows: COMPREHENSIVE WILDFIRE MITIGATION PLAN means an exhaustive, substantive compilation of commonly accepted practices designed to substantially decrease the hazards to life, property and the natural environment caused by wildfire. DEFENSIBLE SPACE is a designated area surrounding a building or buildings that will be subject to fuel modification measures intended to reduce fire-spread potential between the structure and adjacent vegetation. FIRE HYDRANT means a valved connection on a piped water supply system having one or more outlets that is used to supply hose and fire pumpers with water as approved by the Local Fire Authority Having Jurisdiction. FIRE-RESISTIVE CONSTRUCTION means afire-resistive shell- exterior walls shall be a listed, one-hour fire-resistive assembly or log (6" min. dia.), and the roof shall be protected by a layer of 5/8" type X gypsum board interior ceiling or nominal 2"xT&G wood interior ceiling. A non-combustible exterior wall surface (cement stucco, brick, stone, cement fiber siding) may be used in lieu of the exterior membrane of a listed wall assembly. Decks shall be one-hour fire resistive construction as defined in the building code in effect at the time of building permit application. TREE CROWN is the needle or leaf bearing part of a tree. The crown edge is the tree's drip edge. 3.12.3 PROCEDURE Chapter III: Building Resolution: January 1, 2010 Page 28 3.12.3.1 Hazard Rating Assignment Prior to the approval of a building permit applicable to these regulations, a Wildfire Hazard Rating must be determined for the subject property. The rating will determine the level of mitigation required for construction. A. Wildfire Hazard Rating, CSFS. Pursuant to Section 4-430.D.1 of the Eagle County Land Use Regulations, plans for subdivisions, Planned Unit Developments or Special Use Permits in Eagle County are referred to the Colorado State Forest Service. The CSFS reviews the application and determines a wildfire hazard rating of low, moderate, high or extreme for the project. B. Wildfire Hazard Rating, Not Assigned. A wildfire hazard rating must be obtained on properties for which the Colorado State Forest Service has not assigned a wildfire hazard rating. Eagle County Community Development Staff, the Local Fire Authority Having Jurisdiction or the Colorado State Forest Service, using identical criteria, will determine site-specific wildfire hazard ratings. 3.12.3.2 Inspection. The level and type of Wildfire Hazard mitigation shall be determined by Eagle County Community Development Staff at the time of building permit plan check. During construction, the following site inspections shall be required. A. Initial site inspections. Two (2) inspections shall be required prior to the issuance of a building permit. A wildfire hazard rating for the property must be available. Prior to the initial inspection being scheduled, the footprint of the proposed structure must be staked out on the ground. The first inspection shall establish the defensible space, identify trees and shrubs to be removed or pruned and list other mitigation measures to be performed within the defensible space. The second inspection shall be made to verify that defensible space mitigations identified during the first inspection have been completed. B. Final Site Inspection. A final inspection to verify that all required mitigations have been completed or property utilized shall be conducted prior to the issuance of a Temporary Certificate of Occupancy (TCO) for the structure. 3.12.4 REQUIRED MITIGATION 3.12.4.1 Defensible Space Vegetation Management Zones. Defensible Space shall extend the distances specified in Table A (a minimum 70 feet for flat lots), or to the property lines, whichever is less. Defensible space measurements shall commence from the building plane, and follow all projections and recessions on each side of the building. A defensible space required under these provisions shall also encompass, and extend from, all buildings on the property located within a 50-foot radius of the affected building. Within the Defensible Space identified through application of Table A, the following mitigation shall be provided (Reference Figure 1): A. Zone 1: Is the area of maximum modification and treatment. The intent of Zone 1 is to reduce fuels that are immediately adjacent to flammable elements of the structure and to provide a clear access area for fire fighting operations. Zone 1 is an area measured 15 feet from the edges of the structure. Ideally, all trees within Zone 1 should be removed to reduce the fire hazard. If a tree or cluster of trees must remain, it will be considered as an integral part of the structure and Defensible Space pursuant to Table A will be measured from the drip line of the tree or tree cluster. This is particularly important if the building is sided with wood or other flammable materials. Decorative rock or irrigated, mowed grass creates an attractive, easily maintained nonflammable ground cover. If the house has Chapter III: Building Resolution: January 1, 2010 Page 29 noncombustible siding, widely spaced foundation plantings of low growing shrubs or other fire resistant plants are acceptable (Reference CSFS Publication 6.305, Firewise Plant Materials or, the version of this publication currently in effect.). Frequent pruning and maintenance of plants in this zone is necessary. All dead branches, stems and leaves must be regularly removed. All trees within Zone 1 must be pruned to at least 10 feet above the ground, but no more than 1/3 the overall height of the tree (aspen trees, individual spruce, fir and pine specimens are exempt). All branches that interfere with the structure's roof or chimney must be removed. All ladder fuels (small shrubs, trees, tree limbs and other materials that allow fire to climb into the tree crown) must be removed from beneath the tree or tree cluster. B. Zone 2: Is an area of fuel reduction. It is a transitional area between Zones I and 3. The size of Zone 2 depends on the slope of the ground where the structure is built (Reference Table A). Within this zone, the continuity and arrangement of vegetation is modified to reduce the intensity of any fire approaching the structure. Trees and shrubs must be thinned so that there is a minimum of 10 feet between crowns. Crown separation is measured from the furthest branch of one tree to the nearest branch on the next tree. All ladder fuels from under these trees must be removed. All trees must be pruned to at least 10 feet above the ground, but no more than 1/3 the overall height of the tree (aspen trees, individual spruce, fir and pine specimens are exempt). Zone 2 forms an aesthetic buffer and provides a transition between zones; therefore, it is necessary to blend the requirements for Zones 1 and 3. The inner portions of Zone 2 must be more heavily thinned than the outer portions. Tree density may increase as Zone 2 approaches Zone 3. Isolated shrubs may remain provided they are not under tree crowns. These shrubs must be pruned and maintained for vigorous growth. Dead stems and shrubs must be removed. No more than 2 dead trees per acre should remain for wildlife habitat. Dead trees, which can fall onto a structure or block an access must be removed. C. Zone 3: Is an area of traditional forest management and is of no particular size. Zone 3 extends from the edge of Zone 2 to the property boundaries. Typical management objectives for Zone 3 are: To provide optimum recreational opportunities; enhance aesthetics; maintain tree health and vigor; provide barriers for wind, noise, dust and visual intrusions. Specific thinning requirements are dictated by the property owner's objectives, however, most thinning will be done leaving the biggest and best trees and on an individual tree basis. Thinning sanitizes and improves the forest stand by removing trees that are damaged, attached by insects, infected by disease or are of poor form or low vigor. Chapter III: Building Resolution: January 1, 2010 Page 30 so ao 0 30 Q.20 O ~ 10 Distance to home Table A: This chart indicates the minimum dimensions for defensible space from the 3• home to the outer edge of Zone 2. On ~~_ Zorle3 ~~ f ~~ ~ Zone2 ~ / f~ ~~ 1 f ~ 1 I 1 I 1 I 1 1 - - -- ` `ti ::tea`::<: 1 _.~___ ~~ Zone 7 ^' Propertylines ~~ Figure 1: Property showing the three fire defensible zones around a home or other structure. ced based In moderate, high and extreme hazard areas in accordance with the requirements of this regulation and Table A. A. Low Hazard Construction. No additional construction mitigation measures required. B. Moderate Hazard Construction. Structures located within a Moderate Wildfire Hazard area shall be required to implement Defensible Space pursuant to Table A. All roofs shall be class A or class B as defined in the building code in effect at the time of building permit application. Decks shall be of fire-resistive construction. Vents for roof ventilation shall not be in the horizontal soffit. C. High Hazard Construction. Structures located within High Wildfire Hazard areas shall be required to implement Defensible Space pursuant to Table A and shall incorporate fire-resistive construction as defined in this regulation. All roofs shall be class A as defined in the building code in effect at the time of building permit application. Decks, eaves and soffits shall be of fire-resistive construction. Vents for roof ventilation shall not be in the horizontal soffit. D. Extreme Hazard Construction. Site and construction-specific requirements for structures proposed in areas that have been assigned an Extreme Wildfire Hazard rating shall be determined by the department of Community Development and the Local Fire Authority Having Jurisdiction on a case by case basis. The extreme rating may be downgraded through implementation of various vegetation management techniques designed to mitigate the overall wildfire hazard present on the site and/or by providing a reliable year-round source of water for fire fighting purposes. Fire hydrant(s) must conform with the requirements of the fire code in effect at the time of application or, as otherwise determined by the Local Fire Authority Having Jurisdiction. Water tanks, cisterns and/or dry hydrants shall meet the requirements of the National Fire Protection Association (NFPA) Bulletin Nun:ber 1142, Suburban and Rural Fire Fighting, 2001 Edition or, the edition of the referenced publication currently in effect. The Local Fire Authority Having Jurisdiction may approve an alternative standard. 3.12.4.3 Additions. Additions requiring a building permit in moderate, high or extreme hazard areas will require that Defensible Space be developed around the addition as well as the existing structure in accordance with the requirements of this regulation and Table A. Construction of the addition shall be in accordance with the requirements of Section 3.12.4.2 of this regulation. Chapter III: Building Resolution: January 1, 2010 Page 31 70 80 90 100 114 ~ 2U ~ 30 140 t 50 170 190 210 3.12.4.4 Exterior Decks. Exterior decks requiring a building permit will require that Defensible Space be developed around the deck as well as the existing structure in accordance with the requirements of this regulation and Table A and shall also be constructed in a manner consistent with this regulation per the fire hazard rating assigned to the property. 3.12.4.5 Roofing or Siding of Existing Buildings. When re-siding or re-roofing an existing building requires a building permit, materials and construction shall comply with this regulation based on the fire hazard rating assigned to the property. 3.13 PERMITS AND FEES 3.13.01.1 The Building Division shall issue a permit where: A. An application for a permit has been made in accordance with the provisions of this resolution. B. The proposed work set out in the application conforms to this Resolution and all other laws, regulations, resolutions, or orders having application in Eagle County. C. All Construction drawings, applications, and permit fees have been submitted and approved. D. A separate right of way construction permit for driveways will be required prior to building permit issuance. This will apply to all driveways connected to Eagle County Roads and in accordance with Chapter 5 of the Eagle County Land Use Regulations. The right-of-way construction, permit application, and permit fees will be enforced and regulated by the Eagle County Engineer. 3.13.02 The Building Division shall not issue a permit where: A. The proposed work, as set forth in the application, or the proposed use of the building or structure when completed, does not comply with the provisions of the Eagle County Land Use Regulations; B. The owner or applicant, in relation to the proposed lot or site, has not complied with the provisions of the Eagle County Land Use Regulations controlling the subdivision, platting, partitioning, or other division of land; C. A private or subsurface disposal system is necessary and the proposed site does not meet the requirements, conditions, or imposed provisions of State law or regulation of the State Board of Health, or of any Eagle County sewage disposal regulation. Where a private or subsurface sewage disposal system is necessary and the proposed site meets the requirements or conditions therefore imposed by a provision of the aforesaid laws, regulations, or resolutions, the Building Official shall not issue a permit until a sewage disposal permit has first been issued in writing by the Environmental Health Office; D. The proposed site is located, all or in part, within any area determined by the Building Official to necessitate special building requirements as a result of geological hazards or Flood Plain Hazard Area in any county resolution; and the special permit required by such resolution has not been obtained by the applicant. All special building requirements included in any such special permit shall be incorporated into the permit issued to the applicant under this Resolution; Chapter III: Building Resolution: January 1, 2010 Page 32 E. The proposed work is to be done within a subdivision (including a re-subdivision) for which a final plat (including any relevant amended final plat) has not been approved and for which a Subdivision Improvements Agreement, if required by or for the final plat approval, has not been entered into. F. No Building Permit shall be issued until site plans are presented that show an on-site area that is and will remain available for off-street parking and storage of construction materials. 3.13 FEES A. The schedule of fees to be charged for the issuance of a permit under this Resolution shall be as set forth in Section 3.01 of the Eagle County Building Resolution. B. The estimated value of the work shall be reviewed by the Building Official. The building Official shall account for all fees paid under this Resolution for any building, mobile-home placement and fees shall be deposited in the County General Fund. (See 3.OS.G. of the ECBR). C. The minimum mechanical permit fee for voluntarily replacing an existing wood burning fireplace with an EPA certified new technology device or fireplace which permanently utilizes natural gas, propane or similar clean burning field, shall be waived. D. The permit fee for permits using the repetitive plan check will be $55.00 per hour with a minimum of 3 hours to be charged. The applicant applying for the repetitive plan check will bring in the original field stamped approved plans to the Building Division. The original approved field set of plans will be re-stamped with the new Building Permit Number and date. The original office set of pans will also be stamped with the new Building Permit Number and the date of approval. 3.13.04 Each application for a permit shall include a permit checklist that is available at www.eaglecounty.us or at any of the Eagle County Community Development Offices. 3.14 DOCUMENTS ON THE SITE 3.14.01 The person to whom the permit is issued shall, during construction, keep: A. Posted in a conspicuous place on the property in respect of which the permit was issued, a copy of the building permit throughout the construction process. B. The approved field set of construction drawings and specifications including any plan addendums, modifications or other documents required by the building official. 3.15 APPEALS A. Board of Appeals shall be created and in place of the following codes Section IBC 113 and IRC R112, IPC 109, IMC 109, IFC 108, IFGC 109. Chapter III: Building Resolution: January 1, 2010 Page 33 3.15.01 Appeals to the Board of Appeals: A. Membership of the Board of Appeals: A Board of Appeals, consisting of five (5) members, shall be appointed by the Board of Commissioners to hear and decide appeals as provided hereunder. The Board of Appeals shall appoint from its membership, a Chairman and a Secretary who shall keep a written record of all proceeding of the Board. B. Qualifications of Board Members: If any such persons are available in the County, each member shall be a licensed professional engineer or architect or a building contractor or superintendent of building construction, or other person qualified by experience and training to pass on matters pertaining to building construction and at least one member shall, if possible, be a licensed architect and one member shall be a licensed structural or civil engineer. C. Application for Appeal: In order to hear and decide appeals or orders, decisions or determinations made by the building official relative to the application and interpretation of these codes. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive requirements of the building, plumbing, mechanical, fuel gas, fire, energy conservation codes or Eagle County Building Resolution. D. Fees: Fees for a board of appeals hearing shall be $100.00 payable to the Eagle County Treasurer at the time of application. E. Time for Appeal: An appeal shall be commenced within 10 days from the date of the decision appealed from by filing a written Notice of Appeal with the Secretary of the Board of Appeals setting forth the decision appealed from. F. Board Action on Appeal: Upon receipt of a Notice of Appeal, the Secretary shall schedule said appeal for Hearing in 30 days, or if the Board has adopted a regular schedule of meetings, not later than the third regular meeting following receipt of the Notice. The Secretary shall there upon mail written notice of the date, time, and place of the Hearing to the Building Official and to the Appellant. G. Hearings: Hearing shall be public and shall be conducted as nearly as possible in conformity with Section 24-4-105 C.R.S. 1973, as amended. The Board shall adopt reasonable rules and regulations for the conduct of such hearings. H. Rulings: The Board shall issue its findings and rulings thereon in writing not later than 30 days after the hearing, or not later than the second regular meeting following the hearing, if the regular schedule of meetings has been adopted by the Board. The Secretary shall mail copies of the findings and rulings to the Building Official and Appellant. 3.15.02 APPEALS TO THE BOARD OF COUNTY COMMISSIONERS. A. Grievances: Any person aggrieved by a decision of the Board of Appeals shall have the right of appeal there from to the Board of County Commissioners. Such appeal shall be made within thirty (30) days from the date of the decision of the Board of Appeals, and in the case of an appeal by the building Official, the original Appellant shall be notified within five (5) days from the date of the decision that the Building Official intends to appeal the decision. Chapter III: Building Resolution: January 1, 2010 Page 34 B. Procedure: Appeals hereunder shall be commenced by filing a written Notice of Appeal with the Clerk to the Board of County Commissioners, who shall schedule the appeal for hearing not later than the second regular meeting following receipt of said Notice. The Clerk shall notify the Secretary of the Board of Appeals, the Building Official and the Appellant in writing of the date, time and place of the hearing. C. Fees: The fee for appeals to the Board shall be $100.00 payable to the Eagle County Treasurer at the time of application for appeals. D. Transmission of Files: Upon receipt of the Notice from the Clerk, the Secretary of the Board of Appeals shall transmit the File containing all Exhibits, Testimony and Evidence of whatsoever kind to the Clerk not later than ten (10) days prior to the scheduled hearing. E. Hearing: At the Hearing the Board of County Commissioners shall examine the file and consider any additional evidence which it deems appropriate. Strict rules of evidence shall not apply, but all additional oral evidence shall be reduced to writing in summary form. F. Ruling: Within ten (10) days from the date of the Hearing the Board shall issue its written ruling affirming, modifying, or reversing the Ruling of the Board of Appeals. Copies of the Ruling shall be mailed to the Secretary of the Board of Appeals, the Building Official, and the Appellant. The Building Official shall then take whatever action is indicated by the Ruling of the Board. 3.16 PENALTY 3.16.01 No person, firm or corporation shall commence or continue any work in respect to use or occupy any building, structure, or mobile home, or any sewage disposal system in violation of the provisions of this resolution. 3.16.02 Any person, firm or corporation who violates the provisions of this Resolution is liable upon conviction to a fine of not more than one hundred dollars ($100), or by imprisonment in the county jail for not more than ten days, or by both such fine and imprisonment. Each day during which such illegal erection, construction reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. In addition to any criminal penalties, any person, firm or corporation violating the provisions of the Eagle County Building Resolution may be subject to a civil penalty in an amount of not less than five hundred dollars ($500), nor more than one thousand dollars ($1,000). Each day during which such unlawful activity continues shall be deemed a separate violation and shall be the subject of a continuing penalty in an amount not to exceed one hundred dollars $100) for each such day. 3.16.03 In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in violation of the provisions of this Resolution, the Board, the Building Official, the District Attorney of the District, or any owner of real estate within the area, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. 3.17 WAIVER Chapter III: Building Resolution: January 1, 2010 Page 35 The Building Official may waive any permit requirements within this Resolution only after a determination that the effect of such a waiver is minor and will not affect the health, safety and welfare of the persons occupying buildings of Eagle County. 3.18 REPEAL Upon the approval and adoption of this Resolution by the Board, all existing or previously adopted Building Resolutions not reflected in this Resolution be and the same are hereby repealed and superseded by this Resolution. 3.19 SEVERABILITY The Eagle County Board of Commissioners hereby declares that if any section, subsection, clause or phrase of this Resolution or of the 2009 Code adopted by this Resolution, is for any reason held to be invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution and/or 2009 Code. 3.20 EFFECTIVE DATE This Resolution shall be in force and effect from and after the date of the Board's execution of this Resolution. Chapter III: Building Resolution: January 1, 2010 Page 36 TABLE 1 (1) BUILDING (2) PLUMBING (3) ELECTRICAL (4) MECHANICAL (5) GRADING (6) INDIVIDUAL SEWAGE DISPOSAL (7) SIGN (8) MANUFACTURED HOUSING HOOKUP (9) FIRE ALARM SYSTEM (10) FIRE SPRINKLER SYSTEM (11) RIGHT OF WAY CONSTRUCTION PERMIT" ROUTING ABBREVIATIONS: BUILDING DIVISION=BD ENVIRONMENTAL HEALTH=EH PLANNING DIVISION=PD ENGINEERING=EG (This Table is a Permit Requirement Guideline ONLY, and does not take precedence over the International Codes as adopted by Eagle County) CLASSIFICATION OF SPECIFIC PROJECTS NO PERMIT PERMIT (S) REVIEW SITE PLAN PROJECTS REQUIRED REQUIRED REQUIRED REQUIRED New Structures Building of New Residential 1, 2 ,3, 4, 5, 6, 9, BD, EH, PD, EG X Structures 10,11 & Building of New Non- 1, 2, 3, 4, 5, 6, 9, BD, EH, PD, EG X Residential Commercial 10,11 Structure Factory Built Structures Moving of Existing 1,6,11 BD, EH, PD, EG X Structure to New Location & Moving of Manufactured 3, 8 BD, PD X Housing into a Mobile Home Park Manufactured on Private Land Moving & Setting of Factory 1, 2, 3, 4, 5, 6,11 BD, EH, PD, EG X Built Structure on Building Site Grading with No Other All Grading 5 EG X Construction One story detached X buildings used as tool and storage sheds playhouses and similar uses provided the projected roof area does not exceed 120 s.f. and the height of said buildings does not exceed 10 feet at peak of roof. Condemned Buildings Demolition of the Whole or 1 BD, PD Part of Building, Factory Built Structures, or Manufactured Housing Additions & Additions & alterations 1, 2, 3, 4, 6, 9, 10 BD, EH, PD, EG X Alterations to Exterior involving bedroom, Construction & On bathroom, kitchen, living Site Accessory room, or other accessory Construction rooms Additions & alterations 1, 2, 3, 4, 5, 6 BD, PD, EH, EG X involving an attached or detached garage or shop Non-structural X sidewalks/slabs Chapter III: Building Resolution: January 1, 2010 Page 37 CLASSIFICATION OF SPECIFIC PROJECTS NO PERMIT (S) REVIEW SITE PLAN PROJECTS PERMIT REQUIRED REQUIRED REQUIRED REQUIRED Additions & Decks and Patios not over X Exterior Construction 30 inches above grade with & no permanent construction On Site Accessory above the floor line Construction Decks, Entry Porches, Etc. 1, 3 BD, PD X Retaining Walls, over 4 feet 1,11 BD, EG X in height (Engineering Required) Fences over 6 feet in height 1,11 BD, PD,EG X Fences used for Agricultural X purposes only or those fences under 6 feet in height Erection of Exterior Signs 7,11 BD, PD,EG X (Except as Exempt in Zoning Resolutions) All Non-Structural X Landscaping Exterior Repair & Replacement of Roof 1 BD Replacement &/or Addition Repair or Replacement of X Exterior Siding Replacement or Addition of 1 BD Exterior Window Repair of Existing Exterior 1 Window Addition of Exterior Door 1 BD, PD Repair or Replacement of 1 Existing Exterior Door Interior Repair & Repair or Replacement of X Replacement &/or floor covering Addition Painting, Papering or Similar X Finish Work-Exterior or Interior Installation of Wood burning 4 BD Stove or Fireplace Chapter III: Building Resolution: January 1, 2010 Page 38 FEES TABLE 2 -Building Permit Fees. Each applications hall include an additional plan review fee equal to 65% of Permit Fee. Total Valuation Fee $1.00 to $500.00 $27.50 $501.00 to 2,000.00 $27.50 for the first $500.00 plus $3.60 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $80.25 for the first $2,000.00 plus $16.30 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $456.75 for the first $25,000.00 plus $11.75 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $745.50 for the first $50,000.00 plus $8.15 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1150.00 for the first $100,000.00 plus each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $3738.00 for the first $500,000.00 plus $5.55 for each $1,000,000.00 additional $1,000.00, or fraction thereof to and including $1,000,000.00 $1,000,001.00 and up $6480.00 for the first $1,000,000.00 plus $4.30 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours ........................................ ..................................... $55.00 per hour (minimum charge 2 hours) 2. Re-inspection fees .............................................................. $100.00 3. Inspections for which no fee is specifically indicated ................$55 per hour 4. Additional plan review required by changes, additions or revisions to plans .... ............................................................................ our . 55 per h 5. For use of outside consultants for plan checking and inspections, or both ........ ...........................................................................Actual costs 6. Requests for specialized reports will be charged (1/2 hour minimum) ............ ...........................................................................$55 per hour 7. Moving or demolishing any building or structure ..............$55 per inspection Chapter III: Building Resolution: January 1, 2010 Page 39 TABLE 3 -WILDFIRE FEES Inspections are not necessary for properties with a low hazard rating. Inspections: Three (3) field inspections and One (1) hour plan review time ...............................$200.00 Additional inspections ..........................................................$55 per inspection TABLE 4 -Fire Sprinkler Systems and Fire Alarm Systems. Each application shall include an additional plan review fee equal to 65% of Permit Fee. Total Valuation $1.00 to $500.00 $501.00 to 2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 and up Fee $26.00 $26.00 for the first $500.00 plus $3.40 for each additional $100.00, or fraction thereof, to and including $2,000.00 $76.25 for the first $2,000.00 plus $15.50 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $435.00 for the first $25,000.00 plus $11.15 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $710.00 for the first $50,000.00 plus $7.75 For each additional $1,000.00 Other Inspections and Fees: 1. Inspections outside of normal business hours ..................................................... ....................................$55.00 per hour (minimum charge 2 hours) 2. Re-inspection fees ...............................................................$100.00 3. Inspections for which no fee is specifically indicated ............$55.00 per hour 4. Additional plan review required by changes, additions or revision to plans...... .......................................................................$55.00 per hour 5. For use of outside consultants for plan checking and inspections, or both ........ ...........................................................................Actual Costs 6. Requests for specialized reports will be charged (1/2 hour minimum) .............. .......................................................................$55.00 per hour TABLE 5 -Factory built, Manufactured Housing/Mobile Home Single Wide Unit (includes 2 inspections and 1 hour plan review) ...................$140.25 Double Wide Unit (includes 3 field inspections and 2 hour plan review)............$233.75 Chapter III: Building Resolution: January 1, 2010 Page 40 TABLE 6 -Mechanical Permit Fees Total Valuation Fee $1.00 to $2,000.00 $40.00 $2,001.00 to $25,000.00 $40.00 for the first $2,000.00 plus $20.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 and up $500.00 for the first $25,000.00 plus $10.00 for each additional $1,000.00 or fraction thereof Re-inspection fees .........................................................................$100.00 Total Valuation shall be actual value of work or calculated at a minimum 5°Io of the building valuation. Fireplaces shall require a separate permit based on the valuation of the work for the fireplaces. TABLE 7 -Plumbing Permit Fees Total Valuation Fee $1.00 to $2,000.00 $40.00 $2,001.00 to $25,000.00 $40.00 for the first $2,000 plus $20.00 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 and up $500.00 for the first $25,000.00 plus $10.00 for each Additional $1,000.00, or fraction thereof Re-inspection fees .......... .................................................................$100.00 Total Valuation shall be actual value of work or calculated at a minimum 5°Io of the building valuation. Chapter III: Building Resolution: January 1, 2010 Page 41 TABLE 8 -Electrical Permit Fees A. Residential (Single Ownership Residence) This fee (based on the enclosed living area only, includes construction of, or remodeling or addition to a: single family home, duplex, condominium, town house. If you are ONLY changi~ig or providing a service and not wiring any portion on the above, see section B below for correct permit fee. Not more than 1,000 square feet ....................................................$115.00 Over 1,000 square feet and not more than 1,500 square feet .................. $172.50 Over 1,500 square feet and not more than 2,000 square feet .................. $230.00 Per 100 square feet in excess of 2,000 square feet ................................$11.50 B. All Other Fees Including service hookups to modular home and temporary construction meters, shall be computed on the dollar value of the electrical installation, including time and materials, whether they are provided by the contractor or the property owner. Such fees shall be computed as follows: (See Section C for the fees for inspections in mobile home and travel parks) Valuation of work: (Actual cost to customer) Fee $1.00 to $2,000.00 $115.00 $2,001.00 and above...$11.50 per thousand or fraction thereof plus $115.00 C. Mobile home and travel trailer parks, per space ................................ $115.00 D. Re-inspection fee for all of the above ................................................ $55.00 E. Temporary power permits ..............................................................$57.50 F. For issuing each transfer permit ......................................................$20.00 G. Other Inspection fees Inspections outside of normal business hours (minimum 2 hour) ............$55.00 per hour Re-inspection fee ..............................................................................$55.00 Inspections for which no fee is specifically indicated (minimum 1 hour) ..$55.00 per hour Additional plan review required by changes, additions or revisions to approved plans (minimum 1 hour) .........................................................$55.00 per hour TABLE 9 -Grading Permit Fees A. Grading permit fees. 50 cubic yards or less $26.00 Chapter III: Building Resolution: January 1, 2010 Page 42 51 to 100 cubic yards $41.00 101 to 1,000 cubic yards $41.00 for the first 100 cubic yards plus $19.25 for each additional 100 cubic yards or fraction thereof 1,001 to 10,000 cubic yards $214.00 for the first 1,000 cubic yards, plus $16.00 each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic yards $358.00 for the first 10,000 cubic yards, plus $73.00 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more $1111.00 for the first 100,000 cubic yards, plus $40.25 for each additional 10,000 cubic yards or fraction thereof B. Grading plan review fees 50 cubic yards or less No fee 51 to 100 cubic yards $26.00 101 to 1,000 cubic yards $41.00 1,001 to 10,000 cubic yards $54.25 10,001 to 100,000 cubic yards $54.25 for the first 10,000 cubic yards, plus $27.00 for each additional 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic yards $297.00 for the first 100,000 cubic yards, plus $14.75 for each additional 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $442.50 for the first 200,000 cubic yards, plus $8.00 for each additional 10,000 cubic yards or fraction Thereof Other inspections and fees Inspections outside of normal business hours (minimum 2 hours) .......$55.00 per hour** Re-inspection fees ...............................................................$55.00 per hour** Inspections for which no fee is specifically indicated (minimum'/s hour) ................... .............................................................................$55.00 per hour** Additional plan review required by changes, additions or revisions to approved plans ...... (minimum'/z hour) ......................................................$55.00 per hour** 1. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Chapter III: Building Resolution: January 1, 2010 Page 43 TABLE 10 A-VENT AND SOLID-FUEL BURNING STOVE CHIMNEY ENCLOSURE llRYWALI.10'I HE LPPER GDGI: OY 7fIG TOP PLATE ROOF LINE: ALL WALL. Si'RFACGS ON TRIG IN'1'GRIOR FNCLOSi1RE MUS"f BG COVERED W'ItH 58'IYPE'C GYPSUM I30ARD AND F[Rii FAPfiD O"I"PIER ASSIiMBL1I;S MAY BE AYYROVED BY THE BL"II.,DIi\G OFFICI:~I. PACTORY BLIII:F I IR[ PLACL%STOVF 1NS1~AI_I_I~:1) PI~:K MANI;PAC~I~URLR'S SPECIF'[CAI IONS F:NCLOSI=RF ANU G~'PSUM BOARD F.X I~GND TO THE I'LOOR Chapter III: Building Resolution: January 1, 2010 Page 44 EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS December 8, 2009 Consent Agenda Items -Resolutions L ,~y A. Resolution for the Approval of the Planned Unit Development Sketch Plan for The Tree Farm Planned Unit Development, (Eagle County File No. PDS-1567) Scot Hunn This file was heard and approved by the BOCC on 09/01/09 B. Resolution for the Approval of the Modification for the Eagle Countv Building Resolution, (Eagle County File No. LUR-2500) Dan Stanek This file was heard and approved by the BOCC on 11/17/09 Consent Agenda Items- Plats None i<k~ I~m~~~ml~u~ ~tib ~~ ~/o TABLE 11 -Address Sign Requirements An addressing sign board will be required at all building sites for construction permitted through the Eagle County Building Division. A County Sign permit is not required in this case. This requirement will help County Building Inspectors, as well as subcontractors and suppliers, find the job site The dimensions shown are intended as guidelines only. Your sign must be legible and visible from the road that serves your driveway. PERMIT NO. RES (COM) 00-00-0000 OWNERS NAME ADDRESS 1234 YOUR STREET LOT # BLOCK # FILING # CONTRACTOR'S NAME Chapter III: Building Resolution: January 1, 2010 Page 45