Loading...
HomeMy WebLinkAboutR82-024 Amendment and Readoption of Building Resolution and Electrical and Fire4W RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 82- Q1_1 IN RE THE MATTER OF THE AMENDMENT AND READOPTION OF THE BUILDING RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1973, AS AMENDED, AND THE ADOPTION BY REFERENCE OF THE NATIONAL ELECTRICAL CODE OF THE NATIONAL FIRE PROTECTION ASSOCIATION, 1981 EDITION. WHEREAS, Section 30 -28 -201 et se g., C.R.S. 1973, as amended, provides that the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board ", may adopt codes and /or resolutions regulating the construction or alteration of dwellings, buildings, and structures, together with plumbing and electrical instal- lations therein or in connection therewith; and WHEREAS, pursuant to Section 30 -28 -204, C.R.S. 1973, as amended, the Board from time to time by resolution may alter and amend any county building code after public hearing, notice of which hearing shall be given by publication once weekly for four consecutive weeks in a newspaper of general circulation in the county. In no case shall the area covered by the building code be extended or changed unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commis- sion. Unless the county planning commission acts within thirty days, approval shall be assumed. The opinion of the county planning commission shall be advisory only and not binding upon the Board; and 1 WHEREAS, on April 7, 1982, the Eagle County Planning Commission did consider an amendment to the Building Resolution of the County of Eagle, Colorado, 1973, as amended, as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, on May 3, 1982, a public hearing was held before the Board to consider the adoption of the amendment set forth in Exhibit "A "; and WHEREAS, notice stating the time and place of the public hearing was duly given by publication once weekly for four consecutive weeks in the Eagle Valley Enterprise on April 1, 1982, April 8, 1982, April 15, 1982, and April 22, 1982, respectively; and WHEREAS, the Board hereby determines that this Resolution is necessary and proper for the protection of the public health, safety, welfare, morals, and best interests of the citizens of Eagle County. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Building Resolution of the County of Eagle, State of Colorado, 1973, as amended, is hereby amended as set forth in Exhibit "A ". THAT, the entirety of the Building Resolution of the County of Eagle, State of Colorado, 1973, as amended, and as herein amended, is hereby readopted. THAT, this amendment and readoption of the Building Resolution of the County of Eagle, State of Colorado, 1973, as amended, shall not constitute or be construed as a waiver of any violations existing at the time of adoption of this Resolution. 2 THAT, no person shall commence or continue any work in respect to any building, structure, or mobile home, or any sewage disposal system in violation of the provisions of this Resolution. Any such violation shall be deemed a nuisance. THAT, any person who violates the provisions of this Resolution is liable upon conviction to a fine of not more than one hundred dollars, 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 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 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. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached exhibit, be declared by a court of the 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, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County. THAT, the provisions of this Resolution shall be deemed 3 in full force and effect upon execution of this Resolution by the Board. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, State of Colorado, at its regular meeting held the 5,-j day of May, 1982. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: By: ler of the and Dale F. Grant, Chairman Keith Troxel, Commissioner Dan Williams, Commissioner M Cj EXHIBIT "A" TO RESOLUTION No. 82- AW (AMENDMENT TO THE BUILDING RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1973, AS AMENDED) 1. Section 2 entitled "Application ", Subsection (1) , is hereby amended to read as follows: "(1) The Uniform Building Code of the Inter- national Conference of Building Officials, 1979 Edition, with Appendices and the 1980 Supplement; the Uniform Mechanical Code of the International Conference of Building Officials, 1979 Edition, with Appendices; the National Electrical Code of the National Fire Protection Association, 1981 Edition, with Appendices, the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, 1979 Edition; and the State of Colorado Energy Conservation Standards, 1979 and any and all amendments to said Codes and /or Standards as of the date of the execution of this Resolution, are hereby adopted by this reference and incorprated herein as if set forth in full herein; and shall apply to all dwellings, buildings and structures located in the area of the County of Eagle outside of incorporated towns, hereinafter referred to as the "regulated area ", unless otherwise provided. Said codes and /or standards set forth in this subsection (1) shall be available from the Building Official, Department of Community Development, County of Eagle, McDonald Building, 550 Broadway, Eagle, Colorado 81631." 5 co 'e 2. Section 5 entitled "Definitions ", subsection (4) is hereby amended to read as follows: "(4) 1979 CODE shall mean the Uniform Building Code of the International Conference of Building Officials, 1979 Edition with Appendices and the 1980 Supplement; Uniform Mechanical Code of the International Conference of Building Officials, 1979 Edition with Appendices; Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, 1979 Edition; National Electrical Code of the National Fire Protection Association, 1981 Edition, with Appendices, the State of Colorado Energy Conservation Standards, 1979, and all amendments to said Codes and /or Standards as of the date of the execution of this Resolution and as set forth in Section 6 of this Resolution.