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HomeMy WebLinkAbout20100467.tiff Esther Gesick t .C:Pc- ,p From: Kenneth Swanson ,ZAd � �1 Sent: Friday, December 18, 2009 1:04 PM V To: Esther Gesick Cc: Trevor Jiricek Subject: FW: Code change Attachments: chpt29permitexpchanges(2).doc Esther, Attached is our proposed changes for the 2nd reading. Thanks, Ken Swanson ext. 3548 Original Message From: Peggy Gregory Sent: Friday, December 18, 2009 10:44 NI To: Kenneth Swanson Subject: Code change Peggy Gregory Building Compliance Officer Weld County Building Department (970) 353-6100 Ext. 3568 2010-0467 0,2,0 aooy.-42_ 1 Proposed Chapter 29 code changes Sec.29-8-40. Expiration of permit. A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. The expiration date for the building permit shall be specified on the permit in accordance with Table 29.2, below. Table 29.2 Expiration of Building Permits Valuation of Building Permit Utilization Period $1,000 or less 3 months $1,001 —10,000 6 months $10,001—200,000 12 months $200,001—1,000,000 24 months $1,000,001 —2,000,000 30 months $2,000,001-10,000,000 36 months $10,000,001 and over Letter B. Exceptions. When a permit is issued, the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. If the building or work authorized by a building permit has not received final inspection on or before by the permit expiration date, all work shall cease stop until a new permit is issued. ' ll ` tit '. T—ee time, The permittee shall be eligible to apply for one (1) new permit upon the payment of with foil-permit fees to cover direct Weld County costs.and The expiration date shall be determined by the scope of work to be completed. No extensions shall be approved on the second permit. If the second permit expires prior to final approval or certificate of occupancy, the violation process will proceed and the case will be heard by the Board of County Commissioners to determine if a new permit will be issued, the permit fee, and the expiration date. Sec. 29-8-45. Extension of time for building permit. A. The building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the building permit one (1) time, for a period not to exceed the original utilization period done hundred eighty (180) calendar days. Such request shall be submitted in writing and include the applicant's name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A processing fee shall be charged if a building permit extension is granted. B. If the building permit expires before a request is submitted for an extension, an extension shall not be granted. To proceed with the same project, the following process shall be required: B. If the work authorized by a building permit which has been extended has not received final inspection by the permit expiration date, all work shall cease, the permittee will be deemed in violation of the Weld County Code, and the matter will be scheduled at a violation hearing before the Board of County Commissioners of Weld County to determine whether the permittee may obtain a new permit. If the permit is approved, the Board shall determine the fee to be paid and shall establish the permit's expiration date. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Code Ordinance#2009-12 PLANNER: Roger Vigil REQUEST: In the Matter of Repealing and Reenacting, with Amendments, Chapter 29 Building Regulations be recommended favorably to the Board of County Commissioners for the following reasons: See attached documents. Motion seconded by Mark Lawley. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 3, 2009. Dated the 3rd of November, 2009. Kristine Ranslem Secretary CHAPTER 29 Building Regulations Article I General Provisions Sec.29-1-10 Purpose,scope and authority Sec. 29-1-20 Definitions Article II Code Standards Sec.29-2-10 Standards Sec.29-2-20 International Building Code Sec.29-2-30 International Residential Code Sec.29-2-40 International Mechanical Code Sec. 29-2-50 International Plumbing Code Sec. 29-2-60 International Fuel Gas Code Sec. 29-2-70 National Electrical Code Sec.29-2-80 Uniform Code for the Abatement of Dangerous Buildings Sec.29-2-90 International Energy Conservation Code Sec. 29-2-95 Uniform Swimming Pool Spa and Hot Tub Code Sec.29-2-100 State and federal requirements Sec. 29-2-110 Mobile and manufactured home installation standards Sec. 29-2-120 Area of special flood hazards standards Sec.29-2-130 Repealed Article III Building Permits Sec. 29-3-10 Building permit required Sec. 29-3-20 Exemptions Sec. 29-3-30 Application to existing buildings and structures Sec.29-3-40 Additions,alterations or repairs Sec. 29-3-50 Existing use or occupancy Sec.29-3-60 Maintenance Sec.29-3-70 Moved buildings Sec.29-3-80 Temporary buildings Sec. 29-3-90 Historic buildings Sec. 29-3-100 Repealed Sec. 29-3-110 Permit application Sec. 29-3-120 Plot plan Sec.29-3-130 Submittal documents Sec.29-3-140 Inspection and observation program Sec. 29-3-150 Information on plans and specifications Sec. 29-3-160 Zoning compliance Sec.29-3-170 Approval and issuance of permit Sec. 29-3-180 Partial permit Sec.29-3-190 Retention of plans Sec.29-3-200 Fees Sec.29-3-210 Valuation Sec.29-3-220 Plan review fees Sec. 29-3-230 Expiration of plan review Sec. 29-3-240 Investigation fee Sec. 29-3-250 Reinspection fee Sec. 29-3-260 Fee refunds Sec. 29-3-270 Conduct of building permit inspections Sec.29-3-280 Certificate of occupancy Sec.29-3-290 Manufactured home certificate of occupancy Sec. 29-2-95 Uniform Swimming Pool, Spa & Hot Tub Code The publication of the International Association, of Plumbing and Mechanical Officials known as the Uniform Swimming Pool, Spa& Hot Tub Code,2006 Edition excluding chapters 4, 5,and 6 are incorporated by this reference as a part of this Building Code for the purpose of providing minimum requirements and standards for the inspection of swimming pool, spa and hot tub and issuance of swimming pool, spa and hot tub permits in the County, with the following amendments: A. References within this code to UPC shall be considered amended to read IPC. B. Amend Sec 309.4 to read: All pool spa and hot tub suction outlets shall be listed to Standard ANSUAPSP-7 for suction entrapment avoidance. SL. -Q9 -.;2 - 3c Minimum#3 rebar shall be spaced vertically every four feet. Vertical rebar is extended into the footing. The bottom of the foundation shall be a minimum of thirty inches (30") below grade. Anchor bolts shall be installed as per Section 2308.3.3 of the IBC." R. Add Section R401.1.1 Exception 1.2: "Horizontal rebar is not required for stem walls less than four feet in height. Minimum#3 rebar shall be spaced vertically every four feet (4'). Vertical rebar is to extend into the footing. In place of the vertical rebar,a keyway may be inserted into the footing. Anchor bolts shall be installed as per Section 2308.3.3 of the IBC." S. Add Section R401.1.1 Exception 2: "When there is no evidence of unstable or expansive soil conditions,detached garages and accessory buildings no larger than 3,000 square feet with wood framing and no brick or masonry, may use a monolithic foundation with an eight-inch-thick footing which extends six inches(6")above grade and twelve inches(12")below grade. Two#4 reinforcement bars shall be installed horizontally along the footing, one four to six inches above the bottom of the footing. The second is to be installed above grade two inches below the top of the slab in the thickest portion of the foundation. The slab shall be a minimum of three and one-half inches (3'/z") thick. Anchor bolts shall be installed as per Section 2308.3.3 of the IBC." T. Add Section R401.1.1 Exception 2.1: "An addition or attached garage may be installed on a monolithic foundation with an eight-inch footing that extends thirty inches(30")below grade. The footing will have continuous#4 rebar top and bottom equally spaced. Concrete shall extend six (6") above grade with a thickened edge and a minimum three-and-one-half-inch slab. Anchor bolts shall be installed as per Section 2308.3.3 of the IBC." U. Add Section R401.1.1 Exception 3: "When there is no evidence of unstable or expansive soils or signs of settling, additions that are added onto an existing mobile or manufactured home that is blocked and tied down and not on a permanent foundation, may use a monolithic foundation as described in Section 29-2-20 of the Weld County Code. Such additions shall not exceed the size of the mobile or manufactured home and there shall be no evidence of unstable or expansive soil conditions." V. Add Section R401.1.1 Exception 5: "Pole structures that meet the standards set forth by the Weld County Building Inspection Department shall not be required to meet the requirements of Section 29-2-20 .R of the Weld County Code or have the structure engineered. Drawings for pole structures must be submitted and approved before the structure is erected and before a building permit is issued. (Drawings are not required for buildings that qualify as agricultural exempt, as defined in Section 29-3-20.B.13 of the Weld County Code.)" W. Part VIII - Electrical. This chapter governs the electrical components, equipment and systems used in buildings and structures covered by this code. Electrical components, equipment and systems shall be designed and constructed in accordance with the provisions ofthc adopted National Electrical Code.Other references within this code regarding electrical shall he considered amended to read the adopted National Electrical Code." (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2003-11; Weld County Code Ordinance 2007-2) Proposed Chapter 29 code changes Sec. 29-8-40. Expiration of permit. A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. The expiration date for the building permit shall be specified on the permit in accordance with Table 29.2, below. Table 29.2 Expiration of Building Permits Valuation of Building Permit Utilization Period $1,000 or less 3 months $1.001—10,000 6 months $10.001—200,000 12 months $200,001 — 1,000,000 24 months $1.000,001 —2,000,000 30 months $2,000,001 — 10,000.000 36 months $10.000,001 and over Letter B. Exceptions. When a permit is issued,the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. If the building or work authorized by a building permit has not received final inspection by the permit expiration date, all work shall cease stop until a new permit is issued. and a violation will be initiated. To continue, the permittee shall be eligible to apply for one (1) new permit with fees that cover direct Weld County costs and the expiration date shall be determined by the scope of work to be completed. No extensions shall be approved on the second permit. If the second permit expires prior to final approval or certificate of occupancy, the violation process will proceed and the case will be heard by the Board ofCounty Commissioners to determine ifa new permit will be issued, the permit fee, and the expiration date. Sec. 29-8-45. Extension of time for building permit. A. The building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the building permit one (1) time, for a period not to exceed one hundred eighty(180) calendar days. Such request shall include the applicant's name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A processing fee shall be charged if a building permit extension is granted. If the building permit expires before a request is submitted for an extension, an extension shall not be granted. To proceed with the same project, the following process shall be required: B. If the work authorized by a building permit which has been extended has not received final inspection by the permit expiration date, all work shall cease, the permittee will be deemed in violation of the Weld County Code, and the matter will be scheduled at a violation hearing before the Board of County Commissioners of Weld County to determine whether the permittee may obtain a new permit. If the permit is approved, the Board shall determine the fee to be paid and shall establish the permit's expiration date. I I - 3 -C. documents for the USR. He added that this is a non-conforming permit. The airport has been in place before the Weld County Code was enacted. At the County Commissioner meeting a year ago it was determined that the activities which were undertaken at this site were indeed ascribable to maintenance and just general upkeep of the property. Therefore the County Commissioners voided the violation charge and Mr. Land was free to continue the uses he was doing at the time. At the County Commissioners suggestion, Mr. Land submitted his application. His paperwork is up to date with the FM. The Chair closed the public portion. The Chair asked if any of the Planning Commissioners wished to pull this case from the consent agenda. No one wished to speak. Robert Grand moved to approve the Consent Agenda which includes Cases USR-1714,AmUSR-485, USR- 1715 and USR-1705 and that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Bill Hall. The Chair reminded the audience that the hearing before the Board of County Commissioners for Case USR- 1705 is on November 18, 2009 at 10:00 a.m. at 915 10th Street. The Chair read the following case into record. CASE NUMBER: Code Ordinance#2009-12 PLANNER: Roger Vigil REQUEST: In the Matter of Repealing and Reenacting, with Amendments, Chapter 29 Building Regulations Roger Vigil, Building Inspection,stated that he has three items for consideration. The first item is the adoption of the 2006 Uniform Swimming Code with amendments. The second item is an amendment to Section 29-2- 30 which is the electrical section of the International Residential Code and the third item is the amendment to Section 29-8-40 regarding the expiration of building permits. There has been a work session with the Board of County Commissioners. He added that there was also a meeting with the Building Trades Advisory Group. Mr. Vigil commented that the Uniform Swimming Code was not included in Chapter 29 previously. Section 309.4 is amended to include the ANSI Standard,which is a federal standard that has come because of deaths caused by suction entrapment. Mr. Vigil said that the proposed change to Section 29-2-30 is W. Part VIII — Electrical is part of the International Residential Code. He said that the reason for this change is that the International Residential Code and National Electric Code are written so that they overlap cycles. Right now we are on the 2006 International Residential Code which by reference goes by the 2005 National Electric Code;however we have adopted the 2008 National Electric Code. This will always put the International Residential Code on the same cycle with the National Electric Code. The next item for consideration is Section 29-8-40 in regard to expiration of permits. The reason for the proposal is to close the loop hole for permit holders who are not finishing work by obtaining multiple permits. There are a number of problem permits that people just buy a permit and not finish the work. Commissioner Lawley asked why we would charge them the full permit fees rather than an administrative fee for issuing the permit. Mr.Vigil said that right now we are collecting a minimal amount and that doesn't seem to motivate people to finish their work. He added that they feel that if the permit holder is required to pay the full permit fee it is an incentive for them to complete their work. Peggy Gregory, Building Compliance Officer, commented that prior to June of 2006 the expiration date was 180 days as long as an inspection was done every 180 days;therefore they were finding a lot of old permits. Since then the code was changed to read that they could get a new permit with one extension and then it would expire and now we are running into problems with that. Staff felt that if we made it so that they realize what they are facing up ahead it gives them an incentive to finish their work. She added that most of the time it is electrical permits or finishing a few inspections on an addition to a house. Commissioner Grand asked if there is any effort made if there are extenuating circumstances where they just can't finish the project. Ms. Gregory said that they do work with the permit holders and ask them to submit a letter stating what the situation is and that they are not going to continue any work until a new permit is issued. Commissioner Lawley said that he is not concerned about cleaning up the process, rather he is concerned with charging them a full permit fee. A permit fee is designed for plan reviews and building inspections. He believes that there is a mechanism in what is being proposed to deal with those people who are not compliant by allowing a second permit and then if they are not done they are forwarded to the Board of County Commissioners. He said that he is concerned that they are being charged a new permit fee and the only rationale behind it is that it is suppose to get them in compliance. Ms.Gregory commented that a plan review fee would not be charged, only the building and electrical fees would be charged again. Commissioner Lawley understood the proposal but doesn't agree with charging another fee. However if there are fees tied up in inspections he feels that the County should recuperate those costs. He said that charging them another fee will not get them in compliance most likely. Commissioner Grand agreed with Mr. Lawley. The Chair asked if the Planning Commission needs to make suggestions or if they need to amend the proposal. Cyndy Giauque, County Attorney, commented that at this point suggestions need to be made. She added that you make recommendations to the Board of County Commissioners and it is sufficient to state your concerns. Commissioner Lawley suggested amending Section 29-8-40.C by replacing "full permit fees"with "fees that cover direct Weld County costs". Robert Grand moved that Ordinance 2009-12 along with the amendment to Section 29-8-40.C be forwarded to the Board of County Commissioners along with the Planning Commission's recommendation of approval, seconded by Mark Lawley. Motion carried. The Chair asked the Planning Commission members if there was any new business to discuss. Commissioner Grand commented that he attended the Rural Task Force meeting and indicated that they looked at the issue of mitigating the amount of fee structure for small businesses. He added that he did not come away comfortable that there was something on the near horizon. Commissioner Holton said that it is going to take time to put these into the code. He added that the findings of the Rural Task Force were presented before the Board of County Commissioners yesterday at a work session and the number one concern was to make sure that same process for large industry is not followed for small businesses. He added that this is in the beginning stages of the process and it will take some time to rewrite the code and make it consistent throughout the code. Kim Ogle presented the proposed 2010 Planning Commission hearing dates. These hearing dates are held on the first Tuesday of each month. In unique situations,the third Tuesday of the month would be reserved for special meetings. Bill Hall moved to approve the 2010 Planning Commission hearing dates,seconded by Erich Ehrlich. Motion carried. Meeting adjourned at 2:30 p.m. Respectfully submitted, Kristine Ranslem Secretary NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado, for the purpose of considering amendments to certain sections of the Weld County Code, as currently amended. A subsequent First Reading will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the date and time specified below, and a Second and Third reading of said Ordinance will be considered on December 7, 2009, and December 21, 2009. The complete case file may be examined by calling the Department of Planning Services at(970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E- mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at(970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET#: 2009-72 PLANNING COMMISSION DATE: November 3, 2009 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: November 18, 2009 TIME: 9:00 a.m. PLANNER: Roger Vigil REQUEST: Code Ordinance#2009-12, In the Matter of Repealing and Reenacting, with Amendments, Chapter 29 Building Regulations, of the Weld County Code PLANNING COMMISSION WELD COUNTY, COLORADO DATED: October 9, 2009 PUBLISHED: October 15, 2009, in the Windsor Beacon V °kilo ah r Account#: 346070 Your Local Newspaper Since 1891$ Windsor Beacon -LT A TC TIC relLORADO ) NOTICE )ss:AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of Colorado and the Weld WELD County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room,Weld County Planning De- partment,918 10th Street,Greeley,Colorado,for the purpose of con- sidering amendments to certain sections of the Weld County Code,as currently amended. A subsequent Rrst Reading will be held in the Chambers of the Board of County Commissioners of Weld County, Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Colorado,Weld County Centennial Center, Greeley,Colorado 80631.at the date and time specified below,and a ion; that the same is a weekly newspaper of general circulation and printed and Second and Third reading of sad Ordinance will be considered on De- town of Windsor, in said county and state; that the notice or advertisement, of De- cember 7,2009,and December 21,2009. The complete case file may be examined by calling the Department of ed is a true copy,has been published in said weekly newspaper for Planning Services at(970)353-6100 to make arrangements with the rasa rsza planner,or at the office of the.Clerk to the Board of County Com- missioners, Weld County Centennial Center, 915 10th Street, Third k; Floor,Greeley,Colorado 80631. E-Mail messages sent to an indMdual Commissioner may not be included in the case file. To ensure inclusion. of your E-Mail correspondence into the case file prior to the Planning as published in the regular and entire issue of every number of said newspaper Commission hearing,please cat the Department of Planning Services d and time of ublication of said notice, and in the newspaper proper and not in a to obtain the appropriate contact information. For inclusion of any cor- respondence P prior to the Board of Commissioners hearing E-mail eof; that the first publication of said notice was contained in the issue of said egesick@co.weld.co.us. If a court reporter is desired for either hearing,please advise the De- partment of Planning Services or the Clerk to the Boards Office,in writing,at least five days prior to the hearing. The cost of engaging a court reporter shall be bome by the requesting party. In accordance day,October 15,2009 with the Americans with Disabilities Act,if special accommodations are the required o�mentof r PanronngServices at(970)e 33 hearing,Exxt.3519,or the lication thereof was contained in the issue of said newspaper on Clerk to the Board's Office at(970)336-7215,Ext.4226,prior to the day of the hearing. AN cases scheduled before the Planning Commis- sion or Board of County Commissioners are subject to continuance, 'day,October 15,2009 due to lack of quorum or otherwise. Contact the Department of Plan- ning Services or the Clerk to the Boards Office at the numbers above, or Beacon has been published continuously and uninterruptedly during the period for hearing continuance information. DOCKET#:2009-72 months next prior to the first publication of said notice or advertisement above PLANNING COMMISSION DATE:November 3,2009 TIME: 1:30 p.m. said newspaper has been admitted to the United States mails as second-class matter BOARD OF COMMISSIONERS DATE:November 18,2009 isions of the Act of March 3, 1879, or any amendments thereof; and that said TIME: 9:00 a.m. PLANNER:Roger Vigil daily newspaper duly qualified for publishing legal notices and advertisements REQUEST:Code Ordinance#2009-12,In the Matter of Repealing and I of the laws of the State of COlOradO- Reenacting,with Amendments,Chapter 29 Building Regulations,of the n g Weld County Code - PLANNING COMMISSION WELD COUNTY,COLORADO DATED:October 9,2009 PUBLISHED:October 15,2009,in the Windsor Beacon .-6 /;(%);e12/ J 0034144440 / Legal Clerk Subscribed and sworn to before me,within the County of Weld, State of Colorado this Wednesday,October 14,2009 My Commission expires: 04/0 7 /d of o 0°ON1ilCriiii •2".• ^✓o Notary Public Z: - oo _ *c :h Legal No.0034144440 • 0'• Alin\ ' :'O@ Delivered t�/i�j�yyF/OFl Col`OpO Invoice Text NOTICE Pursuant to the zoning laws WELD-COUNTY PLANNING, 918 10TH ST Affidavit Prepared GREELEY,CO 80631-1118 Wednesday,October 14,2 12:48 pm Hello