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Help & SupportChapter 10-1: Definitions17
(a) The following terms used in this title have the following meanings unless the context clearly indicates otherwise:
"Accessible" means, with respect to energy conservation measures, able to be modified to comply with this code at reasonable expense. The city manager shall determine the reasonableness of any expense after submission of evidence by the owner and a request for such determination. In such regard, the manager shall take account of the payback period for the measure, its contribution to the capital value of the dwelling unit, and whether or not the measure can be financed.
"Air infiltration" means the leakage of air through cracks in a building, including, without limitation, cracks associated with doors, windows, baseboards, penetrations for entry of pipes and wires, and places where dissimilar materials meet.
"Approved" means approved by the city manager to serve the purpose for which it is intended to be used.
"Approved semi-rigid tubing connector" means a flexible metal pipe connecting a gas residential dryer or range, if it meets the requirements of and is installed in accordance with the city mechanical code, or, if it is a commercial gas dryer or range, it is a connector supplied with the appliance from the manufacturer, or is an equivalent commercial grade flex connector, and is installed in accordance with the manufacturer's instructions.
"Approved sewer system" means a sewer system authorized by the city manager to be connected to the municipal waste water system or by the Boulder County Health Department to be connected to a properly constructed individual sewage disposal system.
"Approved water system" means a water system authorized by the city manager to be connected to the municipal water system or by the Boulder County Health Department to be connected to a potable water system.
"ASTM" means American Society for Testing Materials.
"Baseline inspection" as used in chapter 10-3, "Rental Licenses," B.R.C. 1981, means a physical inspection of a dwelling unit performed by a licensed rental housing inspector for the purpose of determining compliance with all required items specified on a rental housing inspection checklist developed by the city manager based on the requirements of chapter 10-2, "Housing Code," B.R.C. 1981, and provided by the manager to property owners, tenants, housing inspectors, and the public upon request. The safety inspection is a component of every baseline inspection.
"Basement" means any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a story as that term is used in chapter 10-2, "Housing Code," B.R.C. 1981.
"Caulk" means material designed to reduce air infiltration and having an estimated effective life exceeding five years.
"Cellar" means that portion of a dwelling that is located partly or wholly below grade and has half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground abutting the exterior walls of the dwelling unit.
"City of Boulder Valuation Data Table" means a table of square foot construction values based on type of construction and use issued by the city manager and effective when published on the city's website with a copy provided to the city clerk. The city manager shall use cost data published by a national organization which compiles and publishes such data, as increased by a factor of 1.15 to adjust national values to reflect values in the city.
"Cleanable" means having a smooth, hard surface that is free from unsealed breaks and impervious to the amount of water that would be used in cleaning.
"Condominium unit" means a form of property ownership of airspace, as defined in section 38-33-103, C.R.S.
"Cooking device" excludes, where cooking devices are prohibited or excluded in this section or in chapter 10-2, "Housing Code," B.R.C. 1981, one microwave oven unit or one microwave oven unit combined with a refrigerator-freezer.
"Door" means an opening in a solid wall for the ingress and egress of persons, including, without limitation, doorways, lintels or headers, casing, frames, sills, and doors with or without glazing.
"Draft diverter" means a device attached to or made part of the vent outlet from an appliance and designed to: insure the ready escape of products of combustion in the event of no draft, back draft, or stoppage in the vent or flue beyond the draft hood; prevent a back draft from entering the appliance; and neutralize the effect of stack action of the flue upon operation of the appliance.
"Dwelling" means any building, structure, or other housing accommodation that is wholly or partly used or intended to be used for living or sleeping by human occupants, but excludes temporary housing.
"Dwelling unit" means one room or rooms connected together for residential occupancy and including bathroom and kitchen facilities. If there is more than one meter for any utility, address to the property, or kitchen; or if there are separate entrances to rooms which could be used as separate dwelling units; or if there is a lockable, physical separation between rooms in the dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit, multiple dwelling units are presumed to exist; but this presumption may be rebutted by evidence that the residents of the dwelling share utilities and keys to all entrances to the property and that they: 1) share a single common bathroom as the primary bathroom, or 2) share a single common kitchen as the primary kitchen.
"Electrical convenience outlet" means a point on the electrical wiring system equipped with one receptacle box that may contain one or more receptacles to receive plugs from which current is taken to supply electrical appliances.
"Elements" means wind, rain, snow, hail, or sleet, or surface run-off water.
"Extermination" means control and elimination of insects, rodents, vermin, or other pests by eliminating their harborage and materials that may serve as their food or by taking recognized, legal methods of eliminating pests, including, without limitation, poisoning, spraying, fumigating, or trapping.
"Garbage" means putrescible animal or vegetable waste resulting from the preparation, cooking, and serving of food or the storage or sale of produce.
"Grade" means the average of the finished ground level at the center of all walls of a building. When walls are parallel to and within five feet of a sidewalk, "grade" means the sidewalk level.
"Habitable room" means a room or enclosed floor space used, intended to be used, or designed to be used for living, sleeping, eating, or cooking and excludes bathrooms, toilet compartments, closets, halls, and storage places.
"Infestation" means the presence of insects, rodents, vermin, or other pests of a kind or in a quantity that endanger health within or around a dwelling.
"Makeshift repairs" means repairs not made in accordance with the requirements of this code, any ordinance of the city, or rule or regulation adopted thereunder; accepted practices; prevailing standards; design of a licensed contractor; or manufacturer's recommendations.
"Occupant" means any person living in, sleeping in, cooking in, or possessing a building or part thereof.
"Operator" means any person who is an owner, is an owner's representative, has charge of, or controls any dwelling or parts thereof.
"Owner" means a person as defined by this code, who, alone, jointly, or severally with others or in a representative capacity (including, without limitation, an authorized agent, executor, or trustee) has legal or equitable title to any property in question.
"Qualified heating maintenance person" means a licensed professional engineer; a licensed mechanical contractor; or an employee of a regulated public utility whose duties include such inspections.
"Readily accessible" means capable of being reached safely and quickly for operation, repair, or inspection without the necessity of climbing over or removing obstacles, or using portable access equipment.
"Rental housing inspector" means a person licensed as a D-9 contractor under chapter 4-4, "Building Contractor License," B.R.C. 1981, to perform inspections under contract to owners or operators of rental housing to determine compliance with chapter 10-2, "Housing Code," B.R.C. 1981, using forms supplied by the city manager, and to certify compliance to the manager as part of the process of licensing rental housing.
"Rental property" means all dwellings, dwelling units, and rooming units located within the city and rented or leased for any valuable consideration, but excludes dwellings owned by the federal government, the state or any of their agencies or political subdivisions and facilities licensed by the state as health care facilities.
"Rooming house" means an establishment where, for direct or indirect compensation, lodging, with or without kitchen facilities or meals, is offered for one month or more for three or more roomers not related to the family of the heads of the household.
"Rooming unit" means a type of housing accommodation that consists of a room or group of rooms for a roomer, arranged primarily for sleeping and study, and that may include a private bath but does not include a sink or any cooking device.
"Safety inspection" means, with respect to any rental housing unit covered by a current rental license, a combined report of the physical and functional condition of all fuel burning appliances and their appurtenances and a tune-up of those appliances made by a qualified heating maintenance person based on the requirements of section 10-2-10, "Mechanical and Heating Standards," B.R.C. 1981, and a report on the condition and location of all smoke detectors required by this title and a trash removal plan meeting the requirements of subsection 6-3-3(b), B.R.C. 1981, made and verified by the owner or operator, on a checklist form developed by the city manager based on these requirements and provided by the manager to property owners, tenants, housing inspectors, and the public upon request.
"Sound condition" means freedom from defects that would endanger the health, safety, and welfare of the occupants of the structure, and in good working condition if applicable.
"Stairway" means all stairwells, and includes stair stringers, risers, treads, handrails, banisters, and vertical and horizontal supports.
"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the top-most floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six feet above grade for more than fifty percent of the total perimeter or is more than twelve feet above grade at any point, such usable or unused under-floor space shall be considered as a first story.
"Supplied" means paid for, furnished, provided by, or under the control of the owner or operator.
"Temporary housing" means any mobile home, camper, or other structure used for human shelter that is designed to be transportable and is not attached to the ground, to another structure, or to any utilities system.
"Trap" means a fitting or device in a plumbing system designed and constructed to provide, when properly vented, a liquid seal that will prevent the back passage of air without materially affecting the flow of sewage or wastewater through it.
"Vent" means a pipe designed to convey the product of combustion from an appliance to a flue or chimney.
"Ventilation" means not less than one square inch of area of contiguous inside and outside air for every square foot of floor space.
"Water heater insulation" means a thermal insulation blanket with a membrane facing which has a flame spread classification of no more than two hundred for an electric water heater and twenty-five for an oil- and gas-fired water heater when tested in accordance with ASTM E 84-80, or originally installed insulation integral to the water heater which provides equivalent resistance to heat loss.
"Window" means an opening in a solid wall for the interior illumination and ventilation of a structure and includes lintels or headers, casings, sills, frames, and glazing.
(b) Words defined in chapter 1-2, "Definitions," B.R.C. 1981, have the meanings there expressed if not differently defined by this chapter.
(c) For the purposes of chapter 10-2, "Housing Code," B.R.C. 1981, a word not defined in this chapter or in chapter 1-2, "Definitions," B.R.C. 1981, but defined in the International Building Code adopted in chapter 10-5, "Building Code," B.R.C. 1981, the International Residential Code adopted in chapter 10-5.5, "Residential Building Code," B.R.C. 1981, the National Electrical Code adopted in chapter 10-6, "Electrical Code," B.R.C. 1981, the codes for energy conservation and insulation adopted in chapter 10-7, "Energy Conservation and Insulation Code," B.R.C. 1981, the International Mechanical Code adopted in chapter 10-9, "Mechanical Code," B.R.C. 1981, the International Fuel Gas Code adopted in chapter 10-9.5, "Fuel Gas Code," B.R.C. 1981, and the International Plumbing Code adopted in chapter 10-10, "Plumbing Code," B.R.C. 1981, has the meaning expressed in such code if it and the housing code provision concern similar subjects.
(Ordinance Nos. 4824 (1984); 5182 (1989); 5270 (1990); 5462 (1992); 5798 (1996); 5975 (1998); 7023 (1999); 7024 (1999); 7189 (2002); 7304 (2003); 7416 (2005))
17 Adopted by Ordinance No. 4587. Amended by Ordinance No. 4623. Derived from Ordinance No. 3908.