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Chapter 10-5: Building Code1

10-5-1.  Legislative Intent. Go to the top

The purpose of this chapter is to protect the public health and safety by regulating the construction, alteration, repair, wrecking, and moving of structures in the city. The city council hereby adopts the 2012 edition of the International Building Code with certain amendments and deletions thereto found to be in the best interests of the residents of the city.

Ordinance Nos. 4984 (1986); 5177 (1989); 5493 (1992); 5781 (1996); 7566 (2007); 7622 (2008); 7925 (2013)

10-5-2.  Adoption of International Building Code With Modifications. Go to the top

(a)  The 2012 edition of the International Building Code of the International Code Council is hereby adopted by reference as the City of Boulder Building Code and has the same force and effect as though fully set forth in this chapter, except as specifically amended by the provisions of this chapter.

(b)  The appendix chapters I, "PATIO COVERS," J, "GRADING," and K, "ADMINISTRATIVE PROVISIONS," and sections contained therein are adopted.

(c)  Section 101.1, "Title," is repealed and reenacted to read:

101.1 Title. These regulations shall be known as the Building Code of the City of Boulder or building code, hereinafter referred to as "this code." Where other codes are referenced in this code, those code provisions shall not apply unless otherwise adopted by the City of Boulder. Where reference is made anywhere in this code to the "Department" or "Department of Building Safety," it shall have the same meaning as the "Division of Building Safety."

(d)  Section 101.4, "Referenced codes," is repealed and reenacted to read:

Chapter 1, "Administration," in this code shall also apply and serve as Chapter 1, "Administration," in the following codes adopted by reference in this title: Chapter 10-5.5, "International Residential Code"; Chapter 10-9, "International Mechanical Code;" Chapter 10-9.5, "International Fuel Gas Code;" and Chapter 10-10, "International Plumbing Code," B.R.C. 1981. Where administrative provisions are expressly adopted, or adopted in an altered form, for use in those chapters, they shall supersede any conflicting provisions of the administrative provisions of this chapter.

The other codes listed in sections 101.4.1 through 101.4.6 and referenced elsewhere in this code shall be considered as part of the requirements of this code as applicable.

(e)  Section 102.6, "Existing structures," is amended by addition of the following:

Existing structures and their systems, equipment, devices, installations, and safeguards shall be maintained in proper operating condition in accordance with the original design and in a safe and sanitary condition. Structures, their systems, equipment, devices, installations, and safeguards required by this code shall be maintained in compliance with the code in effect when they were installed. The owner or the owner's designated agent shall be responsible for the maintenance of the structures, their systems, equipment, devices, installations, and safeguards. To determine compliance with this provision, the city manager shall have authority to require a structure, equipment, system, device, installations, or safeguards to be reinspected.

(f)  Section 103, "Department of Building Safety," is repealed and reenacted to read:

103 Division of Building Safety

Division of Building Safety means the administrative unit established by the city manager or the manager's delegates, and the personnel assigned to the unit by the manager.

(g)  Section 104.8, "Liability," is repealed and reenacted to read:

104.8 Liability

No employee of the City who enforces, attempts to enforce, or is authorized to enforce this code renders him or herself or the City liable to third parties for any damage or injury to the person or property of such third parties as a result of the enforcement or nonenforcement of this code. The City assumes no duty of care by virtue of the adoption of this code. No person is justified in relying upon the approval of a plan, the results of an inspection, or the issuance of a certificate of inspection or occupancy, and such approvals, inspections, and certificates are not a guarantee that the plan or work so approved, inspected, or certificated in fact complies with all the requirements of this code. It is the duty of the person owning, controlling, or constructing any building or structure to insure that the work is done in accordance with the requirements of this code, and it is such persons and not the City who are responsible for damages caused by negligent breach of such duty.

(h)  Subsection 104.10.1, "Flood hazard areas," is repealed.

(i)  Section 105.2, "Work exempt from permit," is repealed and reenacted to read:

105.2 Work exempt from permit. Exemptions from the building permit requirements of this code do not grant authorization for any work to be done in violation of the requirements of this code or any other laws or ordinances of the City. Building permits shall not be required for the following:

General:

1. One-story detached nonconditioned buildings accessory to a residential structure and not more than 80 square feet in area or ten feet in height and not being served by any electrical, mechanical, or plumbing fixtures or systems.

2. Fences not over six feet high.

3. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A flammable liquids.

4. Sidewalks and driveways not more than thirty inches above grade and not over any basement or story below and which are not part of an accessible route.

5. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

6. Temporary motion picture, television, and theater stage sets and scenery.

7. Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.

8. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

9. Swings and other playground equipment accessory to detached one- and two-family dwellings.

10. Window awnings in Group R and Group U occupancies supported entirely by an exterior wall and which do not project more than 54 inches from the exterior wall.

11. Moveable cases, counters and partitions not over 5 feet 9 inches in height.

12. Replacement of windows in low-rise residential buildings that are three stories or less in height.

13. Replacement of exterior siding on low-rise residential buildings that are three stories or less in height.

14. Building energy efficiency components that (a) are required as part of a city energy efficiency program; (b) do not include any electrical, heating, ventilation, and air conditioning equipment, solar photovoltaic and solar hot water heating systems; and (c) are inspected by a HERS rater (a Home Energy Rating System rater certified through Residential Energy Services Network) or a city licensed energy inspector as defined in Chapter 4-4, "Building Contractor License," B.R.C. 1981.

Electrical:

Minor repair and maintenance work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, radio and television transmitting stations, temporary testing systems for the testing or servicing of electrical systems or apparatus and those items in Article 90.2 (B) of the electrical code.

Gas:

1. Portable heating appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance, portable cooling unit, portable evaporative cooler, or portable ventilation equipment.

2. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.

3. Replacement of any part which does not alter an approval or listing or make any appliance or equipment unsafe.

4. Self-contained refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste, or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the replacement of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves or pipes.

(j)  A paragraph is added to section 105.3.1, "Action on application," to read:

No building permit shall be issued until approved by every department of the city or Boulder County that has applicable regulations, including, without limitation, the following departments: building, flood control, utilities, wastewater, health, fire, engineering, zoning, planning, parks, and city clerk.

(k)  Section 105.3.2, "Time limitation of application," is repealed and reenacted to read:

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty days after the date of filing, unless the permit has been issued; except that the building official is authorized to grant not more than two extensions of time for additional periods not exceeding one hundred eighty days each. The extension shall be requested in writing before the expiration date and justifiable cause demonstrated.

(l)  Section 105.5, "Expiration," is repealed and reenacted to read:

105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty days after the time the work is commenced. The building official is authorized to grant in writing one or more extensions of time for periods not more than one hundred eighty days each. The extension shall be requested in writing and justifiable cause demonstrated. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not completed and approved for occupancy within three years from the date the permit was issued. The permit fee for renewals may be prorated based on the amount of work completed and approved under the previous permit.

(m)  Section 107.1, "General," is repealed and reenacted to read:

107.1 General. An applicant for a building permit shall submit a minimum of two sets of plans and specifications with each application when required by the building official for enforcement of any provisions of this code.

(1) A professional engineer or architect registered in the State of Colorado shall prepare the plans and specifications for and observe the construction of all buildings except for the following:

(a) Detached dwellings intended solely for private use, occupancy, or resale, including accessory buildings commonly associated with the same;

(b) Farm buildings and buildings for the marketing, storage, or processing of farm products;

(c) Minor additions, alterations, or repairs to the foregoing buildings that do not cause the completed buildings to exceed the applicable limitations herein set forth; or

(d) Nonstructural alterations of any nature to any building if such alterations do not affect the safety of the building.

(2) Drawings and specifications for footings and foundations shall bear the seal and signature of a professional engineer or architect registered in Colorado and be designed as specified in chapter 18 of the building code for all occupancies.

Exceptions:

(a) Detached structures not intended for human occupancy;

(b) Additions to existing detached dwellings not exceeding 150 square feet.

(n)  Section 107.3.2, "Previous approvals," is amended to read:

107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has heretofore been issued or otherwise lawfully authorized, and the constraints of which have been pursued in good faith within one hundred eighty days after the effective date of this code and has not been abandoned. No person shall fail to comply with all of the conditions of such a building permit and the provisions of the building code under which such building permit has been issued.

(o)  Section 109.3, "Building permit valuations," is repealed and reenacted to read:

109.3 Building permit valuation. The valuation for buildings shall be as set forth in Subsections 4-20-4(d) and (e), B.R.C. 1981.

(p)  Section 113, "Board of Appeals," is repealed and reenacted to read:

113 Appeals and advisory opinions.

(a) Any appeal under this section shall be heard by the Board of Building Appeals established under Section 2-3-4, "Board of Building Appeals," B.R.C. 1981, unless the city manager determines, due to the nature of the issues in a particular appeal, to appoint a hearing officer under Section 1-3-5, "Hearings and Determinations," B.R.C. 1981.

(b) A person refused a building permit or refused approval of work done under a permit on the grounds that the proposed or completed construction fails to comply with this code or any other city building code other than the fire code may appeal the decision on the ground that:

(1) The denial was based on an error in fact or an erroneous interpretation of such code by the city manager;

(2) The manager has erroneously failed to approve an alternate material or method pursuant to section 104.11 prior to its installation or use. In determining such an appeal, the board or hearing officer shall apply the standards of section 104.11, but the board or hearing officer shall have no jurisdiction to consider if a material or method expressly prohibited by this code is an acceptable alternative;

(3) The manager has erroneously failed to grant a modification pursuant to section 104.10 prior to its installation. In determining such an appeal, the board or hearing officer shall apply the standards of section 104.10; or

(4) The manager has erroneously failed to approve an alternative design pursuant to section K105 prior to its installation or use. In determining such an appeal, the board or hearing officer shall apply the standards of section K105, but the board or hearing officer shall have no jurisdiction to consider if a design expressly prohibited by this code is an acceptable alternative.

The manager has the burden of proof under paragraph (1). The appellant has the burden of proof on appeals brought pursuant to paragraphs (2), (3), and (4). The board or hearing officer shall determine the appeal and decide whether the manager's interpretation or application of such code was correct or in error at a hearing under the procedures described by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.

(c) Any person whose building permit or certificate of occupancy or certificate of completion has been suspended or revoked may appeal such action by the city manager on the ground that the suspension or revocation was based on an error in fact or an erroneous application of this code to the facts. The manager has the burden of proving the facts upon which the manager relies at such a hearing.

(d) An application for appeal must be filed in writing with the city manager within fourteen days after the date of refusal of the building permit or approval of work performed under the permit or revocation or suspension of the building permit or certificate of occupancy or certificate of completion stating the basis for appeal.

(e) An applicant for an appeal shall pay the fee prescribed by Section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981. The fee for an appeal heard by a hearing officer shall be the same as the fee for an appeal heard by the Board of Building Appeals.

(f) The city manager may apply to the Board of Building Appeals, without fee, for an advisory opinion concerning alternative methods, applicability of specific requirements, approval of equipment and materials, and granting of special permission as contemplated in section 104.10 or 104.11 of the Building Code.

(g) The board or hearing officer has no authority to interpret Chapter 1 (the administrative requirements) and Chapter 34 of this code except as expressly provided in this section, nor, because this code sets minimum standards, to waive any requirement of this code.

(q)  Section 114, "Violations," is repealed and reenacted to read:

114 Violations.

(a) General Provisions.

(1) No person shall violate a provision of this code, or fail to comply therewith or with any of the requirements thereof. No person shall fail to comply with any order issued by the code official under this code. No person shall erect, construct, enlarge, alter, extend, repair, move, remove, improve, convert, demolish, equip, use, occupy, or maintain any building or structure in the city or cause or permit the same to be done except in conformity with all of the provisions of this code and in conformity with the terms and conditions of any permit, certificate, or other approval issued under this code, or of any directive of the building official.

(2) In accordance with the provisions of Section 5-2-11, "Prosecution of Multiple Counts for Same Act," B.R.C. 1981, each day during which illegal construction, alteration, maintenance, occupancy, or use continues constitutes a separate offense remediable through the enforcement provisions of this code.

(3) The owner, tenant, and occupant of a structure or land, and the agents of each of them, are jointly and severally liable for any violation of this code with respect to such structure or land.

(4) The remedies for any violation of any provision of this code or of any permit, certificate, or other approval issued under this code or other City of Boulder code, or of any directive of the code official, may be pursued singly or in combination.

(5) If any person fails or refuses to pay when due any charge imposed under this section, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.

(b) Administrative Procedures and Remedies.

(1) If the city manager finds that a violation of any provision of this code or any approval granted under this code exists, the manager, after notice and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following action to remedy the violation:

(A) Impose a civil penalty according to the following schedule:

(i) For the first violation of the provision or approval, $100;

(ii) For the second violation of the same provision or approval, $300; and

(iii) For the third violation of the same provision or approval, $1,000;

(B) For a violation concerning the use of a residential building under a rental license, revoke such license;

(C) Require the filing of a declaration of use as provided in subsection (e) of this section; or

(D) Issue an order reasonably calculated to ensure compliance with the provisions of this code or any approval granted under this code.

(2) Prior to the hearing, the manager may issue an order that no person shall perform any work on any structure or land, except to correct any violation found by the manager to exist with respect to such structure or land.

(3) If notice is given to the manager at least forty-eight hours before the time and date set forth in the notice of hearing on any violation that the violation has been corrected, the manager will reinspect the structure or land. If the manager finds that the violation has been corrected, the manager may cancel the hearing.

(4) No person shall fail to comply with any action taken by the manager under this section.

(c) Criminal Penalties. Violations of this code are punishable as provided in Section 5-2-4, "General Penalties," B.R.C. 1981.

(d) Other Remedies. The city attorney may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Boulder for any violation of any provision of this code or any approval granted under this code.

(e) Declaration of Use. If the city manager determines that a person is using a structure in a way that might mislead a reasonable person to believe that such use is a use by right or otherwise authorized by this title, the manager may require such person to sign under oath a declaration of use that defines the limited nature of the use and to record such declaration in the officer of the Boulder County Clerk and Recorder against the title to the land. In addition to all other remedies and actions that the manager is authorized to use under the Boulder Revised Code or other applicable federal, state, or local laws to enforce the provisions of this code, the manager is authorized to withhold any approval affecting such structure or land, including, without limitation, a building permit, use review, site review, subdivision, floodplain development permit, or wetland permit until such time as the person submits a declaration of use that is in a form acceptable to the manager.

(r)  Section 116.1, "Conditions," is repealed and reenacted to read:

116.1 Conditions. Premises, structures, or existing equipment that are or hereafter become unsafe, insanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe premises shall be made safe and unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

(s)  Section 116.3, "Notice," is repealed and reenacted to read:

116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent, or person in control of the structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs, improvements, or modifications to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.

(t)  The last two sentences of Section 116.4, "Method of service," are amended to read as follows:

If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on the premises or in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the premises or structure shall constitute service of notice upon the owner.

(u)  Section 116.5, "Restoration," is amended by adding the following sentence:

The abatement of an unsafe condition of premises shall comply with the requirements of this code.

(v)  The definition of "Building official" in section 202 is repealed and reenacted to read:

BUILDING OFFICIAL is the city manager.

(w)  Section 202, "Definitions," is amended by the addition of the following new definition:

PERMIT ISSUANCE is the date that the approved building permit is paid for and received back from the city manager by the applicant or a representative of the applicant.

(x)  A new subsection 6 is added to section 708.1, "General," to read:

6. Walls separating marijuana growing, processing, and dispensing occupancies from adjacent occupancies.

(y)  A paragraph is added to section (F) 903.2, "Where required," to read:

The maximum fire area without an automatic sprinkler system shall be determined by Section 903.2 of the fire code.

(z)  Section 907.2.11, "Single- and multiple-station smoke alarms," is amended by the addition of the following subsections:

907.2.11.5 Alterations, repairs, and enlargements. (1) When buildings or structures, or portions of buildings or structures, classified as Group R are altered, repaired, or enlarged and the work requires a building permit, or (2) when one or more sleeping rooms are added or created, smoke alarms shall be installed for each dwelling or sleeping unit affected by such work in accordance with section 907.2.11, except as provided otherwise in this section or its subsections.

Exceptions:

1. Work involving solely the exterior surfaces of the building or structure, such as replacement of roofing or siding or the addition of a porch or deck.

2. Installation, alterations, and repairs of plumbing or mechanical systems.

907.2.11.5.1 Exception to interconnection. Section 907.2.11.3 applies except that interconnection of smoke alarms in existing areas shall not be required where alterations and repairs do not include removal of interior wall and ceiling finishes exposing the structure unless an attic, crawlspace, or basement is available to provide access for interconnection without removal of interior finishes.

907.2.11.5.2 Exception to power source. Section 907.2.11.4 applies except that (1) smoke alarms may be battery-operated when installed in a building without commercial power and (2) hard-wired smoke alarms shall not be required in existing areas where alterations or repairs do not result in the removal of interior wall and ceiling finishes exposing the structure unless an attic, crawlspace, or basement is available to provide access for hard wiring without removal of interior finishes.

(aa)  Section 1405.3, "Vapor retarders," is amended by adding two exceptions:

4. Commercial and multiple-residence buildings complying with the 2012 International Energy Conservation Code section C402.4, Air leakage (mandatory).

5. Residential buildings complying with the 2012 International Energy Conservation Code section R402.4, Air leakage (mandatory).

(bb)  Section 1505.1, "General," is repealed and reenacted to read:

1505.1 General. All roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM Standard E 108 or UL Standard 790. Class A roofs and the exceptions noted in section 1505.3 for class B roofs as described in this chapter 15 are the only roof assemblies and roof coverings allowed to be installed on any new or existing building within the city of Boulder. Wood shakes, wood shingles, and wood roof covering materials are prohibited except as provided in Section 10-5-5, "Wood Roof Covering Materials Prohibited," B.R.C. 1981, for certain minimal repairs.

(cc)  Section 1608.1, "General," is repealed and reenacted to read:

1608.1 General. The minimum roof snow load shall be thirty pounds per square foot, but the design roof load shall not be less than that determined by Section 1607.

(dd)  Section 1608.2, "Ground snow loads," is deleted.

(ee)  Section 1609.3, "Basic wind speed," is repealed and reenacted to read:

1609.3 Basic wind speed. The ultimate design wind speed, Vult, in mph, for the determination of wind loads, shall be in accordance with local jurisdiction requirements. The ultimate design wind speed, Vult, determined by the local jurisdiction shall be in accordance with section 26.5.1 of ASCE 7. Per the Colorado Front Range Wind Table, the ultimate design wind speed shall be 130 mph for areas west of Broadway Street and 120 mph for areas east of Broadway Street.

(ff)  Sections 1612.3, 1612.4 and 1612.5 are repealed.

(gg)  Section 1705, "Required verification and inspection," is amended by adding the following subsection:

1705.18. Special inspection for medical gas systems. Medical gas systems shall be tested as detailed in chapter 12, "Special Piping and Storage Systems," of the City of Boulder Plumbing Code.

(hh)  Section J103, "Permits required," of Appendix J, "GRADING," is amended by adding the following subsections:

J103.3 Compliance with code and permit requirements. No person shall fail to perform and no property owner shall fail to perform or fail to cause the performance of all grading in compliance with this code, the Boulder Revised Code, and the conditions of the grading permit.

J103.4 No adverse affects. No person shall perform and no property owner shall perform or fail to prevent any grading that adversely affects the property of another without first obtaining the consent of the owner of such property.

J103.5 Unsafe premises. No person shall perform and no property owner shall perform or fail to prevent grading that results in any premises that are unsafe. For purposes of this Appendix J, premises are considered unsafe if they are found to be dangerous to life, health, property, or the safety of the public.

J103.6 Abatement of unsafe premises. If the city manager determines that grading is not performed in accordance with the law and resulted in unsafe premises, the city may notify the owner of the unsafe premises, agent, or other person in control of the premises in accordance with section 116.3 of this code. If the person so notified fails to abate the unsafe condition as required by the notice, the manager may enter the property, pursuant to an administrative warrant issued by the municipal court, and abate the unsafe condition. The manager may collect the full cost of the abatement and any expense to the city related to the abatement against the property owner, agent, or other person in control of the premises, and against the financial guarantee provided under subsection J103.8. The permit holder, property owner, and guarantor shall be jointly and severally liable for such costs and expenses. If the property owner fails or refuses to pay when due any charge imposed under this subsection, the manager may certify due and unpaid charges, including interest, to the Boulder County Treasurer for collection, as provided in Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.

J103.7 Financial guarantee. Prior to the issuance of a permit under this Appendix J, "GRADING," for any work on steep slope lots with a 15 percent or greater slope and on any projects with a cut, fill, or excavation of ten feet or more, or cut, fill, or excavation less than two feet from the property line, the permittee or property owner shall provide a financial security in the form of a performance bond or other form of guarantee approved by the city manager that will satisfy the objectives of this subsection, for the benefit of the city to secure the abatement of an unsafe condition of any premises that may result from grading work. The performance bond or other financial guarantee shall be provided for a period of two years following the expiration of the permit, and shall be for $10,000 for construction costs less than $10,000 and for the value of the project permit for construction costs greater than $10,000. At the time of permit application, the permittee shall submit documentation of the project costs, subject to review and approval by the manager. A bond shall be issued by a company licensed to do business in Colorado and shall be in a form acceptable to the city attorney. The manager shall review the performance bond or other financial guarantee annually to assure that it meets the term requirements and the full current cost of the completion of the work that is guaranteed and may require the permittee to augment the performance bond or other financial guarantee amount to meet such costs.

(ii)  A new Chapter 99 is added to the Building Code to read:

CHAPTER 99. FENCES AND WALLS.

9901. Definitions.

(1) As used herein, the term "wall" means a freestanding structure such as a fence or retaining wall.

(2) As used herein and in Section 9-9-15, "Fences and Walls," B.R.C. 1981, the term "finished grade" means the top surfaces of lawns, walks, drives or, other improved surfaces after completion of construction or grading operations, but not including vegetation growing on the surface.

(3) For purposes of determining the maximum height allowable for any fence or wall other than wind load height as specified in subsection (4) of this section, refer to Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the diagram below.

Diagram 1

B.R.C. 9-9-15(c), Figure #19.

(4) For purposes of determining the maximum height allowable for any fence or wall other than wind load height as specified in subsection (4) of this section, refer to Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the diagram below:

Diagram 2

B.R.C. 9-9-15(c), Figure #20.

(5)  Nothing in this section is intended to prohibit the installation of a guardrail for safety purposes which otherwise conforms to the requirements of this code.

9902. All fences and walls hereafter installed in the City shall comply with Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the following provisions:

(1) All fences and walls thirty-six inches high and lower shall have a wind load design of ten pounds per square foot or shall conform to paragraph (3) of this section.

(2) All fences and walls thirty-seven through eighty-four inches high shall have a wind load design of twenty pounds per square foot or shall conform to paragraph (3) of this section.

(3) As an alternative to the requirements of paragraphs (1) or (2), a wood fence that does not exceed seven feet in height may be installed if the following requirements are met:

(a) All posts shall be at least four-inch by four-inch timber or two-inch Schedule 40 pipe and shall be set at least twenty-four inches in the ground in concrete;

(b) All wood below grade shall be cedar, redwood, or penta pressure treated fir;

(c) Post spacing shall be arranged so that the area of the fence between posts does not exceed 30 square feet;

(d) Wood fencing more than fifty percent open may exceed the 30-square-foot post spacing requirements if designed for a ten-pound wind load.

(4) Chain link fences. On all chain link fences, the fence posts shall be at least one- and one-half-inch diameter pipe, and shall be set at least twenty-four inches in the ground in concrete.

(5) For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than thirty inches above the adjacent top or curb elevation are not permitted to be planted, placed, or erected on any corner lot within the triangular portion of land designated as "Restricted Area" in the figure below or on the adjacent right of way:

Diagram 3

B.R.C. 9-9-7, Figure #17.

(6) Where permitted, fences exceeding seven feet in height shall conform to the zoning requirements for accessory structures.

Ordinance Nos. 4984 (1986); 5125 (1988); 5177 (1989); 5493 (1992); 5562 (1993); 5572 (1993); 5645 (1994); 5781 (1996); 5891 (1997); 6053 (1999); 7141 (2001); 7566 (2007); 7622 (2008); 7697 (2009); 7760 (2010); 7831 (2012); 7925 (2013)

10-5-3.  Adoption of Uniform Code for Abatement of Dangerous Buildings With Modifications. Go to the top

Repealed.

Ordinance No. 7925 (2013)

10-5-4.  Building Permit Fees. Go to the top

Building permit fees are those prescribed by Subsection 4-20-4(c), B.R.C. 1981. Fees for other permits issued pursuant to this chapter and charges for services are those prescribed by Subsection 4-20-4(d), B.R.C. 1981.

Ordinance Nos. 4984 (1986); 5493 (1992); 5781 (1996); 7566 (2007); 7697 (2009); 7925 (2013)

10-5-5.  Wood Roof Covering Materials Prohibited. Go to the top

(a)  No person shall install or cause to be installed any wood roof covering materials, including, without limitation, wood shakes or wood shingles. This prohibition includes wood roof covering materials with fire retardant treatments of any kind.

(b)  No person owning a building with wood roof covering materials shall fail to remove or cause to be removed from the building all wood roof covering materials before January 1, 2014, and to replace the removed roofing with approved roof covering materials which conform to the International Building Code as adopted, and no person shall thereafter take possession or ownership of a building with wood roof covering materials.

(c)  The following additional definition applies to this section and to chapter 15 of the building code:

"Wood roof covering material" means an exterior surface material used as a top covering and made of wood. "Wood," for the purposes of this definition, means any natural or composite material containing at least fifty percent wood by volume.

Ordinance Nos. 5645 (1994); 5693 (1995); 5781 (1996); 7566 (2007); 7925 (2013)


1 Adopted by Ordinance No. 4636. Amended by Ordinance Nos. 4722, 6015, 7304. Derived from Ordinance Nos. 4322, 4500.

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