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Help & SupportChapter 10-5: Building Code28
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 2006 edition of the International Building Code and the 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings 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)
10-5-2 Adoption of International Building Code With Modifications.
(a) The 2006 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" and J, "Grading," 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(c) Section 101.1, "Title," is repealed and reenacted to read: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(d) Section 101.4, "Referenced Codes," is repealed and reenacted to read: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 101.4.7 and referenced elsewhere in this code shall be considered as part of the requirements of this code as applicable.
(e) Section 101.4.5, "Property Maintenance," is repealed.
(f) Section 103, "Department Of Building Safety," is repealed and reenacted to read:
Section 103
"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) 104.8, "Liability," is repealed and reenacted to read:
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 non-enforcement 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) 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 non-conditioned 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 three 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 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.
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.
(i) 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.
(j) 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 ninety days each. The extension shall be requested in writing before the expiration date and justifiable cause demonstrated.
(k) Section 105.5, "Expiration," is repealed and reenacted to read:
Section 105.5 Expiration. 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. Separate permits granting authorization to install, repair, energize, or use any electrical, mechanical or plumbing fixture, system or equipment shall expire twelve months after issuance, at which time a new permit will be required. In order to renew an expired permit, the applicant shall submit a new permit application with the required submittal documents demonstrating compliance to the code in effect at the time the new application is received. Work that was authorized, completed and approved under the previous permit may be considered as meeting current codes if the expiration period is not more than one year and all systems, equipment and structural elements have been adequately protected from the weather. The permit fee may be prorated based on the amount of work completed and approved under the previous permit. The plan review fee shall be paid in full based on the current fee schedule.
(l) Section 106.1, "Submittal Documents," is repealed and reenacted to read:
106.1 Submittal Documents. 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) An 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) Non-structural 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 except those classified as R-3 and U, which shall be designed as specified in Chapter 4 of the residential code.
Exceptions:
(a) Detached structures not intended for human occupancy;
(b) Additions to existing detached dwellings not exceeding 150 square feet.
(m) Section 108.3, "Building Permit Valuations," is repealed and reenacted to read:
108.3 Building permit valuation. Fees for permits shall be as set forth in Chapter 4-20, B.R.C. 1981, and the valuation for buildings shall be determined by the City of Boulder Valuation Data Table for Building Permit fees.
(n) Section 112, "Board Of Appeals," is repealed and reenacted to read:
Section 112 Appeals and Advisory Opinions.
(a) 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 to the board of zoning adjustment and building appeals on the ground that:
1. The denial was based on an erroneous interpretation of such code by the city manager;
2. The city 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 shall apply the standards of Section 104.11, but the board shall have no jurisdiction to consider if a material or method expressly prohibited by this code is an acceptable alternative; or
3. The city manager has erroneously failed to grant a modification pursuant to Section 104.10 prior to its installation. In determining such an appeal the board shall apply the standards of Section 104.10.
The city manager has the burden of proof under paragraph 1. The appellant has the burden of proof on appeals brought pursuant to paragraphs 2 and 3. The board shall determine the appeal and decide whether the city 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.
(b) Any person whose building permit has been suspended or revoked may appeal such action by the city manager to the board of building appeals 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 city manager has the burden of proving the facts upon which the manager relies at such a hearing.
(c) An applicant for an appeal to the board of appeals shall pay the fee prescribed by Section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981.
(d) The city manager may apply to the board of 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 Sections 104.10 or 104.11 of the Building Code.
(e) The board of building appeals 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.
(o) Section 113, "Violations," is repealed and reenacted to read:
Violations
Section 113. No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city or cause or permit the same to be done, contrary to or in violation of any of the provisions of the building code. Violations of the building code are punishable as provided in Section 5-2-4, "General Penalties," B.R.C. 1981.
(p) The definition of "Building official" in section 202 is repealed and reenacted to read:
BUILDING OFFICIAL is the city manager.
(q) 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.
(r) 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 903.1 of the fire code.
(s) Section 1007.3, "Exit Stairways," is repealed and reenacted to read:
1007.3 Exit Stairways. In order to be considered part of an accessible means of egress, an exit stairway shall have a clear width of 48 inches (1219 mm) minimum between handrails and shall either incorporate an area of refuge within an enlarged floor-level landing or shall be accessed from either an area of refuge complying with Section 1007.6 or a horizontal exit.
Exceptions:
1. The area of refuge is not required at unenclosed interior exit stairways as permitted by Section 1020.1 in buildings or facilities that are equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.
2. The clear width of 48 inches (1219 mm) between handrails is not required at exit stairways in buildings of facilities equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1 or 903.3.1.2.
3. Areas of refuge are not required at exit stairways in buildings or facilities equipped throughout by an automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2.
4. The clear width of 48 inches (1219 mm) between handrails is not required for exit stairways accessed from a horizontal exit.
5. Areas of refuge are not required at exit stairways serving open parking garages.
6. Areas of refuge are not required for smoke protected seating areas complying with Section 1025.6.2.
7. The areas of refuge are not required in Group R-2 occupancies.
(t) 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 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.
(u) 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.
(v) Section 1609.3.1, "Wind Speed Conversion," is repealed and reenacted to read:
1609.3.1 Wind velocities. In Table 1609.3.1, the three second gust wind speed for the city shall be 110 miles per hour.
(w) Sections 1612.3, 1612.4, and 1612.5 are repealed.
1 Includes guard rails, short walls, room dividers, etc. Guard rails shall have a minimum thickness of twelve inches.
2 Includes parapets, patio walls, etc.
Section 9706. Energy Requirement. All methods of wall insulation shall comply with the manufacturer's recommendations. The building shall meet all applicable energy codes.
Allowable shear on bolts for earthen masonry units
Maximum allowable opening in earthen masonry bearing walls containing treated wood lintels
(x) A new chapter 99 is added to the Building Code to read:
CHAPTER 99. FENCES AND WALLS.
Section 9901. Definitions.
(1) As used herein, the term "wall" means a free standing structure such as a fence or retaining wall.
(2) As used herein and in Section 9-3.3-6, "Fences, Hedges, 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 9-3.3-6, "Fences, Hedges, and Walls," B.R.C. 1981, and the diagram below.
B.R.C. 9-9-15(c)
(4) For purposes of determining wind load design in the case of a fence erected above a retaining wall, the height of such fence means the distance from the top of the retaining wall to the top of the fence, as illustrated in the figure below:
B.R.C. 9-9-15(c)
(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.
Section 9902. All fences and walls hereafter installed in the city shall comply with Section 9-3.3-6, "Fences, Hedges, 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:
(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)
10-5-3 Adoption of Uniform Code for Abatement of Dangerous Buildings With Modifications.
The 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings of the International Conference of Building Officials is hereby adopted by reference as the City of Boulder's Abatement 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 section set forth below:
(a) Section 201.3, "Right Of Entry," is repealed and reenacted to read:
Section 201.3 Right of Entry.
(1) Whenever the city manager has probable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous, or hazardous, and the manager determines that an inspection of the property is necessary to discover the extent of the hazard and to order the appropriate corrections, the manager shall request entry from the occupants or, if the building is unoccupied, from the owner or any other person having charge or control over the building or premises. If entry is refused, or if the manager is unable, after making reasonable efforts, to locate a person responsible for an unoccupied building, or such person does not respond to the manager's request, the manager shall apply to a judge of the municipal court for an inspection warrant pursuant to Subsection 2-6-3(e), B.R.C. 1981.
(2) In cases of emergency where there is imminent danger of injury to any person or of damage to property of another, the manager may enter any property to make any necessary inspections under this code or to take any other action authorized by this code without permission or warrant.
(b) Section 203, "Violations," is repealed and reenacted to read:
Violations
Section 203. (1) No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the Code for Abatement of Dangerous Buildings. (2) No owner and no person having charge or control over any building or premises shall fail to comply with any order issued to such person under the Code for Abatement of Dangerous Buildings.
(c) Section 205.1, "Board Of Appeals," is repealed and reenacted to read:
Appeals
Section 205.1.
(a) The record owner of a building or the owner's authorized agent or any person with any other legal interest in the building may appeal any order issued pursuant to Section 401.2 to the board of building appeals on the ground that such order was based on an erroneous interpretation or application of this or any other city code by the city manager. The city manager has the burden of proof in such an appeal. The board shall determine whether the city 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.
(b) An applicant for an appeal to the board of building appeals shall pay the fee prescribed by Section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981.
(c) The board of building appeals has no authority to interpret the administrative provisions of this code nor may the board waive any requirement of this code.
(d) The definition of "Housing code" in section 301, "General," is repealed and reenacted to read:
HOUSING CODE means chapter 10-2, "Housing Code," B.R.C. 1981.
(e) The introductory paragraph of section 302, "Dangerous Building," is repealed and reenacted to read:
For the purposes of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building.
(f) Paragraphs 4 and 5 of section 401.2, "Notice And Order," and sections 401.4 and 401.5 are repealed and reenacted to read:
4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the city manager:
(I) will order the building vacated and posted to prevent further occupancy until the work is completed;
(II) may proceed to cause the work to be done and charge the costs thereof against the property or its owner pursuant to Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981; and
(III) may cause a summons and complaint to be served upon the property owner or any person having charge or control over the building or premises for failure to make required repairs or demolition within the time specified.
5. Statements advising:
(I) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the city manager to the board of building appeals, provided the appeal is made in writing as provided in this code and filed with the city manager within ten days from the date of service of such notice and order; and
(II) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
401.4 The method of service shall be as prescribed in Section 1-3-3, "Notice of Agency Action," B.R.C. 1981.
(g) The final paragraph of section 501.1 is repealed.
(h) Chapter 6, "Procedure For Conduct Of Hearing Appeals," is repealed and reenacted to read:
Chapter 6.
Appeal Procedure. Appeals shall be heard pursuant to Section 1-3-5, "Hearings and Determinations," B.R.C. 1981.
(I) Section 801.2, "Costs," is repealed and reenacted to read:
The cost of such work plus twenty percent for administrative overhead shall be billed to the record owner of the property, and if not paid within thirty days of billing may be collected pursuant to Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
(i) Chapter 9, "Recovery Of Cost Of Repair Or Demolition," is repealed.
Ordinance Nos. 5177 (1989); 5493 (1992); 5676 (1994); 5781 (1996); 7566 (2007)
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)
10-5-5 Wood Roof Covering Materials Prohibited.
(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) It shall be a specific defense to a charge of violation of subsection (a) of this section that the wood roof covering materials were installed before January 1, 2014, to repair portions of an existing wood roof, that the repair wood roof covering materials were factory pressure treated so as to be fire retardant and are approved as meeting Class B standards in accordance with section 1501.1 of the building code, and that the wood roof covering materials were installed in a quantity not exceeding fifty percent of the roof surface in any three-hundred-sixty-five-day period.
(c) 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.
(d) 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)
28 Adopted by Ordinance No. 4636. Amended by Ordinance Nos. 4722, 6015, 7304. Derived from Ordinance Nos. 4322, 4500.