CHAPTER 18 Building Regulations Article I
Building Code Sec. 18-1-10 Sec. 18-1-20 Sec. 18-1-30 Sec. 18-1-40 Sec. 18-1-50
Adoption Purpose Copy on file Amendments Penalty
Article II
Plumbing Code Sec. 18-2-10 Adoption Sec. 18-2-20 Purpose Sec. 18-2-30 Copy on file Sec. 18-2-40 Amendments Sec. 18-2-50 Penalty
Article III
Mechanical Code Sec. 18-3-10 Adoption Sec. 18-3-20 Purpose Sec. 18-3-30 Copy on file Sec. 18-3-40 Amendments Sec. 18-3-50 Penalty
Article IV
Fire Code Sec. 18-4-10 Sec. 18-4-20 Sec. 18-4-30 Sec. 18-4-40 Sec. 18-4-50
Adoption Purpose Copy on file Amendments Penalty
Article V
Urban Storm Drainage Criteria Manual Sec. 18-5-10 Authorization Sec. 18-5-20 Purpose Sec. 18-5-30 Code and Standards adopted by reference
Article VI
Impact Fees Sec. 18-6-10 Sec. 18-6-20 Sec. 18-6-30 Sec. 18-6-40 Sec. 18-6-50
Purpose Definitions Payment of fees Use of impact fee Effective date
Article VII
Uniform Housing Code Sec. 18-7-10 Title Sec. 18-7-20 Uniform Housing Code adopted Sec. 18-7-30 Jurisdiction defined Sec. 18-7-40 Amendments Sec. 18-7-50 Penalty
Article VIII
Dangerous Buildings Code Sec. 18-8-10 Title Sec. 18-8-20 Uniform Code for the Abatement of Dangerous Buildings adopted Sec. 18-8-30 Jurisdiction defined
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Article IX
Sec. 18-8-40 Sec. 18-8-50
Amendments Penalty
Fuel Gas Code Sec. 18-9-10 Sec. 18-9-20 Sec. 18-9-30 Sec. 18-9-40 Sec. 18-9-50
Adoption Purpose Copy on file Amendments Penalty
Article X
Residential Code Sec. 18-10-10 Adoption Sec. 18-10-20 Purpose Sec. 18-10-30 Copy on file Sec. 18-10-40 Amendments Sec. 18-10-50 Penalty
Article XI
Energy Conservation Code Sec. 18-11-10 Adoption Sec. 18-11-20 Purpose Sec. 18-11-30 Copy on file Sec. 18-11-40 Amendments Sec. 18-11-50 Penalty
Article XII
Property Maintenance Code Sec. 18-12-10 Adoption Sec. 18-12-20 Purpose Sec. 18-12-30 Copy on file Sec. 18-12-40 Amendments Sec. 18-12-50 Penalty
Article XIII
Electrical Code Sec. 18-13-10 Adoption Sec. 18-13-20 Purpose Sec. 18-13-30 Copy on file Sec. 18-13-40 Amendments Sec. 18-13-50 Penalty
Article XIV
Growing of Medical Marijuana in Residential Structures Sec. 18-14-10 Purpose Sec. 18-14-20 Growing of medical marijuana in residential structures
Article XV
Growing of Marijuana in Residential Structures for Personal Use Sec. 18-15-10 Purpose Sec. 18-10-20 Growing of marijuana in residential structures
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ARTICLE I Building Code Sec. 18-1-10. Adoption. The International Building Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's building code, subject to the amendments contained herein. (Ord. 08-01 §1) Sec. 18-1-20. Purpose. The purpose of this Article is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. (Ord. 08-01 §1) Sec. 18-1-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §1) Sec. 18-1-40. Amendments. The International Building Code is adopted with the following amendments: (1) Section 101.1 is amended by the addition of the term "Town of Elizabeth" where indicated. (2) Section 101.4.1 (Electrical) is amended by replacing "ICC Electrical Code" with "adopted electrical code." (3) Section 101.4.4 (Plumbing) is amended by deletion of the last sentence. (4) Section 105.1 (Required) is amended by replacing the words "building official" with "town." (5) Section 108.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. "The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code.
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"The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. "The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment." (6) Section 110.3 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentences and replacing them with "town." (7) Section 112.1 (General) is amended by deleting the last two (2) sentences and inserting the following: "The members of the board of appeals shall be comprised of the members of the Town Board of Trustees." (8) Section 112.3 (Qualifications) is amended by deleting the section in its entirety. (9) Section 1612.3 (Establishment of flood hazard areas) is amended by the insertion of "Town of Elizabeth" where indicated and "the most recent flood study for the Town of Elizabeth" where indicated. (10) Section 3401.3 (Compliance with other codes) is amended by deleting "International Private Sewage Disposal Code," and deleting "ICC Electrical Code" and inserting in its place "adopted electrical code." (Ord. 08-01 §1) Sec. 18-1-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §1; Ord. 13-11 §19) ARTICLE II Plumbing Code Sec. 18-2-10. Adoption. The International Plumbing Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's plumbing code, subject to the amendments contained herein. (Ord. 08-01 §2) Sec. 18-2-20. Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation,
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quality of materials, location, operation and maintenance or use of plumbing equipment and systems. (Ord. 08-01 §2) Sec. 18-2-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §2) Sec. 18-2-40. Amendments. The International Plumbing Code is adopted with the following amendments: (1) Section 101.1 (Title) is amended by the addition of the term "Town of Elizabeth" where indicated. (2) Section 305.6.1 (Sewer Depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)." (Ord. 08-01 §2) Sec. 18-2-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §2; Ord. 13-11 §20) ARTICLE III Mechanical Code Sec. 18-3-10. Adoption. The International Mechanical Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's mechanical code, subject to the amendments contained herein. (Ord. 08-01 §3) Sec. 18-3-20. Purpose. The purpose of this Article is to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems. (Ord. 08-01 §3)
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Sec. 18-3-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §3) Sec. 18-3-40. Amendments. The International Mechanical Code is adopted with the following amendments: Section 101.1 (Title) is amended by the addition of the term "Town of Elizabeth" where indicated. (Ord. 08-01 §3) Sec. 18-3-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §3; Ord. 13-11 §21) ARTICLE IV Fire Code Sec. 18-4-10. Adoption. The International Fire Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's fire code, subject to the amendments contained herein. (Ord. 08-01 §4) Sec. 18-4-20. Purpose. The purpose of this Article is to adopt comprehensive standards to safeguard life and property from the hazards of fire, explosion and dangerous conditions. (Ord. 08-01 §4) Sec. 18-4-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §4) Sec. 18-4-40. Amendments. The International Fire Code is adopted with the following amendments: (1) The following definitions shall be added to Section 202:
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"(a) Wherever the word 'jurisdiction' is used in the International Fire Code, it shall refer to the Fire Protection District, volunteer fire department or fire code enforcement agency as designated by the Board of County Commissioners for that geographical area. "(b) Wherever the word 'Board' is used in amendments to the International Fire Code, it shall be held to mean the Board of Directors of the Fire Protection District, volunteer fire department or fire code enforcement agency as designated by the Board of County Commissioners for that geographical area. "(c) Wherever the words 'new construction' is used in amendments to the International Fire Code, it shall be held to mean any new permanent building, addition or temporary structure. 'New construction' is also considered a change of use or any remodeling that exceeds 50% of the currently assessed Elbert County property valuation or any remodeling that encompasses more than 50% of the existing building floor area or any addition which add more than 25% of additional useable floor area to the existing building. "(d) Wherever the word 'driveway' is used in the amendments to the International Fire Code, it shall refer to any approved access roadway serving two (2) or less single-family dwellings that extends from the public access roadway to the residence." (2) Section 108.1 is amended by the addition of the following language: "In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the board and such additional persons as the board deems necessary." (3) Section 109.3 is amended as follows: "109.3 Violation penalty. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, within the geographical limits of a municipality shall be subject to the penalties set forth in Section 18-4-50 of the Elizabeth Municipal Code." (4) Section 111.4 is amended as follows: "111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, within the geographical limits of a municipality shall be subject to the penalties set forth in Section 18-4-50 of the Elizabeth Municipal Code." (5) Article 33, Explosives and Fireworks, is superseded to the extent there is any inconsistency by the provisions of Sections 12-28-101 through 12-28-113, C.R.S., and the rules and regulations promulgated thereunder, and the provisions of Sections 12-28-101 through 12-28113, C.R.S., shall govern.
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(6) Section 503.2.1 is amended as follows: "503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), and unobstructed vertical clearance of not less than 13 feet, 6 inches (4,115 mm). "Exception: The fire code official is authorized to decrease the dimension of 20 feet (6,096 mm) where: "1. There are not more than two Group R-3 or Group U occupancies accessed by a driveway, designed and approved in accordance with the Elbert County Road and Bridge Manual; or "2. Approved security gates in accordance with section 503.6." (7) Section 503.2.1 is amended as follows: "503.2.1 Surface. All fire apparatus access roads required by the code must provide allweather access consisting of asphalt or concrete paving, or be designed and built to all-weather standards to support the jurisdiction's firefighting apparatus, as certified by a registered Colorado professional engineer." (8) A new Section 511 is hereby added, which shall read as follows: "511 Public Safety Radio Amplification Systems. "511.1 General. Public safety radio amplification systems for the enhancement of emergency services communications within buildings shall be designed, installed and maintained in accordance with this section. "511.2 Where required. Where adequate radio coverage cannot be established within a building, as defined by the fire code official, public safety radio amplification systems shall be installed in the following locations: "1. New buildings with a total building area of 50,000 square feet or building additions that cause a building to be greater than 50,000 square feet. For the purposes of this section, fire walls shall not be used to define separate buildings. "Exception: When buildings are constructed with material that does not hinder the efficient operation of radio frequencies from within the structure. "2. All new basements over 10,000 square feet where the design occupant load is greater than 50, regardless of the occupancy classification. "3. Existing buildings meeting the criteria of Item #1 or #2 of this section undergoing alterations exceeding 50% of the aggregate area of the building. "Exception: One- and two-family dwellings.
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"511.3 Design and installation standard. Public safety radio amplification systems shall be designed and installed in accordance with the criteria established by the fire code official based on the capabilities and communication features of emergency services. "511.4 Maintenance. Public safety radio amplification systems shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. A complete maintenance log shall be kept at the site and shall include the following information: "1. Installing Contractor. "2. Site Address. "3. Maintenance Performed. "4. Maintenance Contractor." (9) Section 508.1 is amended by the addition of the following: "Buildings and structures other than single-family dwellings and U occupancies that are accessory to dwellings: "If the fire flow requirements of Appendix B cannot be met due to geography or other practical difficulties, as approved by the fire code official, the required fire protection provisions can be mitigated by providing one of the following: "1. The structure shall be equipped with an automatic sprinkler system which provides fire protection to the entire building; or "2. On-site water storage suitable for and dedicated to firefighting, and with a capacity of not less than 30,000 gallons of water; or "3. An automatic fire alarm system installed throughout the building and which conforms to the as approved by the Fire Code Official, and reduced on-site water storage capacity, the size of which shall be determined by the Fire Code Official, based upon a review of the building plan and alarm system. "Single-family dwellings, planned unit developments, subdivisions and U occupancies: "If the fire flow requirements of Appendix B cannot be met due to geography or other practical difficulties, as approved by the fire code official, the required fire protection provisions can be mitigated by providing one of the following: "1. Covenants that mandate the installation and regular maintenance of residential sprinkler systems for all dwellings within the development that complies with the provisions Nationally Recognized Standards (NFPA 13D). "2. The installation and maintenance of a minimum 30,000-gallon approved on-site water storage tank for firefighting.
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"3. Provide cash in lieu of in the amount of $1,040/per new lot to assist in a similar firefighting project within the immediate area." (Ord. 08-01 §4) Sec. 18-4-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §4; Ord. 13-11 §22) ARTICLE V Urban Storm Drainage Criteria Manual Sec. 18-5-10. Authorization. This Article is authorized by Section 31-16-202, C.R.S., and declared to be in accordance with the provisions thereof. (Prior code 5-5.1) Sec. 18-5-20. Purpose. This Article is adopted to promote the health, safety, convenience, order, prosperity and general welfare of the present and future inhabitants of the Town, by providing a code for safety to life from storm drainage and flood. (Prior code 5-5.2) Sec. 18-5-30. Code and Standards adopted by reference. This Article hereby adopts the 1969 Urban Storm Drainage Criteria Manual Volumes 1 and 2 with revisions in whole and in its entirety. This manual was prepared by Wright-McLaughlin Engineers and published for the Urban Drainage and Flood Control District. (Prior code 5-5.3) ARTICLE VI Impact Fees Sec. 18-6-10. Purpose. The Town is experiencing growth which increases the cost to the Town of providing facilities and services necessitated by the growth. It has been determined by the Board of Trustees that a fee upon the new construction in the newly annexed areas which are causing said increased costs is a proper method of paying for the costs. (Prior code 5-6.1)
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Sec. 18-6-20. Definitions. For purposes of this Article the following words shall be defined as stated below: Building means any structure without reference to use or occupancy for which a building permit is required and a certificate of occupancy mandated by the ordinances and codes of the Town. Building Official means the person or persons charged with the administration and enforcement of building, electrical, mechanical, plumbing and other codes as they are adopted by the Town, or such other person as the Town may authorize and designate to enforce such codes. Building permit means that permit which is required prior to the commencement of any constructions, including but not limited to dirt work, grading, digging, cement work, framing or finishing. Floor area means the area included within the surrounding exterior walls of a building or a portion of a building, measured from the inside of all exterior walls, excluding parking garages, hallways and public stairways. (Prior code 5-6.5) Sec. 18-6-30. Payment of fees. Any person applying for a building permit in accordance with the applicable ordinances of the Town for land which was annexed to the Town on or after November 1, 1984, shall as a condition of obtaining such building permit, pay the Town an impact fee in the amount of fifty cents ($0.50) per square foot of floor area, as herein defined, as the same may be determined from the plans and specifications submitted to the Building Official as part of the application for the building permit. This fee shall only apply to new construction and shall not apply to buildings which are merely being added onto or remodeled. Under no circumstances shall the Building Official issue a building permit until and unless the impact fee, as calculated above, has been paid in full. (Prior code 5-6.2) Sec. 18-6-40. Use of impact fee. The impact fee shall be used to help defray expenses to the Town which are caused by the influx of people and businesses to the Town. All money shall be deposited into the general fund of the Town. (Prior code 5-6.3) Sec. 18-6-50. Effective date. The impact fee shall be due and payable on any structure for which a building permit is obtained on or after November 1, 1984. (Prior code 5-6.4)
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ARTICLE VII Uniform Housing Code Sec. 18-7-10. Title. The provisions of this Article shall be known and cited as the uniform housing code of the Town. (Prior code 5-7.2) Sec. 18-7-20. Uniform Housing Code adopted. The Uniform Housing Code, 1997 edition, as published by the International Conference of Building Officials, 5260 South Workman Mill Road, Whittier, CA 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the housing code of the Town. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and appendices, contained therein. (Prior code 5-7.3) Sec. 18-7-30. Jurisdiction defined. Whenever the word jurisdiction is used in the Uniform Housing Code, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-7.4) Sec. 18-7-40. Amendments. The 1997 Uniform Housing Code is amended and changed in the following respects: none. (Prior code 5-7.5; Ord. 01-20) Sec. 18-7-50. Penalty. In addition to the penalty provisions contained in the Uniform Housing Code, any person that violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-7.7; Ord. 01-20; Ord. 13-11 §23) ARTICLE VIII Dangerous Buildings Code Sec. 18-8-10. Title. The provisions of this Article shall be known and cited as the dangerous buildings code of the Town. (Prior code 5-8.2; Ord. 01-20)
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Sec. 18-8-20. Uniform Code for the Abatement of Dangerous Buildings adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as published by the International Conference of Building Officials, 5260 South Workman Mill Road, Whittier, CA 90601-2298, is hereby adopted by reference and incorporated into this Article as though fully set forth herein as the dangerous buildings code of the Town. Except as otherwise provided hereafter, such code is adopted in full, including the outline of contents, index and Appendixes, contained therein. (Prior code 5-8.3) Sec. 18-8-30. Jurisdiction defined. Whenever the word jurisdiction is used in the Uniform Code for the Abatement of Dangerous Buildings, it shall be held to mean that area included within the corporate limits of the Town or any area hereafter annexed to the Town. (Prior code 5-8.4) Sec. 18-8-40. Amendments. The 1997 Uniform Code for the Abatement of Dangerous Buildings is amended and changed in the following respects: none. (Prior code 5-8.5; Ord. 01-20) Sec. 18-8-50. Penalty. In addition to the penalty provisions contained in the Uniform Code for the Abatement of Dangerous Buildings, any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. (Prior code 5-8.7; Ord. 01-20; Ord. 13-11 §24) ARTICLE IX Fuel Gas Code Sec. 18-9-10. Adoption. The International Fuel Gas Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's fuel gas code, subject to the amendments contained herein. (Ord. 08-01 §5) Sec. 18-9-20. Purpose. The purpose of this Article is to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems. (Ord. 08-01 §5)
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Sec. 18-9-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §5) Sec. 18-9-40. Amendments. The International Fuel Gas Code is adopted with the following amendments: Section 101.1 (Title) is amended by the addition of the term "Town of Elizabeth" where indicated. (Ord. 08-01 §5) Sec. 18-9-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §5; Ord. 13-11 §25) ARTICLE X Residential Code Sec. 18-10-10. Adoption. The International Residential Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's residential code, subject to the amendments contained herein. (Ord. 08-01 §6) Sec. 18-10-20. Purpose. The purpose of this Article is to provide minimum requirements to safeguard the public safety, health and general welfare, through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment. (Ord. 08-01 §6) Sec. 18-10-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §6) Sec. 18-10-40. Amendments. The International Residential Code is adopted with the following amendments: (1) Section R101.1 (Title) is amended by the addition of the term "Town of Elizabeth" where indicated.
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(2) Section R105.1 (Required) is amended by replacing the words "building official" with "town." (3) Section R108.5 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. "The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. "The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. "The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment." (4) Section R109.1.5 (Other Inspections) is amended by the addition of two (2) new subsections, which shall read as follows: "R109.1.5.3 Insulation inspection. Inspection of the structure shall be made following installation of the wall, ceiling, and floor insulation and exterior windows and before wall coverings are installed. "R109.1.5.4 Lath and gypsum inspection. Inspection of all interior or exterior lathing and gypsum board shall be made after installation but before any plaster is applied or before gypsum board joints and fasteners are taped and finished." (5) Section R110.4 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentences and replacing them with "town." (6) Section R112.1 (General) is amended by deleting the last three (3) sentences and inserting the following: "The members of the board of appeals shall be comprised of the members of the Town Board of Trustees." (7) Section R112.3 (Qualifications) is amended by deleting the section in its entirety. (8) Table R301.2(1) is filled to provide the following:
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Weathering Table R301.2(1) Subject to Damage From "Ground Snow Load
Wind Speed (mph)
Seismic Design Category
Weathering
Frost Line Depth
20
90
B
Severe
30
Termite Slight to Moderate
Winter Design Temp
Ice Shield Underlayment Required
1
No
Flood Hazard Per Town ordinances
Air Freezing Index
Mean Annual Temp
1,000
45°"
———————————————————————————
(9) Section R401.2 (Requirements) is amended by the addition of the following: "Foundations shall be designed and the construction drawings stamped by a Colorado registered design professional. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification prepared by a State of Colorado registered design professional is required for setback verification on all new Group R Division 3 occupancies." (10) Section R405.1 (Concrete and masonry foundations) is amended with the addition of the following after the first sentence: "All foundation drains shall be designed and inspected by a State of Colorado registered design professional." (11) Section P2603.6.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)." (Ord. 08-01 §6) Sec. 18-10-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §6; Ord. 13-11 §26) ARTICLE XI Energy Conservation Code Sec. 18-11-10. Adoption. The International Energy Conservation Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's energy conservation code, subject to the amendments contained herein. (Ord. 08-01 §7)
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Sec. 18-11-20. Purpose. The purpose of this Article is to regulate the design of energy-efficient buildings and energyefficient mechanical, lighting and power systems for the purpose of protecting the public health, safety and welfare. (Ord. 08-01 §7) Sec. 18-11-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §7) Sec. 18-11-40. Amendments. The International Energy Conservation Code is adopted with the following amendments: (1) Replace all references to "ICC Electrical Code" with "adopted electrical code." (2) Section 101.1 (Title) is amended by the addition of the term "Town of Elizabeth" where indicated. (Ord. 08-01 §7) Sec. 18-11-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §7; Ord. 13-11 §27) ARTICLE XII Property Maintenance Code Sec. 18-12-10. Adoption. The International Property Maintenance Code, 2006 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's property maintenance code, subject to the amendments contained herein. (Ord. 08-01 §8) Sec. 18-12-20. Purpose. The purpose of this Article is to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the conditions and maintenance of all property, buildings and structures. (Ord. 08-01 §8)
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Sec. 18-12-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §8) Sec. 18-12-40. Amendments. The International Property Maintenance Code is adopted with the following amendments: (1) Section 101.1 (Title) is amended by the addition of the term "Town of Elizabeth" where indicated. (2) Section 103.5 (Fees) is amended by deleting the section in its entirety. (3) Section 111.2 (Membership of board) is amended by deleting the section in its entirety and inserting the following: "The members of the board of appeals shall be comprised of the members of the Town Board of Trustees." (4) Section 111.2.1 (Alternate members) is amended by deleting the section in its entirety. (5) Section 111.2.2 (Chairman) is amended by deleting the section in its entirety. (6) Section 111.2.3 (Disqualification of member) is amended by deleting the section in its entirety. (7) Section 111.2.4 (Secretary) is amended by deleting the section in its entirety. (8) Section 111.2.5 (Compensation of members) is amended by deleting the section in its entirety. (Ord. 08-01 §8) Sec. 18-12-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §8; Ord. 13-11 §28)
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ARTICLE XIII Electrical Code Sec. 18-13-10. Adoption. The National Electrical Code, 2005 Edition, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, is hereby adopted by reference as the Town's electrical code, subject to the amendments contained herein. (Ord. 08-01 §9) Sec. 18-13-20. Purpose. The purpose of this Article is to adopt comprehensive provisions and standards regulating the installation of electrical conductors and equipment within or on public or private buildings or other structures and the installation of electrical conductors and equipment to a supply of electricity and other outside conductors on public or private property to protect the public health, safety and general welfare. (Ord. 08-01 §9) Sec. 18-13-30. Copy on file. At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours. (Ord. 08-01 §9) Sec. 18-13-40. Amendments. The National Electrical Code is adopted with the following amendments: None. (Ord. 08-01 §9) Sec. 18-13-50. Penalty. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than the amount set forth in Section 1-4-20 of this Code or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment for each such violation. Each day that a violation continues shall be deemed a separate offense. (Ord. 08-01 §9; Ord. 13-11 §29) ARTICLE XIV Growing of Medical Marijuana in Residential Structures Sec. 18-14-10. Purpose. This Article is intended to apply to the growing of medical marijuana in residential structures, whether such growing is done by patients for their own use or by primary caregivers. (Ord. 11-08 §1)
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Sec. 18-14-20. Growing of medical marijuana in residential structures. A primary caregiver, for purposes of this Article and consistent with Article XVIII, Section 14(1)(f) of the Colorado Constitution, is defined as a natural person, other than the patient and the patient's physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. In addition to other activities conducted on behalf of the patient, a primary caregiver, a patient or a group of patients cultivating marijuana plants for their own use may cultivate, possess, produce, use or transport marijuana or paraphernalia to administer marijuana for medicinal purposes, subject to the following: (1) Such cultivation, production or possession of marijuana plants must be in full compliance with all applicable provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, Section 12-43.3-101, et seq., C.R.S., and the Medical Marijuana Program, Section 25-1.5-106, C.R.S. (2) Such marijuana plants are cultivated, produced or possessed within a licensed patient's or registered caregiver's primary residence, as defined in Paragraph (8) below. (3) The cultivation, production or possession of such marijuana plants must not be perceptible from the exterior of the primary residence, including but not limited to: a. Common visual observation, including any form of signage; b. Unusual odors, smells, fragrances or other olfactory stimulus; c. Light pollution, glare or brightness that disturbs the repose of another; and d. Undue vehicular or foot traffic, including excess parking within the residential zone. (4) Such marijuana plants shall not be grown or processed in the common areas of a multifamily or attached residential development. (5) Such cultivation, production or possession of marijuana plants shall be limited to the following space limitations within a primary residence: a. Within a single-family dwelling unit (Group R-3 as defined by the International Building Code): A secure, defined, contiguous one-hundred-fifty-square-foot area within the primary residence of the licensed patient or registered caregiver. b. Within a multi-family dwelling unit (Group R-2 as defined by the International Building Code): A secure, defined, contiguous one-hundred-square-foot area within the primary residence of the patient or registered caregiver. c. Such cultivation, production or possession of marijuana plants shall not occur in any accessory structure. (6) Such cultivation, production or possession of marijuana plants shall meet the requirements of all adopted Town building and life/safety codes, as the same may be amended from time to time.
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(7) Such cultivation, production or possession of marijuana plants shall meet the requirements of all adopted water and sewer regulations promulgated by the Town. (8) For purposes of this Article, primary residence means the place that a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration or credit, water and utility billing. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings. (9) For purposes of this Article, a secure area means an area within the primary residence accessible only to the patient or primary caregiver. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals or anyone not licensed and authorized to possess medical marijuana. (10) The cultivation, production or possession of marijuana plants in a residential structure pursuant to this Article is and shall be deemed consent by the primary caregiver or patient upon reasonable notice for the Town to inspect the premises to assure compliance with the provisions of this Article. (Ord. 11-08 §1) ARTICLE XV Growing of Marijuana in Residential Structures for \Personal Use Sec. 18-15-10. Purpose. This Article is intended to apply to the growing of marijuana in residential structures for personal use to the extent authorized by Article XVIII, Section 16(3)(b), of the Colorado Constitution. (Ord. 13-02 §1) Sec. 18-15-20. Growing of marijuana in residential structures. For purposes of this Article and consistent with Article XVIII, Section 16(3)(b), of the Colorado Constitution, any person, who is twenty-one (21) years of age or older who is cultivating marijuana plants for his or her own use, may possess, grow, process or transport no more than six (6) marijuana plants, with three (3) or fewer being mature, subject to the requirements that follow. (1) Such possessing, growing, processing or transporting of marijuana plants for personal use must be in full compliance with all applicable provisions of Article XVIII, Section 16, of the Colorado Constitution. (2) Such marijuana plants are possessed, grown or processed within the primary residence of the person possessing, growing or processing the marijuana plants for personal use, as defined by Paragraph (8) below.
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(3) The possession, growing and processing of such marijuana plants must not be perceptible from the exterior of the primary residence, including but not limited to: a. Common visual observation, in–cluding any form of signage; b. Unusual odors, smells, fragrances or other olfactory stimulus; c. Light pollution, glare or brightness that disturbs the repose of another; and d. Undue vehicular or foot traffic, including excess parking within the residential zone. (4) Such marijuana plants shall not be grown or processed in the common areas of a multifamily or attached residential development. (5) Such cultivation, production, growing or processing of marijuana plants shall be limited to the following space limitations within a primary residence: a. Within a single-family dwelling unit (Group R-3 as defined by the International Building Code): A secure, defined contiguous one-hundred-fifty-square-foot area within the primary residence of the person possessing, growing or processing the marijuana plants for personal use. c. Such possession, growing and processing of marijuana plants shall not occur in any accessory structure. (6) Such possession, growing and processing of marijuana plants shall meet the requirements of all adopted Town building and life/safety codes, as the same may be amended from time to time. (7) Such possession, growing and processing of marijuana plants shall meet the requirements of all adopted water and sewer regulations promulgated by the Town. (8) For purposes of this Article, primary residence means the place that a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential access for domestic purposes, such as, but not limited to, slumber, preparation and partaking of meals, regular mail delivery, vehicle and voter registration or credit, water and utility billing. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings. (9) For purposes of this Article, a secure area means an area within the primary residence accessible only to the person possessing, growing or processing the marijuana plants for personal use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals or anyone not licensed and authorized to possess marijuana. (10) The possession, growing and processing of marijuana plants in a residential structure pursuant to this Article is and shall be deemed consent by the person possessing, growing or
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processing the marijuana plants for personal use, upon reasonable notice, for the Town to inspect the premises to assure compliance with the provisions of this Article. (Ord. 13-02 §1)
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