This Building Code shall extend to and govern the following:

(1)

The construction, addition, alteration, repair, demolition, conversion, removal, moving, occupancy and maintenance of any building, structure or private utility hereafter erected.

(2)

The alteration, addition, repair, demolition, removal, moving, change of occupancy and maintenance of any existing building, structure or private utility heretofore erected.

(Code 1975, § 44-10; Ord. No. 1530, 2-10-86; Ord. No. 2384, § 3, 11-27-95)

For the purpose of this chapter, words, phrases and terms defined in this section shall be given the defined meanings and shall be applicable for this Chapter 10. Words, phrases and terms defined neither in this section nor in this Building Code shall be given their usual and customary meanings. Words, phrases and terms shown in italics in the body of a paragraph are defined in the building codes. The text of the Building Code shall control captions, titles and maps.

Abandon or abandoned means the desertion of a building, structure or utility and when all utilities are disconnected and/or the building, structure or utility is left to the mercy of vandalism, dilapidation and deterioration and creates a fire hazard, an unsafe condition or a nuisance.

Building code means the total content of this chapter, together with the contents of the primary and secondary codes adopted by this chapter.

Building department means one and the same in all respects as the building inspection division as used in this chapter and elsewhere in city communications and documents, and the two phrases shall be used interchangeably.

Building official means the city's designated chief building official or designee.

Building permit means the official city document authorizing construction activity under the primary and secondary codes.

Dangerous Building Code when used herein, refers to the latest edition of the Uniform Code for the Abatement of Dangerous Buildings, as published by the International Code Council, and as adopted in Section 10-159, and amended in Section 10-159.1.

Deterioration, as applied to buildings, structures, equipment and materials, includes corrosion, decay, wear and tear through abuse, obsolescence, effects of the elements, fire damage, lack of maintenance or by any other cause and also includes fatigue due to overstressing, disintegration of the component parts of a building, structure and equipment and the separation of materials and structural parts.

Fire department means the Thornton Fire Department as used in this chapter.

Homeowner shall mean the individual shown as having record title of any building or structure as shown in the official records of the Adams County Clerk and Recorder.

IBC means the latest edition of the International Building Code, as published by the International Code Council, and as adopted in Section 10-151 and amended in Section 10-152.

IEBC means the latest edition of the International Existing Building Code, as published by the International Code Council, and as adopted in Section 10-176 and amended in Section 10-177.

IECC means the latest edition of the International Energy Conservation Code, as published by the International Code Council, and as adopted in Section 10-174 and amended in Section 10-175.

IFC means the latest edition of the International Fire Code, as published by the International Code Council, and as adopted in Section 10-160 and amended in section 10-161.

IFGC means the latest edition of the International Fuel Gas Code, as published by the International Code Council, and as adopted in Section 10-157 and amended in Section 10-158.

IMC means the latest edition of the International Mechanical Code, as published by the International Code Council, and as adopted in Section 10-155 and amended in Section 10-156.

IPC means the latest edition of the International Plumbing Code, as published by the International Code Council, and as adopted in Section 10-153 and amended in Section 10-154.

IRC means the latest edition of the International Residential Code, as published by the International Code Council, and as adopted in Section 10-164 and amended in Section 10-165.

ISPSC means the latest edition of the International Swimming Pool and Spa Code, as published by the International Code Council, and as adopted in Section 10-179 and amended in Section 10-180.

Local health department means as defined in Section 1-2.

NEC means the latest edition of the National Electric Code, as published by the National Fire Protection Association, and as adopted in Section 10-162 and amended in Section 10-163.

Premises shall mean the building together with its grounds and other appurtenances and improvements.

Principal residence shall mean, for an individual, the residence as determined by the address given by the individual and shall be the location where the individual(s) habitation is fixed and to which that individual, whenever absent, has the present intention of returning after departure or absence regardless of the duration of such absence. In determining principle residence, the following circumstances shall be considered: voter registration address, motor vehicle registration address (as applicable), and or the address given for state income tax purposes.

Structure means an assembly of materials forming a construction for occupancy and includes, but is not limited to, buildings, stadiums, tents, reviewing stands, platforms, stagings, observation towers, radio and television towers, water tanks, swimming and wading pools, retaining walls, open sheds, coal bins, shelters, fences and display signs. This definition shall not include utilities.

Utility, private includes, but is not limited to, streets, drainage, water, sewer, electricity, and/or gas, which is not an approved franchise, or not a city, county, state, or federally owned utility.

Utility, public means one which is authorized to be franchised by an affirmative vote of the people as is necessary to fulfill the obligations as indicated by such authorization or franchise, or any city, county or federally owned utility.

(Code 1975, § 44-4(b); Ord. No. 1530, 2-10-86; Ord. No. 2203, §§ 2, 3, 10-12-92; Ord. No. 2384, § 2, 11-27-95; Ord. No. 2731, § 1, 10-8-02; Ord. No. 3136, § 1, 7-13-10; Ord. No. 3252, § 1, 7-23-13; Ord. No. 3398, § 1, 8-23-16; Ord. No. 3666, § 3, 9-26-23)

Cross reference— Definitions generally, § 1-2.

Pursuant to the authority conferred by Section 2-55(b) of the Code, this Building Code is enacted for the preservation and promotion of the public peace and for the preservation and promotion of the convenience, good order, tranquility, prosperity, happiness, morals, best interests and general welfare of the people and to establish minimum standards of design, materials and workmanship for all buildings and structures erected, altered or repaired and to establish methods of moving or wrecking of buildings within the city limits.

The primary and secondary codes and referenced standards or regulations contained therein, as adopted in Article IV of this Building Code shall be considered part of this Building Code and the provisions of Articles I, II and III of this Building Code shall be applicable to all primary and secondary codes adopted by reference in Article IV.

(Code 1975, § 44-1; Ord. No. 1530, 2-10-86; Ord. No. 3136, § 1, 7-13-10)

If there are any conflicts between the provisions of any of the sections of this Building Code, the more restrictive of the several provisions or requirements shall govern.

(Code 1975, § 44-3; Ord. No. 1530, 2-10-86; Ord. No. 3136, § 1, 7-13-10)

Editor's note— Ord. No. 3136, § 1, adopted July 13, 2010, repealed § 10-5 which pertained to suspension or revocation of privileges not considered penalty and derived from § 44-48 of the 1975 Code, and Ord. No. 1530, adopted Feb. 10, 1986.

Establishment. There is established in the city a building inspection division, as a part of the city development department and it shall be referred to in Chapter 10 as the building department which shall be under the supervision of the building official. The building official shall have the authority to inspect or cause to be inspected for compliance with this Building Code, all buildings, structures or private utilities in the city.

(Ord. No. 3136, § 2, 7-13-10)

The building official, member of the building code advisory board or employee charged with the enforcement of this Building Code, while acting in the course and scope of their duties required by this Building Code or other pertinent law or ordinance, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Building Code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings.

(Ord. No. 3136, § 2, 7-13-10)

(a)

Right of Entry. Where it is necessary to make an inspection to enforce the provisions of the Building Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of the Building Code that makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the Building Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

(b)

Program of inspection.

(1)

A program of regular and continuous inspection of existing manufacturing, commercial and residential buildings and structures within this city is found and determined to be necessary to provide and maintain the minimum standards of public health and safety required to be provided for by law.

(2)

Such a program of inspection is authorized and approved, and the departments of fire, health and the building department are authorized and directed to make such inspections of such property as they determine are required to make such a program effective.

(3)

In the implementation of such a program of inspection, the duly authorized inspection personnel of such departments are authorized and directed to use all means provided by law to effect entry into or upon such property to make such inspections.

(4)

Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

(5)

The use of used materials that meet the requirements of this Building Code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.

(6)

Where there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or the owner's agent, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the building department.

(7)

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the Building Code, provided that any such alternative has been approved by the building official. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in the Building Code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reason why the alternative was not approved. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the Building Code, shall consist of valid research reports from approved sources.

(c)

Tests. Whenever there is insufficient evidence of compliance with the provisions of the Building Code, or evidence that a material or method does not conform to the requirements of the Building Code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in the Building Code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

(Ord. No. 3136, § 2, 7-13-10; Ord. No. 3398, § 2, 8-23-16)

(a)

Designation as appellate body. Whenever in this Building Code reference is made to an appeal from any written ruling or administrative decision, the building code advisory board shall be the appellate body so designated whether it shall be styled as the board of appeals, housing appeals and advisory board or by any other name. In this section, the building code advisory board shall be referred to as the "board."

(b)

Organization. The board shall consist of five members, who are qualified by experience and training to pass upon matters pertaining to building construction, and it shall have representatives from the following fields: engineering, architecture, building construction or building design. Board members shall not be current employees of the city. Three members of the board shall constitute a quorum. The building code advisory board shall be appointed by the city council to serve four-year overlapping terms ending on March 1 of even-numbered years; except that three members will initially be appointed for a term of office ending March 1, 2000; thereafter, the term for these members shall be four years. All reappointments or successive appointments shall be for the remainder of the predecessor's term if vacated, or for a four-year term if the preceding appointment has expired. The bylaws of the board and any amendments thereto shall be approved by the city council.

(c)

Right of appeal. Any person may appeal any final, written decision of the building official or fire chief to the board.

(d)

Application. Application for a hearing before the board shall be made on forms designated for such purpose. These forms shall be made available in the office of the building department and shall be available to the public upon request.

(e)

Fee. Each application for a hearing before the board shall be accompanied by a fee in an amount that shall be determined from time to time by resolution of the city council.

(f)

Time limit. Any final written decision of the building official or fire chief shall be subject to appeal for 30 days. No appeal shall be accepted or heard if it is filed after that date.

(g)

Scope of authority. The board shall have the authority to review any written final decisions of the building official or fire chief when such decisions are based on the provisions of this Building Code. The board shall not have the authority to review the denial of a building permit, or decisions based on the Development Code in Chapter 18. The board may determine the suitability of alternate methods and materials and may review other matters which may properly come before the board, except that the board shall not have the authority to recommend decreasing public safety or fire-resistive standards set forth in any section of this Building Code. Where specific materials, types of construction or fire-resistive properties are required, such requirements shall be the minimum requirements, and any materials, types of construction or fire-resistive protection which will afford an equal or greater degree of safety or resistance to fire as specified in the Building Code may be recommended. The board will also review and hold public hearings regarding the adoption of building codes and make formal recommendations to the city council for adoption.

(h)

Meetings. After the application has been filed and the fee has been paid, the building official shall notify the chairperson of the board, who shall arrange a hearing as promptly as possible but in no case more than 15 days after the completion of the filing of the application, including the payment of fees.

(i)

Evidence. The appellant and the building department and/or the Thornton Fire Department shall be given the opportunity to present evidence to the board.

(j)

Decision. The decision of the board shall be final. This shall be binding on the city.

(Ord. No. 3136, § 2, 7-13-10; Ord. No. 3692, § 1, 6-11-24; Ord. No. 3731, § 2, 5-13-25)

(a)

Prohibitions. It shall be unlawful for any person to do or cause to be done or perform or cause to be performed any act contrary to or in violation of any of the provisions of this Building Code or any other code, rule or regulation promulgated under this Building Code which is enforced and administered by the building department.

(1)

Alternate methods, materials and equipment. It shall be unlawful for any person to use any method, material or equipment as an alternate to the methods, materials or equipment permitted by this Building Code, without first having obtained approval in the manner provided.

(2)

Licensing. It shall be unlawful to erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert or demolish any building, structure or utility in the city without first obtaining a license in accordance with the provisions of contractors' licenses in Article III, Division 2, of this Building Code.

(3)

Building Permits. It shall be unlawful for any person to 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 such to be done contrary to or in violation of any of the provisions of this Building Code and without first having obtained a building permit as required by the provisions of this Building Code.

(4)

Licensee responsibility. It shall be unlawful for any licensee to commit any violation of such licensee's responsibilities as enumerated in this Building Code.

(5)

Drawings and specifications. A building permit shall not be issued without drawings and specifications being submitted as required by the provision of this Building Code.

(6)

Certificate of occupancy. It shall be unlawful for any person to occupy any building or structure without first obtaining a certificate of occupancy or letter of compliance as required by the provisions of this Building Code.

(7)

Unsafe buildings. It shall be unlawful for any person to maintain or permit to be maintained any building, structure or private utility when such building, structure or private utility is unsafe in accordance with the provisions of this Building Code. These requirements shall apply to buildings, structures or utilities, new, existing, under construction or being demolished.

(8)

Covering or concealing work. It shall be unlawful to cover or conceal work requiring inspections without first obtaining approval as required by the provisions of this Building Code.

(9)

Inspection. It shall be unlawful to fail to have work, for which a building permit is issued, inspected by the building department as required by the provisions of this Building Code.

(b)

Violations.

(1)

Established. Wherever, by the provisions of this Building Code, the performance of any act is prohibited or wherever any regulation, dimension or limitation is imposed on the erection, alteration, maintenance or occupancy of any building, structure or utility, a failure to comply with the provisions of this Building Code shall constitute a violation. Every day in which a violation exists or every day in which a violation is committed, continues or is permitted shall constitute a separate violation and a separate offense.

(2)

Suspension or revocation of license, certificate or building permit. The suspension or revocation of any license, certificate, building permit or other privilege conferred by the city shall not be regarded as a penalty for the purposes of the Building Code.

(3)

Remedies. In the event that any building, structure or utility is erected, constructed, reconstructed, altered, repaired, converted, demolished, moved or maintained or any building, structure or utility is used in violation of this Building Code, the city or any proper person may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or occupancy, to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land. The imposition of any penalty under this subsection shall not preclude the city or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Building Code and with administrative orders and determinations made under this Building Code.

(Ord. No. 3136, § 2, 7-13-10)

(a)

General. No person or the federal, state, county or city government or any agency, subdivision or department thereof shall erect, construct, enlarge, remodel, alter, repair, move, improve, remove, convert, demolish or change the type of occupancy of any building, structure or utility or perform any other work regulated by this Building Code or cause such to be performed without first having obtained a building permit for the specific work to be performed issued by the building department. A building permit shall not be required of a public utility, duly franchised or authorized as such in the city, for the repair and maintenance of the equipment and facilities used in the distribution of such utility which has been exempted elsewhere in this Building Code.

(b)

Transfer of building permit. Building permits may be transferable upon payment of permit transfer fee provided that there are no changes to the approved plans and specifications and the building permit has not been expired for more than 180 days. Fees are due and payable prior to the transfer. A letter from the original building permit holder indicating approval and permission for the transfer to take place shall be required. All transfer requests shall be in writing and shall have the prior approval of the building official. The amount of the transfer fee is in an amount established by the schedule of fees adopted by resolution.

(c)

Work exempt from building permit. Exemptions from building permit requirements of the Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the Building Code or any other laws or ordinances of the city. Building permits shall not be required for the following:

(1)

Buildings/structures:

a.

One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m ² ).

b.

Fences not over 30 inches (762 mm) high.

c.

Oil derricks.

d.

Retaining walls that are not over four feet (1,219 mm) 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 IIIA liquids.

e.

Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.

f.

Sidewalks not more than 30 inches (762 mm) measured vertically to the floor or grade below at all points within 36 inches horizontally to the edge of the open side, and not over any basement or story below and not part of an accessible route.

g.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

h.

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

i.

Prefabricated swimming pools accessory to a Group R-3 occupancy or one- and two-family dwelling, that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18925 L) and are installed entirely above ground.

j.

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

k.

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

l.

Window awnings in Group R-3 and U occupancies and in one-and-two family dwellings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

m.

Stationary and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height.

n.

Freestanding shade structures meeting all of the following requirements: Less than 120 square feet in area, limited to 12 feet in height, openings in the roof structure spaced greater than six inches, floor height less than 12 inches above grade, not attached to any structure, and not serving an exit door.

o.

Replacement of asphalt shingle when, over the aggregate roof area, there is less than one square (100 square feet) that will be replaced.

p.

Replacement of doors and windows in single-family dwellings, two-family dwellings, and townhouses where the size of the opening does not change.

q.

Driveways serving single-family dwellings.

(2)

Electrical systems:

a.

Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

b.

Electrical equipment used for radio and television transmissions. Equipment and wiring for a power supply and the installations of towers and antennas does require a building permit.

c.

Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

d.

Listed cord-and-plug connected temporary decorative lighting.

e.

Reinstallation of attachment plug receptacles but not the outlets therefor.

f.

Replacement of branch circuit over current devices of the required capacity in the same location.

g.

Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

(3)

Gas systems:

a.

Portable heating, cooking or clothes drying appliances.

b.

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

c.

Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

(4)

Mechanical systems:

a.

Portable heating appliance.

b.

Portable ventilation appliances.

c.

Portable cooling unit.

d.

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

e.

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

f.

Portable evaporative cooler.

g.

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

h.

Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

(5)

Plumbing systems:

a.

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 building permit shall be obtained and inspection made as provided in this Building Code.

b.

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

(d)

Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the building permit application shall be submitted within the next working business day to the building official.

(e)

Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

(f)

Authorized applicants. Only persons duly licensed under the terms and provisions of this Building Code may apply for a building permit and shall be limited to perform only such work as they are entitled to perform under their respective licenses. Any application for a building permit filed in derogation of this Building Code shall be deemed to have been filed with fraudulent intent and shall be nullified. Notwithstanding the restrictions in this subsection and in addition thereto, the following persons shall be deemed to be authorized applicants:

(1)

Any homeowner of a one- or two-family dwelling, townhouse, Group R, Division 3, or a Group U, building may make application for a building permit to enlarge, remodel, alter, repair, improve, convert or demolish such building. Upon the issuance of a building permit under this division, all such work authorized shall be performed personally only by such person and shall be performed in accordance with all the requirements of this Building Code.

(2)

Any person who owns real property and who wishes to construct or erect only a Group U building or structure in the appropriate zoning district may make application for a building permit for such building or structure.

(g)

Application. To obtain a Building Permit, the applicant shall first file an application therefor in writing or electronically on a form furnished by the Building Department for that purpose. Such application shall:

(1)

Identify and describe the work to be covered by the building permit for which application is made.

(2)

Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)

Indicate the use and occupancy for which the proposed work is intended.

(4)

Be accompanied by construction documents and other information as required in Section 10-63(c).

(5)

State the valuation of the proposed work.

(6)

Give such other data and information as required by the building official.

(h)

Signature. A contractor or the contractor's authorized representative shall be required to sign all applications for building permits issued to such licensee. An applicant for a homeowner's building permit shall be required to sign all applications for building permits issued in such homeowner's name.

(i)

Action on application. The building official shall examine or cause to be examined applications for building permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of the Building Code and all applicable laws, regulations, or standards, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of the Building Code and all applicable laws and regulations, or standards, the building official shall issue a building permit therefor as soon as practicable.

(j)

Time limitation of application. An application for a building permit for any proposed work shall expire 180 days after the date of filing if no building permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each upon written request received before such application expires. The extension request shall be in writing and shall state justifiable cause necessitating the extension.

(k)

Validity.

(1)

The issuance of a building permit or the approval of drawings and specifications shall not be construed to be an approval of any violation of the provisions of this Building Code or any other law, rule or regulation. A building permit issued shall be invalid if, in the work completed, a violation of this Building Code ensued. When such violation occurs and correction notices are not followed, the building permit shall be deemed void, and the building, structure or utility shall be made to conform to the provisions of this Building Code or shall be removed or demolished.

(2)

The issuance of a building permit, based upon drawings and specifications, shall not prevent the building department from requiring the correction of violations in such drawings and specifications or from stopping unlawful building operations being carried on thereafter.

(l)

Expiration and cancellation. Every building permit issued pursuant to the Building Code shall expire and be of no further force and effect if the work authorized by such building permit has not been verified by an inspection within 180 days from the issue date of such building permit. A building permit shall also expire and be of no further force or effect if, no further inspection of work authorized by the building permit has occurred within 180 days of a prior inspection. Regardless of when any work authorized by a building permit has started or without regard to any inspection of work, a building permit shall expire one year from the date of issuance for residential and commercial projects with a valuation of less than $10,000,000.00, and two years from the date of issuance for residential and commercial projects with a valuation of $10,000,000.00 or more. No refund of the building permit fee shall be issued for expired building permits. Before work may be commenced or resumed for work authorized by an expired building permit, a new building permit fee shall be paid in an amount as established by the schedule of fees adopted by resolution, provided that no changes have been made in the original drawings and specifications for such work. If the building permit holder can demonstrate that the suspension or abandonment was occasioned by circumstances beyond the control of the building permit holder, the building permit may be issued without charge,

Exception: The work authorized by a wrecking or moving building permit shall be commenced within 30 days from the date of the issuance of such building permit and shall be continuous until the work authorized by such building permit is completed. If such work is suspended or abandoned for a period of ten days after the work has commenced, the building permit shall expire. For the purposes of this subsection, the definition of "continuous" shall be the normal rate of progress in the completion of a project with good building or demolition practices.

(m)

Revocation and suspension. The building department may revoke or suspend any building permit or may stop the work authorized by any building permit for any of the following reasons:

(1)

Whenever there is a violation or suspicion of a violation of any provision of this Building Code or any city ordinance which the building department is empowered to enforce.

(2)

Whenever the continuance of any work becomes dangerous to the public health, safety or welfare or to property.

(n)

Notice. The notice of revocation or suspension of the building permit in every instance shall be in writing and shall be served upon the holder of the building permit, the owner or the person performing any work authorized by the building permit. After the notice is served, it shall be unlawful to proceed with any work for which such building permit was issued. The building permit fee for revoked building permit shall not be refunded. Reinstatement of a suspended building permit shall be by written notice from the building department.

(o)

Denial under certain conditions. The city manager may order, in writing, that the building official temporarily stop issuing building permits to a certain owner or person in the case of willful and repeated violations of this Building Code, the city's Standards and Specifications for Public Improvements or other city regulations.

(p)

Restrictions and limitations. The issuance or granting of any building permit or approval of plans shall not prevent the building department from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on there under when in violation of the Building Code or any other ordinance or from revoking any certificate of approval when issued in error.;

(q)

Placement of permit. The building permit or copy and the approved construction documents shall be kept on the site of the work and available to the inspector until completion of the project.

(Code 1975, § 44-26; Ord. No. 1530, 2-10-86; Ord. No. 2203, § 9, 10-12-92; Ord. No. 2384, § 10, 11-27-95; Ord. No. 3136, § 2, 7-13-10; Ord. No. 3252, § 2, 7-23-13; Ord. No. 3398, § 3, 8-23-16; Ord. No. 3538, § 1, 9-10-19; Ord. No. 3643, § 1, 2-14-23; Ord. No. 3679, § 6, 10-22-24)

(a)

Fee established. For purposes of this section, a building permit fee shall be established based upon valuation. The determination of value or valuation under any of the provisions of this Building Code shall be based upon the reproduction cost new, without depreciation and without regard to any loss occasioned from fire or other causes. The valuation of buildings or structures and each of the utilities shall be made independently.

(b)

Determination of value.

(1)

The final determination of value or valuation under any of the provisions of this Building Code for all building permits shall be made by the building official. The valuation to be used in computing the building permit fees shall be the total value of all labor, materials and equipment that constitute the work for which the permit is issued, including but not limited to, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other installation of permanent equipment.

(2)

The minimum valuation for new commercial, commercial remodel, commercial addition, new residential, and residential addition permits is calculated on the project's gross floor area (square feet) multiplied by the applicable cost per square foot from the "Building Valuation Data" table published by the International Code Council and established by the building official. For the purposes of this section total replacement shall be considered new construction and is defined as more than 50 percent of replacement of the building or structure, based on the estimated current replacement cost to replace the building or structure in kind.

(3)

The minimum valuation for plumbing, electric and mechanical permits shall be the signed contract amount with the general contractor.

(4)

The minimum valuation for residential remodel and miscellaneous permits is calculated on the project's estimated material cost, as supplied by the applicant, multiplied by two.

(c)

Building permit fees. Fees for building permits are hereby imposed based upon valuation, as set forth herein, and as set forth in the schedule of fees adopted by resolution. Fees for supplementary building permits to cover additional valuation not included in the original building permit are hereby imposed in an amount as established and set forth in the schedule of fees adopted by resolution. All fees established or imposed herein must be paid to the city prior to issuance of the permit.

(d)

Plan review fees. When submittal of documents are required by section 10-63, a plan review fee shall be imposed in the amount of 65 percent of the building permit fee, as set forth in the schedule of fees adopted by resolution. The plan review fee may be required to be paid at the time plans are submitted, as determined by the building official, otherwise the plan review fee will be paid when a building permit is issued. If a building permit is not issued the plan review fees are due and payable upon expiration of the plan review and application.

(1)

Plan review fees specified in this section are in addition to the building permit fees specified in Section 10-62(c).

(2)

When submittal documents are incomplete or change so as to require additional plan review or when the project involves deferred submittal items as defined by this Building Code, an additional plan review fee shall be imposed in an amount as established in the schedule of fees adopted by resolution.

(e)

Fee exemption for governmental work. The government of the United States, the state and its political subdivisions and the city and all agencies and departments thereto shall be exempt from the payment of fees for work performed on buildings, structures or utilities owned wholly by such agencies or departments and devoted exclusively to governmental use.

(f)

Additional fees. The fee for a supplementary building permit to cover any additional valuation not included in the original building permit shall be the difference between the fee originally paid and the fee which would have been required had the original building permit included the entire valuation.

(g)

Investigation fees: Work without a building permit.

(1)

Whenever it is discovered that any work for which a building permit is required by this Building Code has been commenced without first having obtained a building permit, a special investigation is hereby imposed before a building permit may be issued for such work.

(2)

The investigative fee, is in addition to the building permit fee, and shall be imposed whether or not a building permit is issued. The investigation fee shall be paid upon completion of the investigation. The investigation fee shall be equal to the amount of the building permit fee as determined and set forth in the schedule of fees adopted by resolution.

(3)

The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this Building Code nor from any penalty prescribed by law. Investigation fees shall be due and payable regardless of whether a building permit is issued or not.

(h)

Rebates. A person who converts from a solid fuel-fired heating device to natural gas logs or a natural gas fireplace or to a department of health certified solid fuel-burning device that meets the current emissions standards under Regulation 4 of the State Air Quality Control Commission, or certified pellet stove or insert will be eligible for a building permit and/or inspection permit fee rebate. Such rebate may be obtained by submitting documentation evidencing the purchase of the conversion materials and a copy of a letter of compliance issued by the city building department verifying installation to the city revenue division.

(i)

Refunds. The building official has the discretion to refund building permit fees and plan review fees paid under the following conditions:

(1)

A written request for a refund must be submitted within 180 days of the date the fee was paid.

(2)

The written request must set forth the basis for the request for a refund, identify the project for which a refund is requested and the request must be from the same person or entity which paid the fee.

(3)

If the foregoing provisions have been met, the building official may refund building permit fees or plan review fees based upon the following criteria:

a.

If fees were paid or collected in error, the applicable fees paid shall be refunded.

b.

If the project for which a building permit fee has been paid is not to be constructed and no construction has commenced, or the request for plan review for such project is being withdrawn before review of the plans has occurred, the applicable fees paid, minus a 20 percent processing and file preparation charge, shall be refunded.

c.

If the plans for the project have been reviewed, to any extent, at the time a request for refund is submitted, the refund request shall be denied.

d.

If any construction has been commenced pursuant to a building permit, the refund request shall be denied.

(Code 1975, § 44-27; Ord. No. 1530, 2-10-86; Ord. No. 2195, § 2, 9-28-92; Ord. No. 2203, § 10, 10-12-92; Ord. No. 2375, § 3, 6-26-95; Ord. No. 2384, § 11, 11-27-95; Ord. No. 2849, § 1, 10-26-04, eff. 1-1-05; Ord. No. 3136, § 1, 7-13-10; Ord. No. 3252, § 3, 7-23-13)

(a)

Required. Drawings and specifications shall be required prior to the issuance of a building permit under this division. Such drawings and specifications shall be checked and approved by the building department prior to the issuance of a building permit for the work to be performed. All drawings shall have the stamp of approval on each page thereof.

(b)

Responsibility for design.

(1)

A building permit shall not be issued unless the plans and specifications for such proposed construction, reconstruction, alteration, or remodeling conform to all applicable provisions and the regulations and restrictions of this Building Code. Plans and specifications shall be prepared and shall bear the seal and signature of a design professional practicing within their area of expertise and licensed by the State of Colorado.

(2)

Exception. Plans need not be prepared by a licensed design professional for the following:

a.

One-, two-, three-, and four-family dwellings, including accessory buildings commonly associated with such dwellings.

b.

Garages, industrial buildings, offices, farm buildings and buildings for the marketing, storage, or processing of farm products, and warehouses that do not exceed one story in height, exclusive of a one-story basement, and that are not designed for occupancy by more than ten persons.

c.

Additions, alterations, or repairs to the buildings listed in subsections 10-63(b)(1)(a) and (b) which do not cause the completed buildings to exceed the applicable limitations set forth in this subsection.

d.

Nonstructural alterations of any nature to any building if such alterations do not affect the life safety of the occupants of the building.

(3)

The building official may require plans, computations and specifications to be prepared, sealed and signed by a licensed design professional practicing within their area of expertise whenever, in the opinion of the building official, the project is of such complexity as to require the preparation of such by a licensed design professional. Building permits for remodeling buildings or structures shall not be issued without requiring complete plans.

(4)

When it is required that documents be prepared by a licensed design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

(c)

Information and preparation. Drawings, when required, shall be made to scale upon substantial paper, plastic or cloth, and the drawings and specifications shall be complete and of sufficient clarity to indicate the entire nature and extent of the work proposed and to indicate in detail that the building, structure and utilities will conform to the provisions of this Building Code and all relevant laws, rules and regulations. Plans may be submitted electronically upon approval of the building official.

(1)

Mechanical drawings, specifications and analyses shall contain the following:

a.

The name, signature and address of the person responsible for the preparation of such drawings and specifications, the seal of the design professional responsible for the preparation of such drawings and specifications on each drawing and the signature of the design professional affixed to each page thereof.

b.

At least single-line drawings, including typical isometric, of plumbing, heating and air-treatment systems.

c.

A Btu rating of gas units, including the method of combustion, air supply, the type of refrigeration and horsepower and the gas meter locations.

d.

Heating, ventilation, cooling and fire protection details and calculations.

(2)

Electrical drawings, specifications and analyses shall contain the following:

a.

The name, signature and address of the person responsible for the preparation of such drawings and specifications and the seal of the design professional responsible for the preparation of such drawings and specifications stamped on each drawing and the signature affixed thereto.

b.

A complete electrical layout with a service diagram showing load breakdown and sizes of service and feeder panels.

c.

Calculations indicating the determination of sizes of all electrical wiring and equipment.

d.

The complete elevator layout.

(3)

Additional information that may be required by the building department shall include the following:

a.

Reports of an independent testing agency which substantiate the requirements of this Building Code regarding structural or fire-resistive characteristics of the building or portion thereof.

b.

Calculation indicating the determination of sizes of elements of the structure.

c.

Any other information that may be deemed necessary in the determination of compliance with the requirements of this Building Code.

d.

A survey establishing the location of boundaries and the drainage of the property upon which the operations are to be executed shall be furnished.

e.

The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of the Building Code. In other than one-and two-family dwellings and townhomes the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

f.

Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with the Building Code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

g.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope and shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

h.

The construction documents submitted with the application for building permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for building permit is for alteration or repair or when otherwise warranted.

i.

Where design flood elevations are not specified, the elevation shall be established in accordance with IBC Section 1612.3.1.

j.

Demolition permits require the submittal of a State of Colorado permit for the demolition project.

(4)

For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official.

(5)

Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.

(d)

Disposal of drawings. After final inspection has been made, upon the completion of the work approved in a set of drawings and specifications, the building department copy of such drawings and specifications shall be disposed of in the following manner:

(1)

All drawings and specifications pertaining to city-owned buildings, structures or utilities shall be kept in a permanent file.

(2)

Other drawings and specifications may be disposed of at any time after two years have elapsed from the date of the issuance of the building permit.

(3)

Drawings and specifications submitted for checking only may be disposed of after 90 days.

(e)

Expiration of plan review. Applications for plan review shall expire if no building permit is issued within 180 days following the date the application was accepted. Any plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.

(1)

The building official may extend the time to obtain a building permit for a period not exceeding 180 days on written request of the applicant prior to the expiration date showing that circumstances beyond the control of the applicant have prevented the issuance of the permit.

(2)

In order to resubmit an application after expiration, the applicant shall pay a new plan review fee in an amount established by the schedule of fees adopted by resolution as required for a new plan review, provided no changes have been made or will be made in the original plans and specifications for such work and that the plans are still in compliance with this Building Code, if a later edition of the Building Code has been adopted by the city council, provided further that the expiration has not exceeded 180 days.

(3)

In order to resubmit an application after expiration, the applicant shall resubmit plans and pay a new plan review fee as set forth in the schedule of fees established from time to time by resolution.

(Code 1975, § 44-28; Ord. No. 1530, 2-10-86; Ord. No. 2033, § 1(d), 12-17-90; Ord. No. 2203, § 11, 10-12-92; Ord. No. 2384, § 12, 11-27-95; Ord. No. 3136, § 1, 7-13-10; Ord. No. 3252, § 4, 7-23-13)

(a)

Generally.

(1)

Upon issuance of a building permit for construction or work for which a building permit is required, such construction or work shall be subject to inspection and shall remain accessible and exposed for such inspection until the construction or work is approved.

(2)

Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the city. It shall be the responsibility of the building permit holder to notify the building official when construction or work is ready for inspection. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material that is required to allow inspection.

(3)

The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

(4)

The building official may require retest of any installation or assembly on which a report has been filed and, in the case of substantial discrepancy in the results of the test, may suspend any agency's privilege to file the report in lieu of actual inspection.

(5)

Required inspections shall include but not be limited to the following:

a.

Plumbing inspection.

1.

Rough-in. This is the first inspection, which shall consist of the water or air test on all potable water lines, waste and vent piping and is performed prior to covering.

2.

Final. The final inspection shall be made when all fixtures are set and work is completed and operating.

b.

Electrical inspection.

1.

Rough-in. This is the first inspection, which shall consist of all conduit, semi rigid piping or wiring being in place prior to covering.

2.

Final . The final inspection shall be made when the work is completed and operating.

c.

Mechanical inspection.

1.

Rough-in. The first inspection shall be made when all duct and pipe work is in place before it is covered.

2.

Final. Final inspection shall be made when the system is completed and operating.

d.

Footing, caisson inspection. Footing or caisson inspection shall be made after trenches or caissons are excavated and the forms are erected but before the concrete is deposited. If engineered footings are to be used, a copy of the engineer's report must be submitted to the building inspector at this time.

e.

Form survey. Setbacks shall be verified by a survey signed and sealed by a registered surveyor performed after the foundation forms are set and submitted prior to the placement of concrete in the forms.

Exception: Additions, detached Group U occupancies, remodels and renovations

f.

Framing inspection. The framing inspection shall be made after wall and roof framing are completed, bracing and fire stops are in place and all pipes, wires and vents are complete.

g.

Final inspection. The final inspection shall be made at the time the contractor feels the building or structure fulfills all requirements for a certificate of occupancy.

(b)

Inspection requests. Any person or entity issued a building permit or their duly authorized agent shall notify the building official when work is ready for inspection. It shall be the responsibility of any person or entity issued a building permit to call for an inspection before the building permit expires. It shall be the responsibility of the building permit holder to provide access to and means for inspections of such work that are required by the Building Code.

(c)

Reinspections. A reinspection fee may be imposed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Building Code. Reinspection fees may be imposed when the inspection record card is not posted or otherwise available on the worksite, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the building official. Where reinspection fees have been imposed no inspection will take place until the required reinspection fees have been paid. Reinspection fees shall be in amounts as established in the schedule of fees established from time to time by resolution of the city council.

(d)

Approval required.

(1)

Work shall not be performed on any portion of a building, structure or utility beyond the point indicated in each successive inspection without first obtaining the approval of the building department. Such approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections in this section.

(2)

Foundation work, reinforcing steel or the structural framework of any part of any building, structure or utility shall not be covered or concealed in any manner whatever without first obtaining the approval of the building official.

(e)

Stop work orders. Whenever the building official finds any work regulated by the Building Code being performed in a manner either contrary to the provisions of this Building Code or dangerous or unsafe, the building official is authorized to issue a stop work order.

(1)

Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work or conspicuously posted on the site. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume

(2)

Unlawful continuance. It is unlawful for any person to 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 by the building official.

(3)

Unlawful removal. It is unlawful for any person to remove or deface any stop work order posted on property pursuant to this subsection (f) unless resumption of work is authorized by the building official.

(f)

Connection of service utilities.

(1)

No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the Building Code for which a building permit is required, until released by the building official.

(2)

The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

(3)

The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the Building Code, and the referenced codes and standards set forth in Section 10-3 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by this Building Code. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

(g)

Certificate of occupancy.

(1)

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Building Code, regulations or standards or of any other ordinances of the City of Thornton. A certificate of occupancy shall be issued for completion of a project in accordance with the International Building Code, as adopted in Section 10-151, or the International Residential Code, as adopted in Section 10-164, or the International Existing Building Code, as adopted in Section 10-176, otherwise a letter of compliance shall be issued upon the completion of a job following the final inspection if it is found that all licenses and building permits are in order, the building complies with the provisions of this Building Code and other applicable municipal regulations and the use of the structure is a permitted use.

Exception: Certificates of occupancy are not required for work exempt from building permits under Section 10-61(c).

(2)

After the building official inspects the building or structure and finds no violations of the provisions of Building Code or other laws that are enforced by the building department, the building official shall issue a certificate of occupancy that contains the following:

1.

The building permit number;

2.

The address of the structure;

3.

The name and address of the owner;

4.

A description of that portion of the structure for which the certificate is issued;

5.

A statement that the described portion of the structure has been inspected for compliance with the requirements of the Building Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified;

6.

The name of the building official;

7.

The edition of the Building Code under which the building permit was issued;

8.

The use and occupancy of the building or structure;

9.

The type of construction the building or structure is built to; and

10.

Any special stipulations and conditions of the building permit.

(3)

The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official.

Exception: Dwelling units and Group U occupancies shall not be required to post the certificate of occupancy.

(4)

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the building permit, provided that such portions can be occupied safely as determined by the building official, and all applicable fees have been paid. The building official shall set a time period during which the temporary certificate of occupancy is valid. The temporary certificate of occupancy fee is in an amount established by the scheduled of fees adopted by resolution.

(5)

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this Building Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Building Code.

(h)

Change of occupancy. A change of occupancy is defined as a change in the ownership of a building, change in the ownership of a business, a change in the business name, or a change in the use of a building. A change of use is not limited to a change of classification. Every change of occupancy requires the issuance of a new certificate of occupancy following a safety inspection and approval by the building official.

(i)

Letter of compliance. Any work completed in compliance with a building permit for which a certificate of occupancy is not issued pursuant to this Building Code shall be issued a letter of compliance; if following the final inspection it is found that all licenses are issued, the building complies with the provisions of this Building Code and other applicable municipal regulations, and the use of the structure is a permitted use.

(Code 1975, § 44-29; Ord. No. 1530, 2-10-86; Ord. No. 2203, § 12, 10-12-92; Ord. No. 2384, § 13, 11-27-95; Ord. No. 2731, § 3, 10-8-02; Ord. No. 3136, § 1, 7-13-10; Ord. No. 3252, § 5, 7-23-13; Ord. No. 3538, § 2, 9-10-19; Ord. No. 3615, § 1, 1-11-22)

(a)

Duties of building department. The building department, pursuant to law, will determine the qualifications for persons or entities applying for a contractor's license as prescribed herein.

(b)

Contractor. Any person who undertakes to perform any of the types of work or activity controlled by this section for any compensation whatsoever shall be considered a contractor, including persons who purchase properties with the intent to remodel and sell the property. Exception: A person performing for wages under and for another person appropriately licensed shall not be considered a contractor. A homeowner performing work on such homeowner's principle residence shall not be considered a contractor. A homeowner may be issued a building permit to construct a maximum of one residence for such homeowner's principle residence within a 24-month period. The start date of the 24 month period shall be the issue date of the certificate of occupancy. The construction thereof becomes such homeowner's liability and responsibility for meeting all of the conditions of this Building Code. Public utility companies will not be required to obtain licenses for the firm or corporation or for their employees when engaged in the installation, operation and maintenance of equipment which will be used for the production, generation or distribution of the public utility, product or service through the facilities owned or operated by such public utility company to the point of the customer service.

(c)

Examining procedures. The building official shall establish such reasonable examining procedures for the issuance of contractor's licenses as shall, from time to time, become necessary. These examining procedures shall be implemented so as to ensure the city that the applicant does indeed have the knowledge and capability to perform work in accordance with the regulations of the Building Code, and the city shall not deny a license to any person capable and willing to perform in such fashion.

(Code 1975, § 44-16; Ord. No. 1530, 2-10-86; Ord. No. 2203, § 7, 10-12-92; Ord. No. 2227, § 2, 1-25-93; Ord. No. 2384, § 7, 11-27-95; Ord. No. 3136, § 3, 7-13-10; Ord. No. 3252, § 6, 7-23-13)

(a)

Definition of license. A contractor's license is authority granted to the person to whom it is issued to perform certain work, and it is not transferable.

(b)

License required. Any contractor, except electrical contractors licensed by the state while engaged in electrical work, performing in a business involving the construction, alteration, remodeling, repairing or equipping of buildings or other structures or performing in the installation of underground utilities or construction of roads and streets in the city and on all city-owned water, sewer and storm drainage facilities, shall be licensed as a contractor as required by this section.

(c)

Application form and procedure. An application for a contractor's license shall be on such forms as the building official may require. A final review and appropriate action shall be taken on such license application, as soon as practical and the applicant shall be notified accordingly.

(d)

License without examination. The building official may issue a contractor's license, without examination, upon the payment of the required fees, applicants who are duly licensed as a contractor under the laws of the state and/or cities and/or counties having requirements for the licensing and regulating of the plumbing trade, mechanical trade, building trade, etc., deemed by the building official to be equivalent to the requirements of this Building Code and this state.

(e)

Manufactured home installer's license.

(1)

Every person engaged in the installation of a manufactured home or other relocatable housing unit shall hold a valid class D manufactured home installer's license issued by the city. The issuance of such a license shall conform with the requirements of this Building Code.

(2)

Any person required to obtain a contractor's license under the provisions of this subsection shall apply to the building official on an application form provided for that purpose by the building official. The applicant shall pay an annual license fee, adopted by the city council by resolution. The license shall be a class D manufactured home installer license as specified in Section 10-118. Applicants for this class D manufactured home installer license shall be licensed with the State of Colorado Division of Housing as a certified manufactured home installer.

(3)

A license holder under this subsection is limited to the performance of the following services:

a.

Connection to existing electrical outlet and gas meter.

b.

Connection to water and sewer utility outlets, provided that the outlets are located on the site of the manufactured home.

c.

Moving of the mobile home onto a manufactured home space and installation of blocking, piers, and tie down systems.

(4)

The owner of a manufactured home, provided that the owner is also the occupant of the manufactured home, may install and locate the manufactured home, including attachment to the required utilities, and the owner shall not be required to obtain a license provided for in this section; provided, however, that the owner shall acquire all other necessary building permits. Homeowners shall be allowed to install a maximum of one manufactured home in a 12-month period. The start date for the 12-month period shall be the date of the manufactured home letter of completion/compliance.

(5)

All installations and connections of manufactured homes shall be in accordance with the applicable provisions of this chapter and other applicable codes and ordinances of the city.

(Code 1975, § 44-17; Ord. No. 1530, 2-10-86; Ord. No. 2033, § 1(a), (b), 12-17-90; Ord. No. 2227, § 3, 1-25-93; Ord. No. 2384, § 8, 11-27-95; Ord. No. 3136, § 3, 7-13-10)

_____

The classification of contractor's licenses is as follows:

(Code 1975, § 44-18; Ord. No. 1530, 2-10-86; Ord. No. 2590, § 1, 12-13-99; Ord. No. 2731, § 4, 10-8-02; Ord. No. 3136, § 3, 7-13-10)

_____

The license and registration fees for all classifications of contractors' licenses shall be in an amount as adopted by resolution.

(Code 1975, § 44-19; Ord. No. 1530, 2-10-86; Ord. No. 2033, § 1(c), 12-17-90; Ord. No. 2203, § 8, 10-12-92; Ord. No. 2227, § 4, 1-25-93; Ord. No. 3136, § 3, 7-13-10)

(a)

All contractor's licenses required under this division shall expire one year from the date of issue.

(b)

The fee for the renewal of a license shall be the same as the fee for issuing such license as set forth in Section 10-119.

(c)

A contractor's license that is not renewed within one year of the expiration date shall expire permanently and the applicant will be required to apply for a new license in accordance with the provisions of this Building Code.

(Code 1975, § 44-21; Ord. No. 1530, 2-10-86; Ord. No. 3136, § 3, 7-13-10)

All persons issued a contractor's license under this division shall be responsible for work requiring a building permit under the provisions of this Building Code, without limitation to the items as listed in this section. See Section 10-36 for unlawful acts. It shall be the responsibility of the licensee to:

(1)

Provide minimum safety measures and equipment to protect workers and the public in general as prescribed by this Building Code.

(2)

Observe any other city, county or state ordinance or statute prescribing measures for the safety of workers and of the public.

(3)

Present license cards when requested by the building official.

(4)

Obtain a building permit when the building permit is required.

(5)

Construct faithfully, without substantial departure from or disregard of, drawings and specifications when such drawings and specifications have been filed and approved by the building department and a building permit has been issued for such, unless such changes are approved by the building department.

(6)

Complete all work authorized on the building permit issued under the authority of this Building Code, unless good cause is proved.

(7)

Obtain inspection services when the inspection services are required by this Building Code.

(8)

Pay any fee assessed under the authority of this Building Code.

(9)

Obey any order issued under the authority of this Building Code.

(10)

Provide honest and factual information on all applications for building permits.

(Code 1975, § 44-22; Ord. No. 1530, 2-10-86; Ord. No. 3136, § 3, 7-13-10)

(a)

A change in name, business designation or personnel of a business issued a contractor's license shall void the license unless such changes are recorded with the building department within ten days after making such change.

(b)

Incorporation or a change in incorporation creating a new legal entity that requires a contractor's license, even though one or more stockholders or directors have a license, shall void the license.

(c)

The organization of a partnership or the change in a partnership creating a new legal entity that requires a contractor's license, even though one or more of the partners are licensed, shall void the license.

(d)

The dissolution of a corporation or partnership which has been licensed terminates the contractor's license, and no individual or firm may operate under such license.

(e)

In the case where it is desired to change the name of a presently licensed firm, partnership or corporation where there is no change in ownership, a new contractor's license shall be issued under the new name, without charge, upon the surrender of the contractor's license originally issued.

(Code 1975, § 44-23; Ord. No. 1530, 2-10-86; Ord. No. 3136, § 3, 7-13-10)

(a)

Authority. The building official may suspend or revoke a contractor's license required under this division when a licensed contractor commits one or more of the following acts or omissions:

(1)

Failure to comply with any of the licensee's responsibilities.

(2)

Knowingly combining or conspiring with a person by permitting one's contractor's license to be used by such person.

(3)

By acting as agent, partner, associate or in any other capacity with persons to evade the provisions of this Building Code.

(4)

Violating any provisions of this Building Code or any other city ordinance.

(b)

Procedure. When any of the acts or omissions as enumerated in subsection (a) of this section are committed by a licensed contractor and the building official deems that such contractor's license shall be suspended or revoked, the procedure shall be as follows:

(1)

The contractor shall be notified, in writing, by certified mail or by personal service, at least seven days prior to the effective date of the suspension or revocation.

(2)

Upon the receipt of the notice, the contractor may request a hearing. Such request shall be in writing to the building official within seven days of the receipt of the notice.

(3)

If a hearing is requested by the contractor, the building official shall set a time, date and place for the hearing and shall so notify the contractor.

(4)

When a hearing is conducted, the contractor and other interested parties may be in attendance.

(c)

Hearing. The hearing shall be conducted by the building code advisory board.

(Code 1975, § 44-24; Ord. No. 1530, 2-10-86; Ord. No. 2384, § 9, 11-27-95; Ord. No. 2590, § 2, 12-13-99; Ord. No. 3136, § 3, 7-13-10)

Except as otherwise expressly provided herein, the Building Code shall not be construed to require the duplication or reissuance of any license within the same calendar year, the duplication of any examination or the duplication of any payment of any license fee for a particular grade of license within the same calendar year. All persons in the building and construction industries licensed as of the effective date of the ordinance from which this section derives under former codes and ordinances shall be deemed to be appropriately licensed under this division. Licenses shall expire under the provisions of Section 10-120.

(Code 1975, § 44-25; Ord. No. 1530, 2-10-86; Ord. No. 3136, § 3, 7-13-10)

The International Building Code, 2024 edition, is published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001. The purpose and subject matter of the International Building Code includes regulating construction aspects of building and providing greater safety to the public and uniformity in building laws. The International Building Code, 2024 edition, is hereby adopted by this reference and incorporated into this Code as the Building Construction Code of the City. Except as otherwise provided in Section 10-152, the International Building Code, 2024 edition, is adopted in full including the outline of contents and the index, but excluding all appendix chapters, except Appendix I.

(Ord. No. 2993, § 1, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 4, 7-13-10; Ord. No. 3252, § 7, 7-23-13; Ord. No. 3398, § 4, 8-23-16; Ord. No. 3538, § 3, 9-10-19; Ord. No. 3643, § 2, 2-14-23; Ord. No. 3731, § 3, 5-13-25)

Editor's note— Ord. No. 2993, § 1, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-151, and enacted a new § 10-151 as set out herein. The former § 10-151 pertained to similar subject matter and derived from Ord. No. 2849, § 2, adopted Oct. 26, 2004.

Charter reference— Adoption by reference, § 8.10.

Cross reference— Adoption by reference authorized, § 2-55.

State Law reference— Adoption by reference, C.R.S. § 31-16-201 et seq.

The International Building Code adopted in Section 10-151 is hereby amended as follows, with section numbers referring to section numbers of the International Building Code:

Subsection 101.1 is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Building Code of the City of Thornton, hereinafter referred to as "this code."

Subsection 101.4.4 is hereby amended to read as follows:

101.4.4 Property maintenance. The provisions of the International Existing Building Code and the Uniform Code for the Abatement of Dangerous Buildings shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Subsection 102.6 is hereby amended to read as follows:

102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Uniform Code for the Abatement of Dangerous Buildings, the International Existing Building Code, or the International Fire Code.

Subsections 114.1 and 114.2 are hereby amended to read as follows:

[A] 114.1 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. Additionally, any property owner may be held liable for any of the above referenced actions taken by any person in violation of any of the provisions of this code on the property owner's property.

[A] 114.2 Notice of violation.

The building official is authorized to serve a notice of violation or order on any person or property owner who violates Subsection 114.1. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

Section 202 Definitions; [BS] DANGEROUS is hereby amended to read as follows:

[BS] DANGEROUS. Any building, structure or portion thereof that meets any of the conditions described below or meets the definition of dangerous as stated in the Uniform Code for the Abatement of Dangerous Buildings shall be deemed dangerous:

1.

The building or structure has collapsed, has partially collapsed, has moved off its foundation or lacks the support of the ground.

2.

There exists a significant risk of collapse, detachment or dislodgement of any portion, member, appurtenance or ornamentation of the building or structure under permanent, routine, or frequent loads; under actual loads already in effect; or under snow, wind, rain, flood, earthquake, or other environmental loads when such loads are imminent.

Section 202 Definitions is hereby amended to read as follows:

SLEEPING ROOM. A habitable space that meets the minimum area requirements of the building code, and, contains a closet or an area that is readily convertible to a closet. An adjacent area fitted with permanently affixed floor to ceiling shelving and no clothes rod may be defined as a storage room in a non-sleeping room.

A new Subsection 915.1.2. is hereby enacted to read as follows:

915.1.2 Where required in existing dwellings. Where interior work requiring a permit occurs in existing Group I or R occupancies that have attached garages or contain fuel-fired appliances, carbon monoxide detection shall be provided in locations described in Section 915.2.1 through 915.2.2. A listed smoke/carbon monoxide detector may be used if the signals clearly differentiate between the two hazards. Carbon monoxide detectors may be hard wired, plugged into an unswitched outlet or battery powered and attached to the wall or ceiling. Carbon monoxide detectors are not required to be interconnected.

Subsection 915.2.1 is hereby amended to read as follows:

915.2.1 Dwelling units. Carbon monoxide detection shall be installed in dwelling units outside of each separate sleeping area within fifteen feet (4572 mm) of the entrance to each bedroom. Where a CO source is located within a bedroom or its attached bathroom, carbon monoxide detection shall be installed within the bedroom.

Subsection 1031.2 is hereby amended to read as follows:

1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in the following occupancies:

1.

Group R-2 occupancies located in stories with only one exit or access to only one exit as permitted by Tables 1006.3.4(1) and 1006.3.4(2).

2.

Group R-3 and R-4 occupancies.

Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way.

Exceptions:

1.

Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that opens to a public way.

2.

Basements without habitable spaces and having no more than 200 square feet (18.6 m ² ) in floor area shall not be required to have emergency escape and rescue openings.

3.

Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.

Subsection 1031.3.1 is hereby amended to read as follows:

1031.3.1 Minimum size.Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.53 m ² ).

Subsection 1031.6 is hereby amended to read as follows:

1031.6 Bars, grilles, covers and screens. Where bars, grilles, covers, screens or similar devices are placed over emergency escape and rescue openings or area wells that serve such openings, the minimum net clear opening size shall comply with Sections 1031.3 and 1031.5. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the emergency escape and rescue opening. Such bars, grilles, or grates shall weigh no more than 30 pounds (13.6 kg). Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Section 907.2.11 regardless of the valuation of the alteration.

Subsection 1209.1 is hereby amended to read as follows:

1209.1 Crawl spaces. Crawl spaces shall be provided with not less than one access opening that shall be not less than 22 inches by 30 inches (559 mm by 762 mm).

A new Subsection 1512.1.2 is hereby enacted to read as follows:

1512.1.2 Replacement of asphalt shingles. When more than one square of asphalt shingles is required to be replaced over the aggregate area of the roof and a permit is required, every slope containing damaged shingles shall be replaced in its entirety. The interface of different types of shingles shall only occur at a ridge, hip or open valley. All existing layers of asphalt shingles shall be removed to the roof deck.

Subsection 1612.3 is hereby amended to read as follows:

1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in a report entitled "The Flood Insurance Study for the City of Thornton dated December 2, 2021 as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

Subsection 1805.4.3 is hereby amended to read as follows:

1805.4.3 Drainage discharge. The floor base and foundation perimeter drain shall be designed to collect in a sump and discharge by gravity and mechanical means into an approved drainage system that complies with the International Plumbing Code.

Table 2902.1 is hereby amended to read as follows:

[P]TABLE 2902.1
MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES^a(See Sections 2902.1.1 and 2902.2)

a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by this code.

b. Toilet facilities for employees shall be separate from facilities for inmates or care recipients.

c. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted, provided that each patient sleeping unit has direct access to the toilet room and provisions for privacy for the toilet room user are provided.

d. The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required.

e. For business classifications with an occupant load of 25 or fewer, and mercantile classifications with an occupant load of 42 or fewer, a service sink shall not be required.

f. The required number and type of plumbing fixtures for outdoor swimming pools shall be in accordance with Section 609 of the International Swimming Pool and Spa Code.

g. Drinking fountains are not required where only one toilet room is required.

(Ord. No. 2993, § 2, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 5, 7-13-10; Ord. No. 3252, § 8, 7-23-13; Ord. No. 3398, § 5, 8-23-16; Ord. No. 3538, § 4, 9-10-19; Ord. No. 3643, § 3, 2-14-23; Ord. No. 3731, § 4, 5-13-25)

Editor's note— Ord. No. 2993, § 2, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-152, and enacted a new § 10-152 as set out herein. The former § 10-152 pertained to similar subject matter and derived from Ord. No. 2849, § 3, adopted Oct. 26, 2004.

The International Plumbing Code, 2024 edition, is published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001. The purpose and subject matter of the International Plumbing Code includes regulating the construction, alteration, and repair of all new and existing structures and specifically all plumbing installations therein or in connection therewith. The International Plumbing Code, 2024 edition, is hereby adopted by this reference and incorporated into this Code as the Plumbing Code of the City. Except as otherwise provided in Section 10-154, the International Plumbing Code, 2024 edition, is adopted in full including the outline of contents and the index, but excluding all appendix chapters, except Appendix E.

(Ord. No. 2993, § 3, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 7, 7-13-10; Ord. No. 3252, § 9, 7-23-13; Ord. No. 3398, § 6, 8-23-16; Ord. No. 3538, § 5, 9-10-19; Ord. No. 3643, § 4, 2-14-23; Ord. No. 3731, § 5, 5-13-25)

Editor's note— Ord. No. 2993, § 3, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-153, and enacted a new § 10-153 as set out herein. The former § 10-153 pertained to similar subject matter and derived from Ord. No. 2849, § 4, adopted Oct. 26, 2004.

Charter reference— Adoption by reference, § 8.10.

Cross reference— Adoption by reference authorized, § 2-55.

State Law reference— Adoption by reference, C.R.S. § 31-16-201 et seq.

The International Plumbing Code adopted in Section 10-153 is amended as follows, with section numbers referring to section numbers of the International Plumbing Code:

Subsection [A] 101.1 is hereby amended to read as follows:

[A] 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Thornton, hereinafter referred to as "this code."

Subsection 305.4 is hereby amended to read as follows:

305.4 Freezing. Water, soil and waste pipes shall not be installed outside of a building, in attics or crawl spaces, concealed in outside walls, or in any other place subjected to freezing temperatures unless adequate provision is made to protect such pipes from freezing by insulation or heat or both. Exterior water supply system piping between the tap of the main water line and the water meter shall be installed not less than 48 inches (1219 mm) below finished grade. The water service piping serving the building from the meter shall be installed not less than 6 inches (152 mm) below the frost line and not less than 12 inches (305 mm) below grade.

Subsection 305.4.1 is hereby amended to read as follows:

305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 12 inches (305 mm) below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 12 inches (305 mm) below grade.

Subsection 312.1 is hereby amended to read as follows:

312.1 Required tests. The permit holder shall make the applicable tests prescribed in Sections 312.2 through 312.10 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment, material, power and labor necessary for the inspection and test shall be furnished by the permit holder and he or she shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. Plumbing system piping shall be tested with either water or air. After the plumbing fixtures have been set and their traps filled with water, the entire drainage system shall be submitted to final tests. The code official shall require the removal of any cleanouts if necessary to ascertain whether the pressure has reached all parts of the system.

Table 403.1 footnotes e and g are hereby amended to read as follows:

TABLE 403.1
MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES^a(See Sections 403.1.1 and 403.2)

a. The fixtures shown are based on one fixture being the minimum required for the number of persons indicated or any fraction of the number of persons indicated. The number of occupants shall be determined by this code.

b. Toilet facilities for employees shall be separate from facilities for inmates or care recipients.

c. A single-occupant toilet room with one water closet and one lavatory serving not more than two adjacent patient sleeping units shall be permitted, provided that each patient sleeping unit has direct access to the toilet room and provisions for privacy for the toilet room user are provided.

d. The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required.

e. For business classifications with an occupant load of 25 or fewer, and mercantile classifications with an occupant load of 42 or fewer, a service sink shall not be required.

f. The required number and type of plumbing fixtures for outdoor swimming pools shall be in accordance with Section 609 of the International Swimming Pool and Spa Code.

g. Drinking fountains are not required where only one toilet room is required.

Subsection 410.2 is hereby amended to read as follows:

410.2 Small occupancies. Drinking fountains shall not be required where only one toilet room is required.

Subsection 410.4 is hereby amended to read as follows:

410.4 Substitution. Where restaurants provide drinking water in a container free of charge, drinking fountains shall not be required in those restaurants. In other occupancies, where three or more drinking fountains are required, water dispensers shall be permitted to be substituted for not more than 50 percent of the required number of drinking fountains.

Exception: Where only one drinking fountain is required by Table 403.1 a water cooler or bottled water dispenser may be substituted.

Subsection 604.8 is hereby amended to read as follows:

604.8 Water-pressure reducing valve or regulator. The maximum static pressure within a building shall be 80 psi (552 kPa). An approved water-pressure reducing valve conforming to ASSE 1003 or CSA B356 with strainer shall be installed to reduce the pressure in the building water distribution piping to not greater than 80 psi (552 kPa) static.

(Ord. No. 2993, § 4, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 8, 7-13-10; Ord. No. 3252, § 10, 7-23-13; Ord. No. 3398, § 7, 8-23-16; Ord. No. 3538, § 6, 9-10-19; Ord. No. 3643, § 5, 2-14-23; Ord. No. 3648, § 4, 4-11-23; Ord. No. 3731, § 6, 5-13-25)

Editor's note— Ord. No. 2993, § 4, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-154, and enacted a new § 10-154 as set out herein. The former § 10-154 pertained to similar subject matter and derived from Ord. No. 2849, § 5, adopted Oct. 26, 2004.

The International Mechanical Code, 2024 edition, is published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001, is hereby adopted by this reference and incorporated in this Code as the Mechanical Code of the City. The purpose and subject matter of the International Mechanical Code includes the regulation of the construction, alteration, and repair of all new and existing structures and specifically all mechanical installations therein or in connection therewith. Except as otherwise provided in this Code, the International Mechanical Code, 2024 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 2993, § 5, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 9, 7-13-10; Ord. No. 3252, § 11, 7-23-13; Ord. No. 3398, § 8, 8-23-16; Ord. No. 3538, § 7, 9-10-19; Ord. No. 3643, § 6, 2-14-23; Ord. No. 3731, § 7, 5-13-25)

Editor's note— Ord. No. 2993, § 5, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-155, and enacted a new § 10-155 as set out herein. The former § 10-155 pertained to similar subject matter and derived from Ord. No. 2849, § 6, adopted Oct. 26, 2004.

Charter reference— Adoption by reference, § 8.10.

Cross reference— Adoption by reference authorized, § 2-55.

State Law reference— Adoption by reference, C.R.S. § 31-16-201 et seq.

The International Mechanical Code adopted in Section 10-155 is amended as follows, with section numbers referring to section numbers of the International Mechanical Code:

Subsection [A] 101.1 is hereby amended to read as follows:

[A] 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Thornton, hereinafter referred to as "this code."

(Ord. No. 2993, § 6, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 10, 7-13-10; Ord. No. 3252, § 12, 7-23-13; Ord. No. 3398, § 9, 8-23-16; Ord. No. 3538, § 8, 9-10-19; Ord. No. 3643, § 7, 2-14-23; Ord. No. 3731, § 8, 5-13-25)

Editor's note— Ord. No. 2993, § 6, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-156, and enacted a new § 10-156 as set out herein. The former § 10-156 pertained to similar subject matter and derived from Ord. No. 2849, § 7, adopted Oct. 26, 2004.

The International Fuel Gas Code, 2024 edition, is published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001, is hereby adopted by this reference and incorporated in this Code as the Fuel Gas Code of the City. The purpose and subject matter of the International Fuel Gas Code includes the design and installation of fuel gas systems and gas-fired appliances. Except as otherwise provided in this Code, the International Fuel Gas Code, 2024 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 2993, § 7, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 11, 7-13-10; Ord. No. 3252, § 13, 7-23-13; Ord. No. 3538, § 9, 9-10-19; Ord. No. 3643, § 8, 2-14-23; Ord. No. 3731, § 9, 5-13-25)

Editor's note— Ord. No. 2993, § 7, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-157, and enacted a new § 10-157 as set out herein. The former § 10-157 pertained to similar subject matter and derived from Ord. No. 2849, § 8, adopted Oct. 26, 2004.

The International Fuel Gas Code adopted in Section 10-157 is amended as follows, with section numbers referring to section numbers of the International Fuel Gas Code:

Subsection [A] 101.1 is hereby amended to read as follows:

[A] 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Thornton, hereinafter referred to as "this code."

Subsection 406.4.1 is hereby repealed and reenacted to read as follows:

406.4.1 Test pressure. The minimum test pressure for a low-pressure gas system shall be 20 pounds per square inch (137.9 kPa) for 15 minutes. Low-pressure gas shall be defined as 14 inches of water column or less. The minimum test pressure for any other gas system shall be 60 pounds per square inch (413.7 kPa) for 30 minutes.

Subsection 406.4.2 is hereby repealed in its entirety.

(Ord. No. 2993, § 8, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 12, 7-13-10; Ord. No. 3252, § 14, 7-23-13; Ord. No. 3398, § 10, 8-23-16; Ord. No. 3538, § 10, 9-10-19; Ord. No. 3643, § 9, 2-14-23; Ord. No. 3731, § 10, 5-13-25)

Editor's note— Ord. No. 2993, § 8, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-158, and enacted a new § 10-158 as set out herein. The former § 10-158 pertained to similar subject matter and derived from Ord. No. 2849, § 9, adopted Oct. 26, 2004.

The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, copyright 1997 by the International Conference of Building Officials, is adopted by reference thereto and incorporated into this Code as the dangerous building code of the city. The purpose and subject matter of the Uniform Code for the Abatement of Dangerous Buildings includes the provision of just, equitable and practicable procedures for the classification and abatement of dangerous buildings. Except as otherwise provided in this Code, the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, is adopted in full, including the outline of contents and index contained therein.

(Code 1975, § 44-41; Ord. No. 1530, 2-10-86; Ord. No. 2033, § 1(p), 12-17-90; Ord. No. 2281, § 9, 9-13-93; Ord. No. 2452, § 7, 5-27-97; Ord. No. 2590, § 7, 12-13-99; Ord. No. 3136, § 13, 7-13-10)

Charter reference— Adoption by reference, § 8.10.

Cross reference— Adoption by reference authorized, § 2-55.

State Law reference— Adoption by reference, C.R.S. § 31-16-201 et seq.

The Uniform Code for the Abatement of Dangerous Buildings adopted by Section 10-159 is amended as follows; section numbers refer to section numbers of the Uniform Code for the Abatement of Dangerous Buildings:

Section 103 is hereby amended to read as follows:

SECTION 103 - ALTERATIONS, ADDITIONS AND REPAIRS. All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the International Existing Building Code as adopted by the City of Thornton.

Section 301 is hereby amended by the enactment of the words to be inter-delineated alphabetically as follows:

BOARD OF APPEALS means the same as Building Code Advisory Board as used in this chapter and defined in City Code, and the two phrases shall be used interchangeably.

Section 301, BUILDING CODE is hereby amended to read as follows:

BUILDING CODE means Chapter 10 of the Code referred to as the Building Code of the City of Thornton and all primary and secondary Codes adopted by reference.

Section 302, Items No. 15 and 16, are hereby amended to read as follows:

15.

Whenever any building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, contamination, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Building Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

16.

Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the Building Official to be a fire hazard.

Section 401.1 is hereby amended to read as follows:

401.1 Commencement of Proceedings. When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the Building Official shall commence proceedings to abate by the repair, rehabilitation, remediation, demolition and/or vacation of the building.

Section 401.2 Subsection 3, 3.1 is hereby amended to read as follows:

3.1 If the Building Official has determined that the building or structure must be repaired, rehabilitated or remediated, the order shall require that any required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.

Section 401.2 Subsection 3, 3.3 is hereby amended to read as follows:

3.3 If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed 30 days from the date of the order); that all required permits be secured therefor within 15 days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable.

Section 401.2 Subsection 4 is hereby amended to read as follows:

4.

Statements advising that if any required repair, rehabilitation, remediation, or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the building or its owner.

Section 401.2 Subsection 5 is hereby amended to read as follows:

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 Building Official to the Building Code Advisory Board, provided the appeal is made in writing as provided in this Code and filed with the Building Official within 15 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.

Section 401.4 is hereby amended to read as follows:

401.4 Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the building official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing, for all persons entitled thereto, and the date the building is posted for all action against the building.

Subsection 403(1) is hereby amended to read as follows:

The following standards shall be followed by the Building Official (and by the Building Code Advisory Board if an appeal is taken) in ordering the repair, rehabilitation, remediation, vacation or demolition of any dangerous building or structure:

1.

Any building declared a dangerous building under this code shall be made to comply with one of the following:

1.1 The building shall be repaired, rehabilitated or remediated in accordance with the current building code, health regulations or standards, or other current code applicable to the type of substandard conditions requiring repair, rehabilitation or remediation; or

1.2 The building shall be demolished at the option of the building owner; or

1.3 If the building does not constitute an immediate danger to the life, limb, building or safety of the public it may be vacated, secured and maintained against entry.

Subsection 404.2 is hereby amended to read as follows:

Section 404.2 Compliance. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued under Section 401.2, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a letter of compliance issued pursuant to the provisions of the Building Code.

Subsection 701.1 is hereby amended to read as follows:

701.1 General. After any notice and order of the building official becomes effective or the board of appeals made pursuant to this code shall have become final, it shall be unlawful for any such person to whom any such notice and order is directed to fail, neglect or refuse to obey any such notice and order.

1.

Any such person who fails to comply with any such order is guilty of a municipal ordinance offense.

2.

Each day that the building remains in violation of the notice and order and the person to whom such notice and order is directed fails to obey such notice and order shall constitute a separate and distinct violation.

3.

Any person who pleads guilty or no contest to or who, after trial, is found guilty of violating this Section 701.1 shall be penalized as provided in Section 1-8(b) of the Thornton City Code.

Subsection 701.2 is hereby amended to read as follows:

702.2 Failure to Obey Order. If, after any order of the Building Official becomes effective or Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under Section 701.1 or (ii) institute any appropriate action to abate such building as a public nuisance.

Subsection 701.3, 3 is hereby amended to read as follows:

3.

The Building Official may, in addition to any other remedy herein provided, cause the building to be repaired, rehabilitated, and/or remediated to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair, rehabilitation, remediation, or demolition work shall be accomplished and the cost thereof, including all administrative costs of the City, paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.

Sections 801.1 and 801.2 are hereby amended, and a new Section 801.3 is hereby enacted to read as follows:

801.1. Procedure. When any work, construction, rehabilitation, remediation, repair, or demolition is to be done pursuant to Section 701.3, Item 3, of this Code, the work shall be accomplished by private contract upon the direction of the Building Official. Plans and specifications therefor may be prepared by the contractor, or the Building Official may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard contractual procedures shall be followed to choose the contractor. If the work to be performed is related to remediation or rehabilitation of a contaminated building, cleanup shall meet the standards and regulations of the State of Colorado and the Local Health Department.

801.2 Costs. The cost of such work and all administrative costs of the City may be paid by a special assessment against the building involved, but also shall be a personal obligation of the building owner. Such special assessment shall become and constitute a continuing and perpetual lien and charge upon the lot(s) or parcel(s) of ground upon which they are levied and such lien shall have a priority over all other liens except general taxes.

801.3 Special Assessments.

801.3.1 Collection of Special Assessments. Collection of the special assessments, referred to in Subsection 801.2, may be collected following the procedures set forth in Subsection 801.3.2 herein. The procedures for collections of special assessments in this subsection, if followed, are in lieu of Sections 901 through 907 of Chapter 9.

801.3.2 Collection of Special Assessment Procedure.

1.

A notice of special assessment, including the right to a hearing, as set out in Subsections 801.3.2(5) and (6) of this section, shall be sent first class mail, from the City's Finance Director to the property owner/lessee at the address listed for the property owner in the county record and the property address. If any notice is returned, the property shall be posted with such notice.

2.

The property owner/lessee has 30 days from the date the notice of special assessment is mailed or if notice is returned, from the date the property is posted to pay the assessment. Failure to pay within the time allotted will cause the special assessment to be recorded against the property. The special assessment will constitute a continuing lien against such property.

3.

The amount of the assessment will include, in addition to all contractors' charges, inspection costs, attorneys' fees, court costs, and all other associated costs. The assessment may be paid any time prior to the assessment being turned over to the County Treasurer. Payments must be made directly to the City's Finance Director.

4.

Unpaid assessments will be filed quarterly with the proper office of the County Clerk and Recorder's office and annually with the Treasury office.

5.

An owner/lessee may object to such assessment within 30 days from the date the notice of assessment was mailed or if the notice is returned, from the date the property is posted. The objection must be in writing and mailed to and received by the Building Official within the 30-day period. The objection must include a phone number and address of the objecting party, and must state the basis for the objection and must be on forms made available for this purpose by the Building Inspection Division. Upon receipt of such objection and payment of the appropriate fee, the Building Official will notify the Chairperson of the Board of Appeals who will then set a hearing date, which hearing shall be within 15 business days from receipt of the objection. Notice of this date will be mailed to the person making the objection. Failure to include an address in the objection will constitute a waiver of the right to file an objection.

6.

The owner/lessee who requests the hearing will be charged an administrative fee pursuant to Section 10-35(e) of the Thornton City Code pertaining to hearings before the Board of Appeals. Failure of such person to attend the hearing at the date and time scheduled shall constitute a waiver of such right to a hearing and a determination of all issues regarding the assessment.

7.

The Board of Appeals shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The Building Official shall carry the burden of establishing that a violation existed and that costs for abatement represented in the special assessment were reasonable under the facts and circumstances of the particular case. The standard of proof shall be by a preponderance of the evidence. A written decision will be prepared at the end of the hearing. This decision will be reached after both the landowner and the Building Official have presented their cases. The decision will be deemed effective three days from the date the decision is mailed to the owner/lessee and will be a final decision.

Section 802.1 is hereby amended to read as follows:

802.1 General. The legislative body of this jurisdiction may establish a special revolving fund to be designated as the repair, rehabilitation, remediation, and demolition fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.

Sections 908.1 and 909 are hereby amended to read as follows:

908.1 Priority. Immediately upon a special assessment being turned over to the County Treasurer, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.

Section 909 is hereby amended to read as follows:

Section 909 —REPORT TO ASSESSOR AND TAX COLLECTOR: ADDITION OF ASSESSMENT TO TAX BILL. Certified copies of the special assessment shall be given to the County assessor and/or the tax collector for this jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel.

(Ord. No. 2452, § 8, 5-27-97; Ord. No. 2590, § 7, 12-13-99; Ord. No. 2663, § 1, 4-23-01; Ord. No. 2496, § 1(a.—j.), 5-9-06; Ord. No. 3136, § 14, 7-13-10; Ord. No. 3666, § 4, 9-26-23)

The International Fire Code, 2024 edition, promulgated by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, Illinois 60408, is adopted by reference thereto and incorporated into this Code as the Fire Code of the city. The purpose and subject matter of the International Fire Code is to establish minimum regulations that promote safety and safeguard life and property from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises and to provide safety to firefighters and emergency responders during emergency operations. Except as may be otherwise provided in Section 10-161, the International Fire Code is adopted in full, including the standards, outline of contents, the index contained therein, but only Appendix B and C.

(Ord. No. 2994, § 1, 6-5-07, eff. 7-1-07; Ord. No. 3137, § 1, 7-13-10; Ord. No. 3253, § 1, 7-23-13; Ord. No. 3397, § 1, 8-23-16; Ord. No. 3539, § 1, 9-10-19; Ord. No. 3647, § 2, 3-14-23; Ord. No. 3731, § 20, 5-13-25)

Editor's note— Ord. No. 2994, § 1, adopted June 5, 2007, effective July 1, 2007, repealed the former § 10-160, and enacted a new § 10-160 as set out herein. The former § 10-160 pertained to similar subject matter and derived from Ord. No. 2853, § 1, adopted Nov. 9, 2004.

Charter reference— Adoption by reference, § 8.10.

Cross reference— Adoption by reference authorized, § 2-55.

State Law reference— Adoption by reference, C.R.S. § 31-16-201 et seq.

The International Fire Code, adopted in Section 10-160, is hereby amended to read as follows, with section numbers referring to section numbers of the International Fire Code:

Subsection 101.1 is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Fire Code of the City of Thornton, hereinafter referred to as "this code."

Subsection 102.7 is hereby amended to read as follows:

102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, except as amended by this reference, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated by Sections 102.7.1 and 102.7.2.

References to National Fire Protection Association ("NFPA") standards listed in Chapter 80 are hereby amended to read as follows:

NFPA
Standard reference number

(a) 13-25

(b) 13D-25

(c) 13R-25

(d) 25-11

(e) 72-25

(f) 855-23

Subsection 103 is hereby amended to read as follows:

SECTION 103
FIRE PREVENTION DIVISION

Subsection 103.1 is hereby amended to read as follows:

103.1 Creation of agency. The Fire Prevention Division is hereby created and the official in charge thereof shall be known as the fire code official. The function of the Division shall be the implementation, administration and enforcement of the provisions of this code.

Subsection 103.2 is hereby repealed in its entirety.

Subsection 103.3 is hereby repealed in its entirety.

Subsection 104.8 is hereby repealed and reenacted to read as follows:

104.8 Liability. The fire chief, fire code official and other individuals charged with the control or extinguishment of any fire, the enforcement of this code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties. This code shall not be construed to relieve from or lessen the responsibility of any persons owning, operating, or controlling any building, structure or facility for damages to persons or property caused by defects, nor shall the Thornton Fire Department or the City be held as assuming any such liability by reason of the inspections authorized by this code or any certificates of inspection or permits issued under this code.

Subsection 104.8.1 is hereby repealed in its entirety.

A new subsection 105.1.7 is hereby enacted to read as follows:

105.1.7 Fees. The fee for construction permits shall be as set forth in an amount as determined from time to time by resolution of the City Council, and shall be collected by the City of Thornton Building Inspection Division.

Subsection 105.2 is hereby amended to read as follows:

105.2 Application. Application for a permit required by this code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for construction permits shall be submitted to the Building Inspection Division prior to the issuance of a building permit, when applicable. A deferred submittal of construction permits may be approved by the building code official and fire code official, when requested. Applications for permits shall be accompanied by such plans as prescribed by the fire code official.

Subsection 105.5.34 is hereby amended to read as follows:

105.5.34 Mobile food preparation vehicles. An operational permit is required for a motorized or towed wheeled vehicle that is designed, equipped and used to prepare, or serve, and sell food at a transitory or static location.

Subsection 105.5.36 is hereby amended to read as follows:

105.5.36 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

Exception: Fires located at Group R-3 occupancies contained by a commercially available chiminea, outdoor fireplace or fire pit, or other approved method having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.

Subsection 106.1 is hereby repealed and reenacted to read as follows:

106.1 Submittals. Construction documents shall be submitted via designated City of Thornton submittal system as required by the fire code official. Fire protection system construction documents, including shop drawings, calculations, specifications, and other required information, shall be reviewed and signed by a design professional certified as a NICET Level III or IV, as defined by the National Institute for Certification in Engineering Technologies, a Professional Engineer, or other approved certification or equivalent training.

Exceptions:

1.

Design professional review is not required for alterations to existing fire sprinkler systems involving the addition or relocation of less than 20 sprinklers, provided the work does not have an adverse effect on the integrity or performance of the existing system.

2.

Design professional review is not required for alterations to existing fire alarm systems involving the addition or relocation of less than 5 devices, provided the work does not have an adverse effect on the integrity or performance of the existing system.

Subsection 108.1 is hereby repealed and reenacted to read as follows:

108.1 Fees. The fee for inspections shall be as set forth in an amount as determined from time to time by resolution of the City Council, and shall be collected by the Building Inspection Division.

Subsection 110.3 is hereby amended to read as follows:

110.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official on request.

The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.

All inspection, testing and maintenance reports shall be submitted to the designated City of Thornton Fire Department recordkeeping system no later than 15 days after the service date. System impairment reports shall be submitted immediately.

Subsection 112.1 is hereby repealed in its entirety.

Subsection 113.4 is hereby amended to read as follows:

113.4 Violation penalties. It shall be unlawful for any persons to violate a provision of this code or fail to comply with any of the requirements thereof or to 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. Except as otherwise provided in this code, any person who is found guilty, pleads guilty, or pleads nolo contendre to a violation of this code shall be punished as provided in Section 1-8(a) of the Thornton City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. A violation of any provision of this code is declared to be a serious threat to public health and safety.

Subsection 114.4 is hereby repealed in its entirety.

Section 202 is hereby amended to read as follows:

202 General Definitions. The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein.

AUTOMATIC EXTERNAL DEFIBRILLATOR (AED). A computerized medical device manufactured under the guidelines of the Food and Drug Administration (FDA).

BONFIRE. Open burning in an outdoor location for ceremonial purposes.

NOVELTY. A device containing small amounts of pyrotechnic and/or explosive composition. Such devices produce limited visible or audible effects.

OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include barbecue grills, road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.

PLUGGED AND ABANDONED WELL. Oil and gas wells that have been cemented and the associated production facilities have been removed in accordance with Colorado Oil and Gas Conservation Commission regulations.

POPPER. An object commonly used at parties. It emits a loud popping noise by means of a small friction-actuated explosive charge that is activated by pulling a string. The charge or compressed air blows out some confetti or streamers and emits a popping sound.

SILVICULTURE. A branch of forestry dealing with the development and care of forests.

SNAPPERS. Small paper balls filled with a friction-sensitive composition that lets off a loud 'bang' when thrown against a hard surface.

Subsection 304.1.1 is hereby repealed and reenacted to read as follows:

304.1.1 Valet trash. Trash valet services require an operational permit. Valet trash collection service shall be permitted only where approved. The owner and valet trash collection service provider shall comply with the requirements and limitations established by the City of Thornton. Failure to comply will result in permit being revoked.

Subsection 305.4 is hereby repealed and reenacted to read as follows:

305.4 Arson. It shall be unlawful for a person to intentionally, knowingly or recklessly, within the City, do the following:

1.

Start or maintain a fire or cause an explosion on public property or private property unless specifically exempted, as provided herein.

Exceptions:

1.

Fires contained in an incinerator, fireplace, or similar approved device when used in accordance with this code and the Thornton City Code.

2.

Open burning and open flames conducted in accordance with the provisions of this code and the Thornton City Code.

2.

Set fire to, burn, cause to be burned, or by the use of any explosive, damage or destroy, or cause to be damaged or destroyed, the property of another without the consent of the property owner, other than a building or occupied structure, when such property damaged or destroyed is of a value less than one hundred dollars or the value cannot be ascertained.

305.4.1 Violation penalties. Violations of this Section 305.4 shall be punished as provided in Section 1-8(b) of the Thornton City Code.

Section 307 is hereby repealed and reenacted to read as follows:

SECTION 307
OPEN BURNING

307.1 General. It shall be unlawful for a person to kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with this section. It shall be unlawful to violate any condition or requirement of an Open Burning permit issued pursuant to this Section 307.

307.1.1 Approved open burning. Open burning shall only be conducted for the following purposes or activities:

1.

Recognized silvicultural, range or wildlife management practices;

2.

Prevention or control of disease or pests;

3.

Fires used for the training or demonstration of firefighting, fire investigation, fire extinguisher operation, or other approved similar activities;

4.

Bonfires used in a government-sponsored or co-sponsored ceremony. The terms "government-sponsored" or "co-sponsored" shall mean sponsored or co-sponsored by the state or a political subdivision of the state or the federal government or agency thereof;

5.

Fires contained by a commercially available chiminea, outdoor fireplace or fire pit, or other approved method having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.

307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled.

307.2.1 Authorization from other agencies. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.

307.2.2 Permit restrictions. Open burning may be restricted or prohibited on any day at any time due to current or expected weather conditions and/or fire behavior. Open burning that may pose a health risk because of smoke or odor emissions due to atmospheric conditions or local circumstances shall be prohibited. The fire code official is authorized to order the extinguishment, by the permit holder or the fire department, of open burning which creates or adds to a hazardous or potentially hazardous situation or condition.

307.3 Location. The location for open burning shall not be less than 50 feet (15,240 mm) from any occupiable structure and appurtenances, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure.

Exceptions:

1.

The minimum required distance from a structure shall be 15 feet (4,572 mm) where the fuel being burned is wood or other solid fuel and the fire is contained by a commercially available chiminea, outdoor fireplace or fire pit, or other approved method having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height.

2.

The minimum required distance from a structure to any point of the burner shall be 5 feet (1,524 mm) where the fuel being burned is natural gas or propane and the fire is contained by a commercially available chiminea, outdoor fireplace or fire pit, or other approved method having a burner of 3 feet (914 mm) or less in diameter with a maximum flame height of 2 feet (610 mm).

307.4 Container construction. Commercially available chimineas, outdoor fireplaces, fire pits and similar approved containers shall be constructed of metal, concrete, or other approved non-combustible materials. For fires located at Group R-3 occupancies where the fuel being burned is wood or other combustibles that emit sparks and embers, all openings shall be covered with wire mesh or other screening materials that will prevent the passage of sparks and embers.

307.5 Attendance. Open burning shall be constantly attended until the fire is extinguished. As required by the fire code official, a minimum of one portable fire extinguisher with a minimum 4-A rating and complying with Section 906, or other approved on-site fire-extinguishing equipment, such as dirt, sand, water, barrel, garden hose or water truck, shall be available for immediate utilization.

307.6 Weather conditions. Open burning is prohibited on windy or gusty days; surface wind speeds shall not exceed 15 miles per hour (24 kilometers per hour). The fire code official may also determine an acceptable wind direction if a particular wind direction may result in a hazardous fire or smoke condition.

307.7 Time. Open burning shall take place after sunrise and be completed before sunset unless an alternate time is specifically approved by the fire code official.

Subsection 308.1.7 is hereby amended to read as follows:

308.1.7 Sky lanterns. A person shall not release or cause to be released a sky lantern.

Subsection 311.5 is hereby repealed in its entirety.

Subsection 311.6 is hereby amended to read as follows:

311.6 Unoccupied tenant spaces in buildings. Unoccupied tenant spaces in buildings shall be:

1.

Kept free from the storage of any materials.

2.

Separated from the remainder of the building by partitions of not less than 0.5-inch-thick (12.7 mm) gypsum board or an approved equivalent to the underside of the ceiling of the adjoining tenant spaces.

3.

Without doors or other access openings other than one door that shall be kept key locked in the closed position except during that time when opened for inspection.

4.

Kept free from combustible waste and be broomswept clean.

Subsection 403.9 is hereby amended to read as follows:

403.9 Group R occupancies. Group R occupancies shall comply with Sections 403.9.1 through 403.9.3.4. In addition, an Emergency Action Plan shall be provided where required by the fire code official in the interest of the special population and hazard identified in the occupancy.

A new Section 408 is hereby enacted to read as follows:

Section 408
Automatic External Defibrillator (AED)

408.1 Where required. Approved Automatic External Defibrillators (AED's) in new buildings and structures shall be provided in the locations described in this section.

408.1.1 Group A. An AED shall be provided in all Group A occupancies with an occupant load of 1,000 or more.

408.1.2 Group E. An AED shall be provided in Group E occupancies with a fire area greater than 20,000 square feet (1,858 square meters).

408.1.3 Group I. An AED shall be provided in buildings with a Group I fire area.

Exception: A Group I facility with any type defibrillator.

408.1.4 Group M. An AED shall be provided in Group M occupancies with a fire area greater than 50,000 square feet (4,645 square meters).

408.1.5 Group R. An AED shall be provided in Group R occupancies with an occupant load of 500 or more per building.

408.1.6 High-rise. An AED shall be provided in all buildings classified as high-rise in accordance with the currently adopted International Building Code.

408.2 Installation requirements. AED's shall be installed in accordance with Sections 408.2.1 through 408.2.4.

408.2.1 Location. AED's shall be stored in a conspicuous location approved by the fire code official.

408.2.2 Hangers and brackets. AED's not stored in cabinets shall be installed on hangers or brackets securely anchored to the mounting surface in accordance with the manufacturer's installation instructions.

408.2.3 Cabinets. Cabinets used to house AED's shall not be locked or shall be provided with a means of ready access.

408.2.4 Height above floor. AED's shall be installed so that the top is not more than 5 feet (1,524 mm) above the floor. The clearance between the floor and the bottom of installed AED's shall not be less than 9 inches (228 mm).

408.3 Testing and maintenance. AED's shall be inspected, tested, and maintained in accordance with the manufacturer's specifications.

408.3.1 Records. Records of all inspection, tests, and maintenance shall be maintained on the premises for a minimum of three years and a copy shall be provided to the fire code official upon request.

408.3.2 Registration. AED's shall be registered with the Thornton Fire Department.

408.3.3 Usage. The use of an AED shall be reported to the Thornton Fire Department.

Subsection 503.1.1 is hereby amended to read as follows:

503.1.1 Buildings and facilities.Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1.

The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur:

1.1 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, provided that access roads are extended to within 150 feet (45,720 mm) of at least one approved side of the building.

1.2 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.2, provided that the dimension does not exceed 200 feet (60,960 mm).

1.3 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

1.4 There are not more than two Group R-3 or Group U occupancies, provided that access roads are extended to within 150 feet (45,720 mm) of at least one approved side of the building.

Subsection 503.1.2 is hereby repealed and reenacted to read as follows:

503.1.2 Additional access. At least two separate and approved fire apparatus access roads shall be provided to the following occupancies, buildings, and facilities:

1.

Occupancies in Group A with an occupant load greater than 100, and Groups E, F-1, H, I, R-1, R-2, and S-1.

2.

Occupancies in Groups R-3, R-4 and buildings constructed in accordance with the International Residential Code, as adopted by the City of Thornton in Section 10-164, located on dead-end roads greater than 500 feet (152 meters) in length.

3.

Buildings and facilities containing high-piled combustible storage.

4.

Buildings and facilities required to provide aerial fire apparatus access roads in accordance with Section 503.2.1.1.

5.

Buildings and facilities with a required fire flow of 2,000 gallons per minute (7,571 liters per minute) or greater.

6.

Buildings and facilities with an aggregate building area in excess of 62,000 square feet (5760 m ² ).

7.

The fire code official may require more than one fire apparatus access based on the potential for impairment caused by vehicle congestions, climatic conditions or other factors that could limit access.

Subsection 503.2.1 is hereby amended to read as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

Exception: Approved traffic-control devices as approved by Development Engineering and the Thornton Fire Department.

New subsections 503.2.1.1, 503.2.1.1.1, 503.2.1.1.2, and 503.2.1.1.3 are hereby enacted to read as follows:

503.2.1.1 Aerial fire apparatus access roads. Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with at least one approved fire apparatus access road capable of accommodating fire department aerial apparatus during firefighting operations. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway.

Exception: Buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1.

503.2.1.1.1 Width. Designated aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925 mm).

503.2.1.1.2 Proximity to building. The centerline of designated aerial fire apparatus access roads shall be located no less than 15 feet (3048 mm) and no more than 30 feet (9144 mm) from the roofline of the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official.

503.2.1.1.3 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the approval of the fire code official.

Subsection 503.2.4 is hereby amended to read as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 25 feet (7,620 mm) inside and 50 feet (15,240 mm) outside or as approved by the fire code official.

Subsection 503.2.5 is hereby amended to read as follows:

503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around fire apparatus in accordance with Appendix D Sections D103.1 and D103.4 of this code.

Subsection 503.2.7 is hereby amended to read as follows:

503.2.7 Grade. The grade of the fire apparatus access road shall not exceed 7%. The grade of an aerial fire apparatus access road shall not exceed 5%.

Subsection 503.4.1 is hereby repealed and reenacted to read as follows:

503.4.1 Traffic calming devices. The location and design of speed bumps, traffic circles, and similar traffic calming devices on public and private roads are required to be approved by Development Engineering and the Thornton Fire Department.

New subsections 503.5.2, 503.5.3, and 503.5.3.1, are hereby enacted to read as follows:

503.5.2 Where leaf swing barrier gate(s) are used, they shall comply with the following:

1.

Leaf swing barrier gate posts and receiver posts shall be set not less than 3 feet (914 mm) deep in a concrete footing of not less than 3 inches (77 mm) in diameter.

2.

The leaf swing shall be painted safety yellow.

3.

Leaf swing shall provide an opening which clears the width of the roadway. No component of the gate assembly shall protrude into the roadway.

4.

Chains used to assist with securing of the leaf swing shall be galvanized 3/8 inch (9.525 mm) diameter link with a Knox padlock.

5.

Gates shall be approved by the fire code official.

503.5.3 Where gate(s) cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions an approved bollard(s) and chain system may be permitted to be installed per approval by the fire code official.

503.5.3.1 Bollards and chain shall comply with the following:

1.

Bollard(s) shall be constructed of steel not less than 4 inches (102 mm) in diameter. Bollards may be hollow or concrete filled.

2.

A cap or other device covering for the top shall be in place to prevent water from accumulating inside.

3.

The bollard(s) shall be set not less than 3 feet (918 mm) deep in a concrete footing of not less than an 18 inch (459 mm) diameter.

4.

The bollard(s) shall be set with the top of the bollard not less than 4 feet (1224 mm) above ground.

5.

Bollard(s) shall be painted safety yellow.

6.

Bollards shall have a minimum of 3/8 inch (9.525 mm) wide bent metal or rod welded to the bollard facing the fire lane. The opening created by the bent metal or rod shall be a 3 inch (77 mm) opening for the chain to be thread through it.

7.

Bollard(s) shall be located not less than 21 feet (6426 mm) apart inside measurement.

8.

Chains shall be galvanized 3/8 inch (9.525 mm) diameter link with a minimum length of 22 feet (6732 mm).

9.

Chains shall be secured on one end by a Knox padlock and a ¼ inch (6.35 mm) case hardened shank commercial lock belonging to the owner of the property on the opposite side.

10.

Chains shall have reflective No Parking - Fire Lane signs meeting Thornton's sign regulations, bolted to the chain at the middle of each 10 foot (3048 mm) section of chain.

11.

A bollard system shall be approval by the fire code official.

New subsections 503.6.1 and 503.6.2 are hereby enacted to read as follows:

503.6.1 Where electrically operated security gates are installed in areas with a residential occupancy, they shall have the following means of emergency operation:

1.

An approved key switch.

2.

A touch-pad that will accept an approved fire department code or access card.

3.

An approved traffic control device that complies with Section 700 of the City of Thornton's Standards and Specifications for the Design and Construction of Public Improvements, as defined in Section 1-2 of the Thornton City Code.

4.

Automatic opening upon loss of power.

5.

The capability of being manually opened.

503.6.2 Where electrically operated security gates are installed in commercial areas they shall have the following means of emergency operation:

1.

An approved key switch.

2.

A touch-pad that will accept an approved fire department code or access card.

3.

Automatic opening upon loss of power.

4.

The capability of being manually opened.

5.

An approved traffic control device if a gate is in the path of a designated emergency access road or lane and does not have 24-hour staffing. The traffic control device shall comply with Section 700 of the City of Thornton's Standards and Specifications for the Design and Construction of Public Improvement, as adopted by the City of Thornton.

A new subsection 504.1.1 is hereby enacted to read as follows:

504.1.1 Slope. The slope of the ground within 15 feet (3048 mm) of the perimeter of the building, as measured from the edges of roof eave overhangs, shall not exceed the following:

1.

5 percent, as measured parallel to the face of the exterior walls.

2.

10 percent, as measured perpendicular to the face of the exterior walls.

Exceptions:

1.

Buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1.

2.

Where an approved path cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.

3.

Where there are not more than two Group R-3 or Group U occupancies.

4.

An alternative distance for buildings less than 3 stories in height as approved by the fire code official.

5.

Where access to a side or portion of a building does not require ladder access as approved by the fire code official.

Subsection 505.1 is hereby amended to read as follows:

505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (152.4 mm) high with a minimum stroke width of 3/4 inch (19.05 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Exception: Existing buildings with previously approved address numbers that are visible from the street.

Subsection 506.1 is hereby amended to read as follows:

506.1 Where required. All buildings and facilities with a monitored fire protection system shall be provided with a KnoxBox installed in an approved location. The KnoxBox shall contain keys to gain necessary access as required by the fire code official.

Subsection 507.3 is hereby amended to read as follows:

507.3 Fire flow. Fire-flow requirements for buildings or portions of buildings and facilities shall be determined in accordance with Appendix B as amended by the City of Thornton.

Subsection 507.5 is hereby amended to read as follows:

507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6 and Appendix C as amended by the City of Thornton.

Subsection 507.5.1.1 is hereby amended to read as follows:

507.5.1.1 Hydrant for standpipe and/or fire sprinkler systems. Buildings equipped with a standpipe and/or fire sprinkler system installed in accordance with Section 905 shall have a fire hydrant within 50 feet (15,240 mm) of the fire department connections.

Exception: The distance shall be permitted to exceed 50 feet (15,240 mm) where approved by the fire code official.

A new Subsection 507.5.1.2 is hereby enacted to read as follows:

507.5.1.2 Hydrant looped system. Commercial and High-Density Residential Areas requiring more than one hydrant or having more than one hydrant shall have hydrants interconnected into a looped system.

507.5.1.2.1 Residential Subdivisions which require more than one emergency access shall have a looped hydrant system connected from separate feeder lines.

Subsection 507.5.5 is hereby amended to read as follows:

507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, except as otherwise required or approved. Landscaping within the clear space shall be limited to mulch or ground cover height plant material.

Subsection 510.2 is hereby amended to read as follows:

510.2 Emergency responder communications enhancement system in existing buildings. Existing buildings other than Group R-3 that do not have approved emergency responder communications enhancement system for emergency responders in the building based on existing coverage levels of the public safety communication systems, shall be equipped with such coverage according to one of the following:

1.

Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1.

2.

Within a timeframe established by Thornton Fire Prevention.

Exception: Where it is determined by the fire code official that the in-building emergency responder communications enhancement system is not needed.

Subsection 510.4.2.3 is hereby amended to read as follows:

510.4.2.3 Standby power. In-building two-way emergency responder communications enhancement systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the in-building emergency responder communications enhancement system at 100-percent system capacity for a duration of not less than 12 hours. Where a building fire alarm system is installed, loss of the primary power supply shall be monitored by the building fire alarm system in accordance with NFPA 72.

A new subsection 901.4.1.1 is hereby enacted to read as follows:

901.4.1.1 Design approach for High-Piled Combustible Storage. Where the size and height of a building or portion thereof will accommodate High-Piled Combustible Storage, the building shall comply with the fire protection requirements of Chapter 32. The fire protection features required by Chapter 32 shall be based on the most restrictive design requirements, except where modifications are approved by the fire code official.

A new subsection 901.5.2 is hereby enacted to read as follows:

901.5.2 Hydrostatic testing of CPVC piping. Hydrostatic testing of sprinkler systems with CPVC piping shall be performed with approved test plugs.

Subsection 901.6.3.1 is hereby repealed in its entirety.

Subsection 903.2.8 is hereby amended to read as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

Exceptions:

1.

Occupancies in Group R-3 with 8 or fewer occupants.

2.

Occupancies in Group R-4 with 8 or fewer occupants.

Subsection 903.2.9.4 is hereby amended to read as follows:

903.2.9.4 Group S-1 upholstered furniture and mattresses. An automatic sprinkler system shall be provided throughout a Group S-1 fire area where the area used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet (232 m ² ).

Exception: Self-service storage facilities where the individual units are less than 2,500 square feet (232 m ² ).

Subsection 903.3.2 is hereby amended to read as follows:

903.3.2 Quick-response and residential sprinklers. Where automatic sprinkler systems are required by this code, quick-response or residential automatic sprinklers shall be installed in all of the following areas in accordance with Section 903.3.1 and their listings:

1.

Throughout all spaces within a smoke compartment containing care recipient sleeping units in Group I-2 in accordance with the International Building Code.

2.

Throughout all spaces within a smoke compartment containing gas fireplace appliances and decorative gas appliances in Group I-2 in accordance with the International Building Code.

3.

Throughout all spaces within a smoke compartment containing treatment rooms in ambulatory care facilities.

4.

Dwelling units and sleeping units in Group I-1 and R occupancies.

5.

Light-hazard occupancies as defined in NFPA 13.

Quick-response or residential automatic sprinklers in Group R dwelling units and sleeping areas in all occupancies shall be used only in wet systems.

Subsection 903.3.9 is hereby amended to read as follows:

903.3.9 Multi-story building floor control valves.Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in multi-story buildings.

A new subsection 903.3.10 is hereby enacted to read as follows:

903.3.10 Zone control valves.Approved supervised indicating control valves are required in occupancy space(s) where the fire area exceeds 12,000 square feet (1114.8 m ² ) and within a structure with multiple occupancies.

Subsection 903.6 is hereby repealed and reenacted to read as follows:

903.6 Fire sprinkler riser rooms. Sprinkler risers shall be located in a room that is readily accessible to fire department personnel as approved by the fire code official. Access to sprinkler riser rooms shall not be through any portion of residential dwelling units.

Subsection 904.15 is hereby amended to read as follows:

904.15 Domestic cooking facilities. Cooktops and ranges installed in the following occupancies shall be protected in accordance with Section 904.15.1:

1.

In Group I-1 occupancies where domestic cooking facilities are installed in accordance with Section 420.9 of the International Building Code.

2.

In Group I-2 occupancies where domestic cooking facilities are installed in accordance with Section 407.2.7 of the International Building Code.

3.

In Group R-2 college dormitories where domestic cooking facilities are installed in accordance with Section 420-11 of the International Building Code.

4.

In Group R-3 occupancies where domestic cooking facilities are installed in addition to the primary kitchen located on the main level.

Subsection 905.12 is hereby repealed in its entirety.

Subsection 907.2.7.1.1 is hereby repealed in its entirety.

A new subsection 907.5.2.1.4 is hereby enacted to read as follows:

907.5.2.1.4 Minimum sound pressure. The minimum sound pressure levels shall be: 75 dBA in Group I occupancies; 90 dBA in mechanical equipment rooms; and 60 dBA in other occupancies.

Exception:

1.

Group I occupancies that are staffed 24 hours as approved by the fire code official.

2.

Occupancies regulated by subsection 907.5.2.1.3.

Subsection 907.9 is hereby repealed and reenacted to read as follows:

907.9 Occupancy requirements. A fire alarm system shall be installed in accordance with Section 907.9.1.

907.9.1 Group R-2. A manual and automatic fire alarm system shall be installed in existing Group R-2 occupancies more than three stories in height or with more than 16 dwelling units or sleeping units. Owners shall be permitted three years from the effective date of the ordinance adopting this code to bring any structures into compliance with this section.

Exceptions:

1.

Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than 0.75 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.

2.

A separate fire alarm system is not required in buildings that are equipped throughout with and approved supervised automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants.

3.

A fire alarm system is not required in buildings that do not have interior corridors serving dwelling, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1027.6, Exception 3.

4.

A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three stories in height and comply with both the following:

4.1. Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than 0.75 hour.

4.2. Each dwelling unit is provided with hardwired, interconnected smoke alarms as required for new construction in Section 907.2.11.

Subsection 912.2.2 is hereby amended to read as follows:

912.2.2 Buildings. The fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official.

A new subsection 912.8 is hereby enacted to read as follows:

912.8 Connection details. For sprinkler and standpipe systems, at least one 2.5- inch (63.5 mm) hose connection shall be provided for each 500 gallons per minute (1,893 liters) per minute of system demand. At least two such connections shall be provided for sprinkler systems installed in accordance with Section 903.3.1.1 and for all standpipe systems.

When the system demand exceeds 1,000 gallons per minute (3,785 liters) per minute, at least one, 5-inch (127 mm), 30-degree pattern hose connection with threadless couplings that are compatible with fire department hose shall be provided. When the system demand exceeds 1,500 gallons per minute (5,678 liters) per minute, at least two such connections shall be provided.

Exception: When system demands exceed the pressure limitations of the 5- inch (127 mm) hose or other equipment supplying the fire department connection, the appropriate number of 2.5-inch (63.5 mm) hose connections shall be used.

Subsections 1031.2, 1031.3.1, and 1031.6 are hereby amended to read as follows:

1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in the following occupancies:

1.

Group R-2 occupancies located in stories with only one exit or access to only one exit as permitted by Tables 1006.3.4(1) and 1006.3.4(2).

2.

Group R-3 and R-4 occupancies.

Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room, but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way, or to an egress balcony that leads to a public way.

Exceptions:

1.

Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that leads to a public way.

2.

Basements without habitable spaces and having not more than 200 square feet (18.6 m ² ) in floor area, and having ceiling heights less than required in Section 1208.2, shall not be required to have emergency escape and rescue openings

3.

Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500.

4.

Emergency escape and rescue openings are not required where existing basements undergo alterations or repairs except that new sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings that comply with Sections 1031.3 through 1031.6.

1031.3.1 Minimum size.Emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square feet (0.53 m ² ).

1031.6 Bars, grilles, covers and screens. Where bars, grilles, covers, screens, or similar devices are permitted to be placed over emergency escape and rescue openings, or area wells that serve such openings, the minimum net clear opening size shall comply with Sections 1031.3 through 1031.5. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. Such bars, grilles, or grates shall weigh no more than 30 pounds (13.6 kg). Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke alarms shall be installed in accordance with Section 907.2.11 regardless of the valuation of the alteration.

Chapter 11 is hereby repealed in its entirety.

Subsection 3307.1 is hereby amended to read as follows:

3307.1 Required access:Approved vehicle access for firefighting shall be provided to all construction or demolitions sites. Vehicle access shall be provided to within 50 feet (15,240 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.

3307.1.1 Temporary fire apparatus access specification. Temporary fire apparatus access roads shall be installed and arranged according to Sections 3307.1.2 through 3307.1.5.

3307.1.2 Dimensions. Temporary fire apparatus access roads shall have an unobstructed width or not less than 20 feet (6096 mm) and a vertical clear of not less than 13 feet 6 inches (4114.8 mm).

3307.1.3 Surface. Temporary fire apparatus access roads shall have surface consisting of asphalt, angular rock or class 6 road base. The surface shall be capable of supporting the imposed load or fire apparatus weighing 80,000 pounds (36,287.39 kg) and drivable under all weather conditions.

3307.1.4 Dead Ends. Dead-end temporary fire apparatus access roads in excess of 150 feet (45,720 mm) in length shall be provided with an approved area for fire apparatus turnaround.

3307.1.5 Vehicle access. Vehicle access shall be maintained until permanent access roads are available and approved.

Subsection 5307.3 is hereby amended to read as follows:

5307.3 Insulated liquid carbon dioxide systems used in beverage dispensing applications. Insulation liquid carbon dioxide systems with more than 100 pounds (45.4 kg) of carbon dioxide used in beverage dispensing applications shall comply with Sections 5307.3.1. Carbon dioxide systems installed prior to the effective date of the ordinance adopting this code shall comply with Section 5307.3.1. Owners shall be permitted one year from the date of discovery of an existing carbon dioxide system to bring the existing carbon dioxide system into compliance with Section 5307.3.1.

Subsection 5504.3.1.1.3 is hereby amended to read as follows:

5504.3.1.1.3 Location. Containers of cryogenic fluids shall not be located within diked areas containing other hazardous materials. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited for Group R occupancies within the territorial limits of the City of Thornton, except as permitted by specific use permit, as approved by the fire code official or as permitted by any other ordinance of the Thornton City Code.

Subsection 5601.1.3 is hereby repealed and reenacted to read as follows:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.

Any person who pleads guilty or is found guilty of a first violation shall be subject to a minimum mandatory fine in the amount of $500.00. Any person who pleads guilty or is found guilty of a second or subsequent violation within a 12-month period shall be subject to a minimum mandatory fine in the amount of $1000.00.

Exceptions:

1.

The use of fireworks for display as permitted in Section 5608. Fireworks displays are allowed in the City of Thornton only for government-sponsored or co-sponsored events. The terms "government-sponsored" or "co-sponsored" shall mean sponsored or co-sponsored by the state or a political subdivision of the state or the federal government or agency thereof.

2.

The sale, possession, and use of Novelty devices specifically identified as Party Poppers and Snappers, provided the device meets the requirements identified in the American Pyrotechnics Association ("APA") Standard 87-1 currently or as amended, including Sections 2.12 Novelty, 3.2 Novelties, 3.2.1 Party Poppers, and 3.2.2 Snapper. The devices shall be clearly marked and labeled to meet the requirements of the Consumers Product Safety Commission and APA Standard 87-1 as applicable to consumer fireworks devices, and must be packaged in strong outer packaging that is sealed to prevent leakage of the contents.

Subsection 5704.2.9.6.1 is hereby amended to read as follows:

5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited for Group R occupancies within the territorial limits of the City of Thornton, except as permitted by specific use permit, as approved by the fire code official or as permitted by any other ordinance of the Thornton City Code.

A new subsection 5704.2.9.6.4 is hereby enacted to read as follows:

5704.2.9.6.4 Construction. When the storage of Class I and II liquids in above-ground tanks outside of buildings is permitted, tanks shall be designed and installed in accordance with the requirements for protected above-ground tanks.

Exception: Alternate types of above-ground tanks may be approved by the fire code official based on other fire protection features or increased distances from property lines, public ways, buildings, and other tanks.

Subsection 5706.2.4.4 is hereby repealed in its entirety.

Subsection 5706.3.1.3 is hereby amended to read as follows:

5706.3.1.3 Buildings. Wells shall not be drilled within 350 feet (106,680 mm) of buildings not necessary to the operation of the well.

Subsection 5706.3.1.3.1 is hereby repealed in its entirety.

Subsection 5706.3.1.3.2 is hereby amended to read as follows:

5706.3.1.3.2 Existing wells. Where wells are existing, buildings shall not be constructed within 200 feet (60,960 mm) of wells. A reduction in the required separations, not to exceed 50%, may be approved based on alternative materials and methods that provide an equivalent level of safety to adjacent buildings and occupants. The alternative methods and materials shall be presented by a professional engineer or licensed architect, as applicable, as determined by the City.

5706.3.1.3.2.1 Plugged and abandoned wells. Buildings shall be constructed at a distance from a plugged and abandoned well that satisfies Thornton City Code Section 18-681.

Subsection 5706.3.5 is hereby amended to read as follows:

5706.3.5 Storage Tanks. Storage of flammable or combustible liquids in tanks shall be in accordance with Section 5704, except that production tanks and associated on-site production equipment shall be located at least 350 feet (106,680 mm) from any building not necessary to the operation of the well and at least 500 feet (152,400 mm) from a building with an occupancy of Group A, E or I.

When production tanks and associated on-site production equipment are existing, main buildings shall not be constructed within the distances set forth in this section for separation of production tanks and associated on-site production equipment. Oil storage tanks or groups of tanks shall have posted in a conspicuous place, on or near such tank or tanks, an approved sign with the name of the owner or operator, or the lease number and the telephone number where a responsible person can be reached at any time.

Subsection 5806.2 is hereby amended to read as follows:

5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited for Group R occupancies within the territorial limits of the City of Thornton, except as permitted by specific use permit, as approved by the fire code official or as permitted by any other ordinance of the Thornton City Code.

Subsection 6104.2 is hereby repealed and reenacted to read as follows:

6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited for Group R occupancies within the territorial limits of the City of Thornton, except as permitted by specific use permit, as approved by the fire code official or as permitted by any other ordinance of the Thornton City Code.

Exception: When public utilities are not available for use as a fuel source. At such time as utilities do become available, as determined by the City, this exemption will not apply. Once the exemption no longer applies, owners shall be permitted one year, from the date on which the exemption no longer applies, to remove the liquefied petroleum gas from their property, except as permitted by specific use permit, as approved by the fire code official or as permitted by any other ordinance of the Thornton City Code.

A new subsection 6104.2.1 is hereby enacted to read as follows:

6104.2.1 LP-gas containers for standby home generators. When the storage of LP-gas containers is permitted for use with standby home generators, the capacity of individual LP-gas containers shall not exceed 100 pounds (45.4 kg) or a water capacity of 24 gallons (90.84 L). The aggregate capacity of LP-gas for any one standby home generator shall not exceed 200 pounds (90.8 kg) or a water capacity of 48 gallons (181.68 L). The LP-gas containers shall comply with all applicable International Fire Code and NFPA 58 requirements.

APPENDIX B, Fire-Flow Requirements for Buildings.

Table B105.1(1) is hereby amended to read as follows:

Table B105.1(1)
Required Fire-Flow for One- and Two-Family Dwellings, Group R-3 and R-4
Buildings and Townhouses

For SI: 1 square foot = 0.0929 m ² , 1 gallon per minute = 3.785 L/m.

Table B105.2 is hereby amended to read as follows:

Table B105.2
Required Fire-Flow for Buildings Other Than One- and Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses

For SI: 1 gallon per minute = 3.785 L/m.

a. The reduced fire-flow shall be not less than 1,500 gallons per minute (5,678 liters per minute).

b. The reduced fire-flow shall be not less than 1,500 gallons per minute (5,678 liters per minute).

APPENDIX C, Fire Hydrant Locations and Distribution.

Table C102.1, footnote c is hereby amended to read as follows:

c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,200 feet (365.76 meters) to provide for transportation hazards.

Table C102.1, footnotes f and g are hereby repealed in their entirety.

(Ord. No. 2994, § 2, 6-5-07, eff. 7-1-07; Ord. No. 3110, § 1, 9-8-09; Ord. No. 3137, § 2, 7-13-10; Ord. No. 3253, § 2, 7-23-13; Ord. No. 3397, § 2, 8-23-16; Ord. No. 3475, § 1, 6-12-18; Ord. No. 3539, § 2, 9-10-19; Ord. No. 3647, § 3, 3-14-23; Ord. No. 3731, § 21, 5-13-25; Ord. No. 3745, § 8, 8-26-25)

Editor's note— Ord. No. 2994, § 2, adopted June 5, 2007, effective July 1, 2007, repealed the former § 10-161, and enacted a new § 10-161 as set out herein. The former § 10-161 pertained to similar subject matter and derived from Ord. No. 2853, § 2, adopted Nov. 9, 2004; Ord. No. 2963, § 1, adopted Oct. 10, 2006.

The National Electrical Code, as currently adopted by the State of Colorado, or as is amended in the future and adopted by the State of Colorado, is adopted in full by reference thereto and incorporated into this Code as the Electrical Code of the city. The city's adoption shall occur simultaneously with any adoption by the State of Colorado and the terms of Section 2-55 shall not apply to this section. The purpose and subject matter of the National Electrical Code includes minimum regulations for the practical safeguarding of persons and property from the hazards arising from the use of electricity.

(Ord. No. 2993, § 9, 6-5-07, eff. 7-2-07; Ord. No. 3136, § 16, 7-13-10; Ord. No. 3252, § 15, 7-23-13; Ord. No. 3398, § 10, 8-23-16; Ord. No. 3538, § 11, 9-10-19; Ord. No. 3643, § 10, 2-14-23; Ord. No. 3731, § 11, 5-13-25)

Editor's note— Ord. No. 2993, § 9, adopted June 5, 2007, effective July 2, 2007, repealed the former § 10-162, and enacted a new § 10-162 as set out herein. The former § 10-162 pertained to similar subject matter and derived from the 1975 Code, § 44-44; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(s), adopted Dec. 17, 1990; Ord. No. 2281, § 12, adopted Sept. 13, 1993; Ord. No. 2452, § 9, adopted May 27, 1997; Ord. No. 2590, § 8, adopted Dec. 13, 1999; Ord. No. 2731, § 9, adopted Oct. 8, 2002.

Charter reference— Adoption by reference, § 8.10.

Cross reference— Adoption by reference authorized, § 2-55.

State Law reference— Adoption by reference, C.R.S. § 31-16-201 et seq.

Editor's note— Ord. No. 3643, § 11, adopted Feb. 14, 2023, repealed § 10-163, which pertained to the amendments to the National Electrical Code, and derived from the 1975 Code, § 44-45; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(t), adopted Dec. 17, 1990; Ord. No. 2281, § 13, adopted Sept. 13, 1993; ord. No. 2731, § 10, adopted Oct. 8, 2002; Ord. No. 2993, § 10, adopted June 5, 2007; Ord. No. 3136, § 1, adopted July 13, 2010; Ord. No. 3252, § 16, adopted July 23, 2013; Ord. No. 3398, § 11, adopted Aug. 23, 2016; and Ord. No. 3538, § 12, adopted Sept. 10, 2019.

The International Residential Code, 2024 edition, published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001., is hereby adopted by this reference and incorporated in this Code as the Residential Code of the City. The purpose and subject matter of the International Residential Code includes the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhouses not more than three stories in height, and providing for the issuance of permits and collection of fees therefore. Except as otherwise provided in this Code, the International Residential Code, 2024 edition, is adopted in full including the outline of contents and the index, but excluding all appendix chapters, except Appendix BF and Appendix BG.

(Ord. No. 3136, § 18, 7-13-10; Ord. No. 3252, § 17, 7-23-13; Ord. No. 3398, § 12, 8-23-16; Ord. No. 3538, § 13, 9-10-19; Ord. No. 3643, § 12, 2-14-23; Ord. No. 3731, § 12, 5-13-25)

Editor's note— Prior to the reenactment of § 10-164 by Ord. No. 3136, § 18, adopted July 13, 2010, said section was repealed by Ord. No. 2993, § 17, adopted June 5, 2007, effective July 2, 2007. Former § 10-164 pertained to Uniform Solar Energy Code adopted by reference and derived from the 1975 Code, § 44-47; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(v), adopted Dec. 17, 1990; Ord. No. 2281, § 15, adopted Sept. 13, 1993.

The International Residential Code adopted in Section 10-164 is amended as follows, with section numbers referring to section numbers of the International Residential Code:

Subsection R101.1 is hereby amended to read as follows:

R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the City of Thornton, and shall be cited as such and will be referred to herein as "this code."

Subsection R102.7 is hereby amended to read as follows:

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Existing Building Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

Subsection R202 is hereby amended to read as follows:

SLEEPING ROOM. A habitable space that meets the minimum area requirements of the building code and contains a closet or an area that is readily convertible to a closet. An adjacent area fitted with permanently affixed floor to ceiling shelving and no clothes rod may be defined as a storage room in a non-sleeping room.

Subsection R202 is hereby amended to read as follows:

DWELLING UNIT. A single unit providing complete independent living facilities, for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Independent, in this circumstance, means having a separate designated entrance and address. For the definition applicable in Chapter 11, see Section N1101.6. For the definition applicable in Chapter 24, see section G2403.

Table R301.2 is hereby repealed and reenacted to read as follows:

Table R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652.

b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction.

f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study and maps adopted by the authority having jurisdiction, as amended.

h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."

i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."

j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)."

k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction.

o. The jurisdiction shall fill in this section of the allowable stress design table using the Ground Snow Loads in Figure R301.2(3). For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

Subsections R302.3 is hereby amended to read as follows:

R302.3 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other in accordance with sections 302.3.1 through 302.3.5. Dwelling units in two-family dwellings divided by a legal property line shall be separated by fire resistance-rated wall assemblies meeting the requirements of Section R302.2 for Townhouses.

Subsection R302.13 is hereby repealed in its entirety.

Subsection R309.1 is hereby repealed in its entirety.

Subsection R309.2 is hereby repealed in its entirety.

Subsection R310.6 is hereby amended to read as follows:

R310.6 Power source. Smoke alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and, where primary power is interrupted, shall receive power from a 10-year battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection.

Exceptions:

1.

Smoke alarms shall be permitted to be battery operated where installed in buildings without commercial power.

2.

Smoke alarms installed in accordance with Section R314.2.2 shall be permitted to be battery powered.

Subsection R310.7.4 is hereby amended to read as follows:

R310.7.4 Combination detectors. Combination smoke and carbon monoxide detectors shall be permitted to be installed in fire alarm systems in lieu of smoke detectors, provided that they are listed in accordance with UL 268 and UL 2075. Battery power alarms shall be rated for the life of the device.

Subsection R311.3 is hereby amended to read as follows:

R311.3 Location. Carbon monoxide alarms in dwelling units shall be installed outside of each separate sleeping area within 15 feet (4572 mm) of each bedroom. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom.

Subsection R319.1 is hereby amended to read as follows:

R319.1 Emergency escape and rescue opening required. Basements, habitable attics, the room to which a sleeping loft is open, and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue openings shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way.

Exceptions:

1.

Basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m ² ).

2.

Storm shelters constructed in accordance with ICC 50.

3.

A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm).

Subsection R319.2 is hereby amended to read as follows:

R319.2 Emergency escape and rescue openings. Emergency Escape and rescue openings and all below grade windows in unfinished basements shall have minimum dimensions in accordance with Sections R319.2.1 through R319.2.4

Subsection R319.2.1 is hereby amended to read as follows:

R319.2.1 Minimum size. Emergency escape and rescue openings shall have a net clear opening of not less than 5.7 square feet (0.530 m ² ).

Subsection R319.4 is hereby amended to read as follows:

R319.4 Area wells. Emergency escape and rescue openings and all below grade windows in unfinished basements where the bottom of the clear opening is below the adjacent grade shall be provided with an area well in accordance with Sections R310.4.1 through R310.4.4.

Subsection R319.4.4 is hereby amended to read as follows:

R319.4.4 Bars, grilles, covers and screens. Where bars, grilles, covers, screens or similar devices are placed over emergency escape and rescue openings, bulkhead enclosures or area wells that serve such openings, the minimum net clear opening size shall comply with Sections R319.2.1 through R319.2.2 and R319.4.1. Such devices shall be releasable or removable from the inside without the use of a key or tool or force greater than that which is required for normal operation of the escape and rescue opening. Such devices shall weigh no more than 30 lbs (13.6 kg).

A new Section R333 is hereby enacted to read as follows:

SECTION R333 MANUFACTURED HOMES

R333.1 General. All manufactured homes shall be installed and inspected in accordance with the State of Colorado Manufactured Home Installation Program and the provisions of this section.

R333.2 Existing Manufactured Homes

1.

Whenever a manufactured home is in existence in the City on the effective date of the ordinance from which this section derives or was annexed to the City after the effective date and such manufactured home complies with all applicable codes and ordinances then in effect, the manufactured home shall be considered to be legally nonconforming and shall not be subject to the provisions of this section.

2.

In the event that any such legally nonconforming manufactured home is removed from its location, the manufactured home shall be replaced or relocated, except in conformance with all applicable provisions of the building code. In addition, if the use of such manufactured home is discontinued for a period of six consecutive months or more, the manufactured home shall not be reoccupied until it is in conformance with all applicable regulations in the building code.

R333.3 Additions, alterations and repairs. Additions, alterations and repairs to manufactured homes shall be designed and constructed in accordance with the currently adopted residential code. Additions and alterations shall be structurally independent from the manufactured home.

Exception: A structural separation need not be provided when the plans and specifications have been prepared and sealed by a design professional.

R333.4 Definition. MANUFACTURED HOME PARK. The terms manufactured home park (MHP) or manufactured home rental community (park) are interchangeable terms for the purposes of this section meaning a unified residential development of manufactured homes arranged on a lot under a single ownership.

R333.5 Skirting and permanent perimeter enclosures. Skirting and permanent perimeter enclosures shall be installed on all manufactured home within 60 days of approval of the utilities inspection. Skirting shall be of material suitable for exterior exposure and contact with the ground. Permanent perimeter enclosures shall be constructed of materials as required by this code for regular foundation construction.

Skirting shall be installed in accordance with the skirting manufacturer's installation instructions. Skirting shall be adequately secured to assure stability, to minimize vibration and susceptibility to wind damage, and to compensate for possible frost heave.

All skirting shall have one or more openings not less than 18 inches (457 mm) in any dimension and not less than 3 square feet (.2787 m ² ) in area so constructed and located to allow convenient access to all points of utilities connections. The location and design of such openings shall be approved by the Building Inspection Division.

R333.6 Smoke detectors. Manufactured homes built prior to March 2003 shall be equipped with battery powered smoke detectors with a battery rated for a 10-year life, provided the smoke detector is listed for use with a 10-year battery. The smoke detectors shall be placed as required by the currently adopted residential code.

Manufactured homes built in March 2003 and later shall have each smoke detector powered from either the electrical system of the home as the primary power source and a battery as a secondary power source; or a battery rated for a 10-year life, provided the smoke detector is listed for use with a 10-year battery. The smoke detectors shall be placed as required by the currently adopted residential code.

Regardless of the power source, smoke detectors are required to be interconnected such that the activation of any one smoke detector will cause the alarm to be triggered in all required smoke detectors in the home.

R333.7 Carbon monoxide detectors. Carbon monoxide detectors shall be installed in accordance with the provisions of Section R315 of this code.

R333.8 Accessory buildings and structures. The following general requirements apply to all mobile home accessory buildings and structures:

1.

Location on space. Accessory buildings and structures shall not obstruct required openings for light and ventilation of the mobile home and shall not prevent inspection of mobile home equipment and utility connections.

2.

Construction. Every accessory building or structure shall be designed and constructed in accordance with the applicable provisions of all City building and construction codes, laws and ordinances.

All awnings and carports within manufactured home parks shall conform with the following specific requirements:

1.

Generally. An awning or carport may be erected, constructed or maintained on a manufactured home space only as an accessory to a manufactured home located on the same space. An awning shall not be enclosed with rigid materials or walls or converted for use as a habitable room or cabana, unless the completed construction complies with all the requirements for a cabana.

2.

Location. Awnings or carports may be attached to the manufactured home when in compliance with Section R328.3

3.

Exits from awning enclosure. An awning with enclosures of non-rigid materials shall have at least one door in the enclosure opening directly to the outside of the enclosure. The opening shall be not less than 28 inches (711 mm) in width nor less than six feet, two inches in height (1880 mm). Two such door openings shall be provided from the enclosure when the enclosure encloses two doors of the manufactured home.

Cabanas within manufactured home parks shall conform with the following specific requirements:

1.

Design and construction. A cabana shall be designed and constructed as a structurally independent structure. A cabana may be attached to a manufactured home with appropriate flashing or sealing materials to provide a weather seal.

2.

Dimensions.

a.

The height of a cabana shall not exceed the height of the manufactured home.

b.

A cabana shall have a minimum ceiling height of seven feet (2134 mm) from the finished floor. If the ceiling or roof is sloped, one-half of the sloped ceiling area shall meet the minimum ceiling height. No portion of any room having a ceiling height of less than five feet (1524 mm) shall be considered as contributing to the minimum area required in this subsection.

c.

Habitable rooms shall be not less than seven feet (2134 mm) in any horizontal dimension.

Subsection R405.1 is hereby amended to read as follows:

R405.1 Concrete or masonry foundations. Drains shall be provided around concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the top of the footing or below the bottom of the slab and shall be designed to collect in a sump and discharge by gravity and mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (152 mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on not less than 2 inches (51 mm) of washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (152 mm) of the same material.

Subsection R408.4 is hereby amended to read as follows:

R408.4 Access. Access shall be provided to all under-floor spaces. Access openings through the floor shall be not smaller than 22 inches by 30 inches (559 mm by 762 mm). Openings through a perimeter wall shall be not less than 16 inches by 24 inches (407 mm by 610 mm). Where any portion of the through-wall access is below grade, an areaway not less than 16 inches by 24 inches (407 mm by 610 mm) shall be provided. The bottom of the areaway shall be below the threshold of the access opening. Through wall access openings shall not be located under a door to the residence. See Section M1305.1.4 for access requirements where mechanical equipment is located under floors.

A new Subsection R908.1.1 is hereby enacted to read as follows:

R908.1.1 Extent of replacement. When more than one square of asphalt shingles are required to be replaced over the aggregate area of the roof and a permit is required, every slope containing damaged shingles shall be replaced in its entirety. The interface of different types of shingles shall only occur at a ridge, hip or open valley.

Subsection P2603.5 is hereby amended to read as follows:

P2603.5 Freezing. In localities having a winter design temperature of 32°F (0°C) or lower as shown in Table R301.2 (1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe between the tap of the main water line and the meter shall be installed not less than 48 inches (1219 mm) below finish grade. The water service piping serving the building from the meter shall be installed not less than 12 inches (305 mm) deep and not less than 6 inches (152 mm) below the frost line.

Subsection P2603.5.1 is hereby repealed and reenacted to read as follows:

P2603.5.1 Sewer depth. Building sewers shall be not less than 12 inches (305 mm) below grade.

Subsection P2903.3.2 is hereby amended to read as follows:

P2903.3.2 Maximum pressure. The maximum static water pressure shall be not greater than 80 psi (551 kPa). An approved pressure-reducing valve conforming to ASSE 1003 or CSA B356 shall be installed on the domestic water branch mains or risers at the connection to the waterservice pipe.

(Ord. No. 3136, § 19, 7-13-10; Ord. No. 3206, § 1, 8-14-12; Ord. No. 3252, § 18, 7-23-13; Ord. No. 3398, § 13, 8-23-16; Ord. No. 3538, § 14, 9-10-19; Ord. No. 3643, § 13, 2-14-23; Ord. No. 3731, § 13, 5-13-25)

Editor's note— Ord. No. 3136, § 19, adopted July 13, 2010, repealed the former § 10-165 and enacted a new § 10-165 as set out herein. The former § 10-165 pertained to the Uniform Building Code adopted by reference and derived from § 44-50 of the 1975 Code, Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(w), adopted Dec. 17, 1990; Ord. No. 2281, § 16, adopted Sept. 13, 1993; and Ord. No. 2452, § 10, adopted May 27, 1997. See § 10-164 for adoption of the Uniform Building Code.

The ASME A17.1 Safety Code for Elevators and Escalators, 2019 edition, published by the American Society of Mechanical Engineers. Two Park Avenue, New York, New York 10016, is hereby adopted by this reference and incorporated in this Code as the elevator code of the city. The purpose and subject matter of the ASME A17.1 Safety Code for Elevators and Escalators includes the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of elevators and escalators. The ASME A17.1 Safety Code for Elevators and Escalators, 2019 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 3136, § 20, 7-13-10; Ord. No. 3615, § 2, 1-11-22)

Editor's note— Ord. No. 3136, § 20, adopted July 13, 2010, repealed the former § 10-166 and enacted a new § 10-166 as set out herein. The former § 10-166 pertained to the International Residential Code adopted by reference and derived from Ord. No. 2993, § 11, adopted June 5, 2007.

Editor's note— Ord. No. 3136, § 21, adopted July 13, 2010, repealed § 10-167 which pertained to amendments to the International Residential Code and derived from Ord. No. 2993, § 12, adopted June 5, 2007.

The ASME A17.3 Safety Code for Existing Elevators and Escalators, 2005 edition, published by the American Society of Mechanical Engineers. Three Park Avenue, New York, New York 10016, is hereby adopted by this reference and incorporated in this Code as the existing elevator and escalator code of the city. The purpose and subject matter of the ASME A17.3 Safety Code for Existing Elevators and Escalators includes the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of existing elevators and escalators. Except as otherwise provided in this Code, the ASME A17.3 Safety Code for Existing Elevators and Escalators, 2005 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 3136, § 22, 7-13-10)

Editor's note— Ord. No. 3136, § 22, adopted July 13, 2010, repealed the former § 10-168 and enacted a new § 10-168 as set out herein. The former § 10-168 pertained to the Uniform Swimming Pool, Spa and Hot Tub Code adopted by reference and derived from § 44-53 of the 1975 Code; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(x), adopted Dec. 17, 1990; and Ord. No. 2281, § 17, adopted Sept. 13, 1993.

Editor's note— Ord. No. 3136, § 23, adopted July 13, 2010, repealed § 10-169 which pertained to amendments to the Uniform Swimming Pool, Spa and Hot Tub Code and derived from § 44-54 of the 1975 Code; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(y), adopted Dec. 17, 1990; and Ord. No. 2281, § 18, adopted Sept. 13, 1993.

The ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts, 2017 edition, published by the American Society of Mechanical Engineers. Two Park Avenue, New York, New York 10016, is hereby adopted by this reference and incorporated in this Code as the platform lift and stairway chairlift standard of the city. The purpose and subject matter of the ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts includes the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of platform lifts and stairway chairlifts. The ASME A18.1 Safety Standard for Platform Lifts and Stairway Chairlifts, 2017 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 3136, § 24, 7-13-10; Ord. No. 3615, § 2, 1-11-22)

Editor's note— Ord. No. 3136, § 24, adopted July 13, 2010, repealed the former § 10-170 and enacted a new § 10-170 as set out herein. The former § 10-170 pertained to fencing for swimming pools, spas and hot tubs, and derived from § 44-55 of the 1975 Code; Ord. No. 1530, adopted Feb. 10, 1986; and Ord. No. 2406, §§ 1, 2, adopted Feb. 26, 1996.

Editor's note— Ord. No. 3136, § 25, adopted July 13, 2010, repealed § 10-171 which pertained to violations and penalties and civil enforcement, and derived from § 44-62 of the 1975 Code; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 1661, adopted May 11, 1987; Ord. No. 2033, § 1(bb), adopted Dec. 17, 1990; Ord. No. 2281, § 19, adopted Sept. 13, 1993; and Ord. No. 2731, § 12, adopted Oct. 8, 2002.

The ASCE 21 Parts 1, 2, 3, 4 Automated People Mover Standards, 2013 edition, published by the American Society of Civil Engineers. 1801 Alexander Bell Drive, Reston, Virginia 20191, is hereby adopted by this reference and incorporated in this Code as the people mover code of the city. The purpose and subject matter of the ASCE 21 Parts 1, 2, 3, 4 Automated People Mover Standards includes the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of Automated People Movers. The ASCE 21 Parts 1, 2, 3, 4 Automated People Mover Standards, 2013 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 3136, § 26, 7-13-10; Ord. No. 3615, § 2, 1-11-22)

Editor's note— Ord. No. 3136, § 26, adopted July 13, 2010, repealed the former § 10-172 and enacted a new § 10-172 as set out herein. The former § 10-172 pertained to nonliability and derived from § 44-63 of the 1975 Code; Ord. No. 1530, adopted Feb. 10, 1986; Ord. No. 2033, § 1(aa), adopted Dec. 17, 1990; and Ord. No. 2489, § 12, adopted Oct. 26, 2004.

Editor's note— Ord. No. 3136, § 27, adopted July 13, 2010, repealed § 10-173 which pertained to garbage disposal units, and derived from Ord. No. 240, adopted Aug. 2, 1966; Ord. No. 1490, adopted Nov. 12, 1985; Ord. No. 1520, adopted Dec. 16, 1985; and Ord. No. 2186, adopted Sept. 14, 1992.

The International Residential Code, 2024 edition, published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001, is hereby adopted by this reference and incorporated in this Code as the Energy Conservation Code of the City. The purpose and subject matter of the International Energy Conservation Code includes the design and installation of energy-efficient building envelopes and energy efficient mechanical, lighting and power systems. Except as otherwise provided in this Code, the International Energy Conservation Code, 2024 edition, is adopted in full, including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 3136, § 28, 7-13-10; Ord. No. 3252, § 19, 7-23-13; Ord. No. 3398, § 14, 8-23-16; Ord. No. 3538, § 15, 9-10-19; Ord. No. 3643, § 14, 2-14-23; Ord. No. 3731, § 14, 5-13-25)

Editor's note— Ord. No. 3136, § 28, adopted July 13, 2010, repealed the former § 10-174 and enacted a new § 10-174 as set out herein. The former § 10-174 pertained to permit restrictions and limitations and derived from Ord. No. 2406, § 3, adopted Feb. 26, 1996; and Ord. No. 2590, § 10, adopted Dec. 13, 1999.

The International Energy Conservation Code adopted in Section 10-174 is amended as follows, with section numbers referring to section numbers of the International Energy Conservation Code:

Subsection C101.1 is hereby amended to read as follows:

C101.1 Title. This code shall be known as the Energy Conservation Code of the City of Thornton and shall be cited as such. It is referred to herein as "this code."

Subsection R101.1 is hereby amended to read as follows:

R101.1 Title. This code shall be known as the Energy Conservation Code of the City of Thornton, and shall be cited as such. It is referred to herein as "this code."

(Ord. No. 3136, § 29, 7-13-10; Ord. No. 3252, § 20, 7-23-13; Ord. No. 3398, § 14, 8-23-16; Ord. No. 3538, § 16, 9-10-19); Ord. No. 3643, § 15, 2-14-23; Ord. No. 3731, § 15, 5-13-25)

Editor's note— Ord. No. 3136, § 29, adopted July 13, 2010, repealed the former § 10-175 and enacted a new § 10-175 as set out herein. The former § 10-175 pertained to the International Energy Conservation Code adopted by reference and derived from Ord. No. 2993, § 13, adopted June 5, 2007.

The International Existing Building Code, 2024 edition, is published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001. The purpose and subject matter of the International Existing Building Code includes regulating construction aspects of building and providing greater safety to the public and uniformity in building laws. The International Existing Building Code, 2024 edition, is hereby adopted by this reference and incorporated into this Code as the existing building construction code of the City. Except as otherwise provided in Section 10-178, the International Existing Building Code, 2024 edition, is adopted in full including the outline of contents and the index, but excluding all appendix chapters.

(Ord. No. 3136, § 30, 7-13-10; Ord. No. 3252, § 21, 7-23-13; Ord. No. 3398, § 15, 8-23-16; Ord. No. 3538, § 17, 9-10-19; Ord. No. 3643, § 16, 2-14-23; Ord. No. 3731, § 16, 5-13-25)

Editor's note— Ord. No. 3136, § 30, adopted July 13, 2010, repealed the former § 10-176 and enacted a new § 10-176 as set out herein. The former § 10-176 pertained to amendments to the International Energy Conservation Code and derived from Ord. No. 2993, § 14, adopted June 5, 2007.

The International Existing Building Code adopted in Section 10-176 is amended as follows, with section numbers referring to section numbers of the International Existing Building Code:

Subsection 101.1 is hereby amended to read as follows:

[A] 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Thornton, hereinafter referred to as "this code."

Subsection 101.2 is hereby amended to read as follows:

[A] 101.2 Scope. The provisions of this code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings. The relocation of existing buildings shall also comply with City Code Section 18-517.

Section 202 General Definitions is hereby amended to read as follows:

COLD WEATHER CARE HOUSING. Places of religious worship within the City that allow the temporary housing of homeless persons during the months of October through March.

[BS] DANGEROUS. Any building, structure or portion thereof that meets any of the conditions described below or meets the definition of dangerous as stated in the Uniform Code for the Abatement of Dangerous Buildings shall be deemed dangerous:

1.

The building or structure has collapsed, has partially collapsed, has moved off its foundation or lacks the necessary support of the ground.

2.

There exists a significant risk of collapse, detachment or dislodgment of any portion, member, appurtenance or ornamentation of the building or structure under permanent, routine or frequent loads; under actual loads already in effect; or under snow, wind, rain, flood, earthquake or other environmental loads when such loads are imminent.

Section 308.1 is hereby amended to read as follows:

308.1 Carbon monoxide detection. Where an addition, alteration, change of occupancy or relocation of a building is made to Group I-1, I-2, I-4 and R occupancies and classrooms of Group E occupancies, or where one or more sleeping rooms are added or created in existing dwellings, the existing building shall be provided with carbon monoxide detection in accordance with the International Fire Code or Section R315 of the International Residential Code.

Exceptions:

1.

Work involving the exterior surfaces of buildings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of porches or decks.

2.

Installation, alteration or repairs of plumbing or mechanical systems, other than fuel-burning appliances.

Section 705 is hereby repealed in its entirety. Please refer to Section 1511 of the International Building Code.

Subsection 1011.2.1 is hereby amended to read as follows:

1011.2.1 Fire sprinkler system. Where a change in occupancy classification occurs or where there is a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of the International Building Code that requires an automatic fire sprinkler system to be provided based on the new occupancy in accordance with Chapter 9 of the International Building Code. The installation of the automatic sprinkler system shall be required within the area of the change of occupancy and areas of the building not separated horizontally and vertically from the change of occupancy by one of the following:

1.

Nonrated permanent partition and horizontal assemblies.

2.

Fire partition.

3.

Smoke partition.

4.

Smoke barrier.

5.

Fire barrier.

6.

Fire wall.

Exceptions:

1.

An automatic sprinkler system shall not be required in a one- or two-family dwelling constructed in accordance with the International Residential Code.

2.

Automatic sprinkler system shall not be required in a townhouse constructed in accordance with the International Residential Code.

3.

The townhouse shall be separated from adjoining units in accordance with Section R302.2 of the International Residential Code.

4.

Group A-3 places of religious worship participating in the Cold Weather Care Housing, as defined in Chapter 2, in which the aggregate sleeping areas are less than ten percent (10%) of the building area for each story that is used as an aggregate sleeping area.

(Ord. No. 3136, § 31, 7-13-10; Ord. No. 3157, § 1, 12-7-10; Ord. No. 3165, § 2, 4-12-11; Ord. No. 3252, § 22, 7-23-13; Ord. No. 3398, § 16, 8-23-16; Ord. No. 3538, § 18, 9-10-19; Ord. No. 3643, § 17, 2-14-23; Ord. No. 3731, § 17, 5-13-25; Ord. No. 3745, § 9, 8-26-25)

Editor's note— Ord. No. 3136, § 31, adopted July 13, 2010, repealed the former § 10-177 and enacted a new § 10-177 as set out herein. The former § 10-177 pertained to the International Existing Building Code adopted by reference and derived from Ord. No. 2993, § 15, adopted June 5, 2007.

(a)

It shall be unlawful for any person to violate the provisions of this chapter or the terms of the codes or standards adopted and incorporated in this chapter. Whenever, in any section of this chapter or in any section of any rule or regulation of any code or standard adopted and incorporated in this chapter the doing of an act is required, prohibited, or declared to be unlawful, any person who shall be convicted of a violation thereof shall, for each offense, be punished as provided in Section 1-8(a) of the City Code. Each separate day during which any violation occurs or continues shall constitute a separate offense so punishable. A violation of any provision of this chapter, codes or standards incorporated in this chapter is declared to be a serious threat to public health and safety.

(b)

In addition to the penalties set forth in subsection (a) of this section, the city attorney is authorized to bring an action before any court of suitable jurisdiction to abate, remove, or enjoin such violation and to recover damages, costs, and reasonable attorney's fees incurred in the abatement and removal of such violation.

(Ord. No. 3136, § 32, 7-13-10)

Editor's note— Ord. No. 3136, § 32, adopted July 13, 2010, repealed the former § 10-178 and enacted a new § 10-178 as set out herein. The former § 10-178 pertained to amendments to the International Existing Building Code and derived from Ord. No. 2993, § 156, adopted June 5, 2007.

The International Swimming Pool and Spa Code, 2024 edition, is published by the International Code Council, Inc. 500 New Jersey Avenue, NW, 6 ^th Floor, Washington, D.C. 20001. The purpose and subject matter of the International Swimming Pool and Spa Code includes regulating construction aspects of building and providing greater safety to the public and uniformity in building laws. The International Swimming Pool and Spa Code, 2024 edition, is hereby adopted by this reference and incorporated into this Code as the Swimming Pool and Spa Construction Code of the City. Except as otherwise provided in Section 10-180, the International Swimming Pool and Spa Code is adopted in full, including outline of contents and index, but excluding all appendix chapters.

(Ord. No. 3252, § 23, 7-23-13; Ord. No. 3398, § 16, 8-23-16; Ord. No. 3538, § 19, 9-10-19; Ord. No. 3643, § 18, 2-14-23; Ord. No. 3731, § 18, 5-13-25)

The International Swimming Pool and Spa Code adopted in Section 10-179 is hereby amended with section numbers referring to section numbers of the International Swimming Pool and Spa Code, to read as follows:

Subsection 101.1 is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Thornton, hereinafter referred to as "this code."

Subsection 202 Definitions Residential Swimming Pool is hereby amended to read as follows:

Residential Swimming Pool (Residential Pool). A pool intended for use that is accessory to a One- and Two-Family Dwelling and available only to the household and its guests. Other pools shall be considered to be public pools for purposes of this code.

Types I - V. Residential pools suitable for the installation of diving equipment by type.

Type O. A non-diving residential pool.

Subsection 202 Definitions is hereby amended to read as follows:

Public Swimming Pool (Public Pool). A pool, other than a residential pool, that is intended to be used for swimming or bathing and is operated by an owner, lessee, operator, licensee or concessionaire, regardless of whether a fee is charged for use. Public pools shall be further classified and defined as follows:

CLASS C, semi-public pool. A pool operated solely for and in conjunction with lodgings such as hotels, motels, apartments, townhomes, or condominiums.

(Ord. No. 3252, § 24, 7-23-13; Ord. No. 3398, § 16, 8-23-16; Ord. No. 3538, § 20, 9-10-19; Ord. No. 3643, § 19, 2-14-23; Ord. No. 3731, § 19, 5-13-25)

(a)

No person may install or use graywater treatment works, as defined in the Colorado Department of Public Health and Environment Water Quality Control Commission Regulation 86 (Regulation 86), within City limits or within the City's Service Area, as defined in Section 74-8.

(b)

Any person violating any provisions of this section or any order, rule, or regulation issued under this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Section 1-8. Each separate day or any portion thereof during which violation of any provision appearing in this section occurs or continues shall be deemed or constituted as a separate offense.

(c)

In addition to the penalties prescribed in subsection (b) of this section, the City may recover reasonable attorney's fees, court costs, court reporter's fees, and all other expenses of litigation in the event an appropriate civil action is brought against the person violating this section or any orders, rules, or regulations issued pursuant thereto.

(Ord. No. 3757, § 1, 10-28-25)

(a)

Title. The regulations shall be known as the South Thornton Urban Renewal Authority Non-Residential Property Maintenance Code of the City of Thornton (hereafter referred to as "this code").

(b)

Scope. The provisions of this code shall apply to all existing non-residential structures and all existing premises located in the South Thornton URA area and shall constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, owners' authorized agents, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

(c)

Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.

(d)

Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

(b)

Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner's authorized agent, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied building, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures and premises.

(c)

Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City Code.

(d)

Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.

(e)

Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions.

(f)

Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.

(g)

Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Division 9 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 10-237(g)(1) and 10-237(g)(2).

(1)

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

(2)

Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply.

(3)

Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

(h)

Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official.

(i)

Application of references. References to division or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such division, section or provision of this code.

(j)

Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Liability. The building official, member of the building code advisory board or employee charged with the enforcement of this building code, while acting in the course and scope of their duties required by this building code or other pertinent law or ordinance, shall not thereby be rendered liable personally and are hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this building code shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings.

(b)

Fees. The fees for permits, activities and services performed by the department in carrying out its responsibilities under this code shall be in an amount established by the schedule of fees as adopted by resolution by the city council.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(b)

Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

(c)

Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner; owner's authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

(d)

Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

(e)

Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code.

(f)

Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.

(b)

Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved.

(c)

Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.

(1)

Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.

(2)

Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.

(d)

Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official.

(e)

Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

(f)

Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.

(b)

Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 10-242.

(c)

Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 10-242 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

(d)

Violation penalties. Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(e)

Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 10-242(b) and 10-242(c) to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 10-243(c).

(b)

Form. Such notice prescribed in Section 10-242(a) shall be in accordance with all of the following:

(1)

Be in writing.

(2)

Include a description of the real estate sufficient for identification.

(3)

Include a statement of the violation or violations and why the notice is being issued.

(4)

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the building or structure into compliance with the provisions of this code.

(5)

Inform the property owner or owner's authorized agent of the right to appeal.

(6)

Include a statement of the right to file a lien in accordance with Section 10-241(c).

(c)

Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

(1)

Delivered personally;

(2)

Sent by certified or first-class mail addressed to the last known address; or

(3)

If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

(d)

Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.

(e)

Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 10-241(d).

(f)

Transfer of ownership. It shall be unlawful for the owner of any building or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.

(b)

Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

(1)

Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

(2)

Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

(3)

Unlawful structure. An unlawful structure is one found in whole or in part was erected, altered or occupied contrary to law.

(4)

Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described in the Uniform Code for the Abatement of Dangerous Buildings as amended and adopted by the city shall be considered a dangerous building.

(c)

Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

(d)

Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 10-237(g)2.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner's authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's authorized agent, or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.

(e)

Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 10-242(c). If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 10-242(b).

(f)

Placarding. Upon failure of the owner, owner's authorized agent, or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

(g)

Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

(h)

Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

(i)

Abatement methods. The owner, owner's authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

(j)

Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the code official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

(b)

Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

(c)

Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

(d)

Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(e)

Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.

(f)

Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. The code official shall order the owner or the owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.

(b)

Notices and orders. All notices and orders shall comply with Section 10-242.

(c)

Failure to comply. If the owner or owner's authorized agent of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

(d)

Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

(b)

Membership of board. The building code advisory board shall consist of a minimum of five members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms.

(1)

Alternate members. The chief appointing authority shall appoint a minimum of two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.

(2)

Chairman. The board shall annually select one of its members to serve as chairman.

(3)

Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.

(4)

Secretary. The code official shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.

(5)

Compensation of members. Compensation of members shall be determined by law.

(c)

Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings.

(d)

Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minimum of three members of the building code advisory board membership.

(1)

Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

(e)

Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.

(f)

Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.

(1)

Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.

(2)

Administration. The code official shall take immediate action in accordance with the decision of the board.

(g)

Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the code official.

(h)

Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order.

(b)

Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume.

(c)

Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.

(d)

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, shall be penalized as provided in Section 10-423(b) of the City Code.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this division.

(b)

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

(c)

Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, Thornton Development Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.

(d)

Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

(e)

Parts. Whenever the words "building," or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

(Ord. No. 3403, § 1, 9-13-16)

Anchored means secured in a manner that provides positive connection.

Approved means approved by the code official.

Basement means that portion of a building which is partly or completely below grade.

Bathroom means a room containing plumbing fixtures including a bathtub or shower.

Bedroom means any room or space used or intended to be used for sleeping purposes in hotel, motel or sleeping unit.

Code official means the official who is charged with the administration and enforcement of this code, or any duly authorized representative. The code official shall also be known as the chief building official.

Condemn means to adjudge unfit for occupancy.

Cost of such demolition or emergency repairs means the costs shall include the actual costs of the demolition or repair of the structure less revenue obtained if salvage was conducted prior to the demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by the code official, the governing body or building code advisory board.

Detached means when a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

Deterioration means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.

Easement means that portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

Equipment support means those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles; that transmit gravity load, lateral load and operating load between the equipment and the structure.

Exterior property means the open space on the premises and on adjoining property under the control of owners or operators of such premises.

Garbage means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Guard means a building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

Habitable space means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Hotel/motel means a room or space in which people sleep, which can also include permanent provisions for living, eating, sanitation, and kitchen facilities.

Historic building means any building or structure that is one or more of the following:

(1)

Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.

(2)

Designated as historic under an applicable state or local law.

(3)

Certified as a contributing resource within a National Register or state or locally designated historic district.

Imminent danger means a condition which could cause serious or life-threatening injury or death at any time.

Infestation means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

Inoperable motor vehicle means a vehicle which cannot be driven upon the streets or highways for any reason including but not limited to being unlicensed or otherwise unlawful, wrecked, abandoned, in a state of disrepair, unsafe by virtue of its condition, or incapable of being moved under its own power.

Junk means any manufactured goods, appliances, fixtures, furniture, machinery, motor vehicles or trailers which are abandoned, demolished, dismantled or that are so worn or deteriorated or in such a condition as to be unusable in their existing state, salvage material, scrap metal, scrap material, waste, bottles, tin cans, paper, boxes, crates, rags, used lumber and building materials, motor vehicle and machinery parts, and used tires.

Labeled means equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.

Let for occupancy or let means to permit, provide or offer possession or occupancy of a building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

Neglect means the lack of proper maintenance for a building or structure.

Occupancy means the purpose for which a building or portion thereof is utilized or occupied.

Occupant means any individual having possession of a building or space within a building.

Openable area means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person means an individual, corporation, partnership or any other group acting as a unit.

Pest elimination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

Premises mean a lot, plot or parcel of land, easement or public way, including any structures thereon.

Public way means any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

Rooming house means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

Rooming unit means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

Rubbish means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

Sleeping unit means a room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both.

Strict liability offense means an offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

Structure means that which is built or constructed or a portion thereof.

Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

Toilet room means a room containing a water closet or urinal, but not a bathtub or shower.

Ultimate deformation means the deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.

Urban renewal authority area means an area within the corporate limits of Thornton, Colorado that has been designated by the City of Thornton for urban renewal, also known as "South Thornton URA area."

Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Workmanlike means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

Yard means an open space on the same lot with a structure.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Scope. The provisions of this division shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

(b)

Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this division. Occupants of a building or structure are responsible for keeping in a clean, sanitary and safe condition that part of the building, structure or premises which they occupy and control.

(c)

Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.

(b)

Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.

(1)

Exception: Approved retention areas and reservoirs.

(c)

Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

(d)

Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Landscaping shall be maintained in accordance with the approved landscaping plan. If there is no approved plan, landscaping shall be maintained in accordance with Section 18-619. Upon failure of the owner or agent having charge of a property to cut and destroy weeds or take action to adequately maintain landscaping after service of a notice of violation, they shall be subject to prosecution in accordance with Section 10-241(c) and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Assessment of costs shall be in accordance with Section 38-453 of the City Code.

(e)

Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

(f)

Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

(g)

Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Fences shall be maintained in accordance with Section 18-462 of the City Code.

(h)

Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

(1)

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Vehicles stored for such purposes shall be stored in an enclosed area or in an outside area that is surrounded by a solid fence or other form of complete screening.

(i)

Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

(Ord. No. 3403, § 1, 9-13-16; Ord. No. 3745, § 10, 8-26-25)

(a)

Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

(b)

Enclosures. Enclosures shall be installed according to City Code, Chapter 10.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

(b)

Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

(1)

The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

(2)

The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;

(3)

Structures or components thereof that have reached their limit state;

(4)

Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;

(5)

Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;

(6)

Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

(7)

Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

(8)

Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;

(9)

Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;

(10)

Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

(11)

Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

(12)

Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or

(13)

Chimneys, cooling towers, smokestacks and similar appurtenances, not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

a.

Exceptions:

1.

When substantiated otherwise by an approved method.

2.

Demolition of unsafe conditions shall be permitted when approved by the code official.

(c)

Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

(d)

Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). Larger address numbers are encouraged to allow easier viewing by emergency responders.

(1)

Addresses. Address numbers shall be Arabic numerals. Numbers displayed as words, such as "twenty-five" shall not be permitted.

(2)

Rear entrance. All non-residential structures with a rear entrance visible from a public or private drive shall display the street address on or near the rear of the building entrance.

(e)

Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

(f)

Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

(g)

Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

(h)

Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

(i)

Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

(j)

Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(k)

Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

(l)

Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(m)

Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(n)

Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

(1)

Glazing. All glazing materials shall be maintained free from cracks and holes.

(2)

Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

(o)

Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

(1)

Exceptions: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

(p)

Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks on means of egress doors shall be in accordance with Section 10-278(b).

(q)

Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.

(r)

Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.

(s)

Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.

(1)

Doors. Doors providing access to a building or structure that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of one inch (25 mm) when allowed by this code, the International Building Code or International Existing Building Code. Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

(t)

Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a hotel, or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

(b)

Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:

(1)

The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

(2)

The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;

(3)

Structures or components thereof that have reached their limit state;

(4)

Structural members are incapable of supporting nominal loads and load effects;

(5)

Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

(6)

Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

a.

Exceptions:

1.

When substantiated otherwise by an approved method.

2.

Demolition of unsafe conditions shall be permitted when approved by the code official.

(c)

Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

(d)

Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

(e)

Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

(f)

Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(g)

Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.

(1)

Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:

a.

Soils that have been subjected to any of the following conditions:

1.

Collapse of footing or foundation system;

2.

Damage to footing, foundation, concrete or other structural element due to soil expansion;

3.

Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;

4.

Inadequate soil as determined by a geotechnical investigation;

5.

Where the allowable bearing capacity of the soil is in doubt; or

6.

Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.

b.

Concrete that has been subjected to any of the following conditions:

1.

Deterioration;

2.

Ultimate deformation;

3.

Fractures;

4.

Fissures;

5.

Spalling;

6.

Exposed reinforcement; or

7.

Detached, dislodged or failing connections.

c.

Aluminum that has been subjected to any of the following conditions:

1.

Deterioration;

2.

Corrosion;

3.

Elastic deformation;

4.

Ultimate deformation;

5.

Stress or strain cracks;

6.

Joint fatigue; or

7.

Detached, dislodged or failing connections.

d.

Masonry that has been subjected to any of the following conditions:

1.

Deterioration;

2.

Ultimate deformation;

3.

Fractures in masonry or mortar joints;

4.

Fissures in masonry or mortar joints;

5.

Spalling;

6.

Exposed reinforcement; or

7.

Detached, dislodged or failing connections.

e.

Steel that has been subjected to any of the following conditions:

1.

Deterioration;

2.

Elastic deformation;

3.

Ultimate deformation;

4.

Metal fatigue; or

5.

Detached, dislodged or failing connections.

f.

Wood that has been subjected to any of the following:

1.

Exceptions:

i.

When substantiated otherwise by an approved method.

ii.

Demolition of unsafe conditions shall be permitted when approved by the code official.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

(1)

Exception: Guards shall not be required where exempted by the adopted building code.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Accumulation of junk, rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of junk, rubbish or garbage.

(b)

Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers.

(c)

Rubbish storage facilities. The owner of every occupied premise shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish.

(d)

Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors.

(e)

Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.

(1)

Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leak-proof, covered, outside garbage container.

(2)

Containers. The operator of every establishment producing garbage shall provide and at all times cause to be utilized, approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.

(b)

Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure.

(c)

Single occupant. The occupant of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.

(d)

Multiple-occupancy. The owner of a structure containing multiple-occupancy nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination.

(e)

Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.

(1)

Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Scope. The provisions of this division shall govern the minimum conditions and standards for light and ventilation.

(b)

Responsibility. The owner of the structure shall provide and maintain light and ventilation in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of International Building Code.

(c)

Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

(1)

Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served.

(b)

Common halls and stairways. In non-residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of one foot-candle (11 lux) at floors, landings and treads.

(c)

Outer spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

(d)

Off-street lighting. Off-street parking for non-residential uses that offers service after dark shall be lighted beginning one-half hour after sunset and continuing throughout the hours of use. If only a portion of the parking area is offered for use after dark, only that part shall be lighted. The lighting of the off-street parking area shall meet the following minimum requirements:

(1)

The intensity of light on the parking surface shall be

a.

An average of at least one foot-candle, initial measurement; and

b.

A minimum at any point of at least four-tenths foot-candle initial measurement. Requirements for maintenance of parking lot lighting shall include replacement of bulbs and light fixtures, regular cleaning, and replacement of light poles as needed.

(2)

The light source shall be indirect, diffused, or shielded type fixtures, installed to reduce glare and the consequent interference with boundary streets and adjacent property.

(3)

Fixtures shall be attached to buildings or mounted on poles in such a manner and at such a height that light is not directed at a residential use.

(4)

Maximum height of lights shall not exceed 35 feet.

(e)

Exterior lighting. Refer to City Code Chapter 18, Article VI, Division 5 for requirements for outdoor lighting.

(Ord. No. 3403, § 1, 9-13-16; Ord. No. 3745, § 11, 8-26-25)

(a)

Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 10-260(a).

(1)

Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.

(b)

Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for bathrooms and toilet rooms complying with the International Building Code, International Mechanical Code or International Plumbing Code, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.

(c)

Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space.

(d)

Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions.

(1)

Exception: Listed and labeled condensing (ductless) clothes dryers.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Privacy. Hotel units, motel units, and rooming units shall be arranged to provide privacy and be separate from other adjoining spaces.

(b)

Minimum room widths. A habitable room, other than a kitchen, shall be a minimum of seven feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of three feet (914 mm) between counter-fronts and appliances or counter-fronts and walls.

(c)

Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet (2134 mm).

(1)

Exceptions: Rooms occupied exclusively for sleeping or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of seven feet (2134 mm) over a minimum of one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five feet (1524 mm) shall be included.

(d)

Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 10-253(b)(1) through 10-253(b)(4).

(1)

Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

(2)

Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.

(3)

Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.

(4)

Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, ceiling and height requirements of this division; the plumbing facilities and water-heating facilities requirements of Division 6; the heating facilities and electrical receptacle requirements of Division 7; and the smoke detector and emergency escape requirements of Division 8.

(e)

Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

(1)

A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Subsections (2) and (3).

(2)

The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

(3)

The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

(4)

The maximum number of occupants shall be three.

(f)

Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Scope. The provisions of this division shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.

(b)

Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this division and the International Plumbing Code.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.

(b)

Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.

(1)

Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

(c)

Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple occupant building.

(b)

Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located a maximum of one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities.

(1)

Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.

(c)

Floor Surface. Every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

(b)

Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.

(c)

Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.

(b)

Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

(c)

Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

(d)

Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

(b)

Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

(c)

Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for inspection by the code official.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.

(b)

Storm water flows. No person shall change, modify, impede, or otherwise block the flow of storm water on or across any private property where it would cause damage to upstream, downstream or adjacent properties, or where there is an approved grading or drainage plan for the properties, without the prior written approval of the public works director.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Scope. The provisions of this division shall govern the minimum mechanical and electrical facilities and equipment to be provided.

(b)

Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this division.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Facilities required. Heating facilities shall be provided in structures as required by this section.

(b)

Hotel/motel occupancies. Hotel and motel units shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

(c)

Occupy-able work spaces. Indoor occupy-able work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

(1)

Exceptions:

a.

Processing, storage and operation areas that require cooling or special temperature conditions.

b.

Areas in which persons are primarily engaged in vigorous physical activities.

(d)

Room temperature measurement. The required room temperatures shall be measured three feet (914 mm) above the floor near the center of the room and two feet (610 mm) inward from the center of each exterior wall.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.

(b)

Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

(1)

Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.

(c)

Clearances. All required clearances to combustible materials shall be maintained.

(d)

Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.

(e)

Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.

(f)

Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Division 7.

(b)

Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70.

(c)

Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.

(d)

Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.

(e)

Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code.

(1)

Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement:

a.

Enclosed switches, rated a maximum of 600 volts or less;

b.

Busway, rated a maximum of 600 volts;

c.

Panelboards, rated a maximum of 600 volts;

d.

Switchboards, rated a maximum of 600 volts;

e.

Fire pump controllers, rated a maximum of 600 volts;

f.

Manual and magnetic motor controllers;

g.

Motor control centers;

h.

Alternating current high-voltage circuit breakers;

i.

Low-voltage power circuit breakers;

j.

Protective relays, meters and current transformers;

k.

Low- and medium-voltage switchgear;

l.

Liquid-filled transformers;

m.

Cast-resin transformers;

n.

Wire or cable that is suitable for wet locations and whose ends have not been exposed to water;

o.

Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;

p.

Luminaires that are listed as submersible;

q.

Motors;

r.

Electronic control, signaling and communication equipment.

(f)

Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.

(1)

Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code.

(a)

Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

(b)

Receptacles. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location.

(c)

Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Pool and spa luminaries over 15 V shall have ground fault circuit interrupter protection.

(d)

Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.

(b)

Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.

(1)

Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Scope. The provisions of this division shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

(b)

Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this division.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Building Code or International Fire Code.

(b)

Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed.

(c)

Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.

(d)

Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following: required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools; and bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.

(Ord. No. 3403, § 1, 9-13-16)

(a)

Fire-resistance rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.

(b)

Opening protectives. Required opening protective shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.

(Ord. No. 3403, § 1, 9-13-16)

(a)

General. Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.

(1)

Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25.

(2)

Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less six inches (152 mm) high and words in letter not less than two inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official.

(b)

Single- and multiple-station smoke alarms.

(1)

Where required.

a.

Exceptions:

1.

Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided.

2.

Where smoke alarms have been installed in occupancies that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation.

3.

Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms.

b.

Hotels and motels. Single- and multiple-station smoke alarms shall be installed in all of the following locations in hotels and motels:

1.

In sleeping rooms.

2.

In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit.

3.

In each story within the sleeping unit, hotel and motel including basements. For split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.

c.

Group I-1. Single- and multiple-station smoke alarms shall be installed and maintained in Group I-1 regardless of occupant load at the following locations:

1.

On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.

2.

In each room used for sleeping purposes.

d.

Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by the International Building Code for non-residential occupancies.

1.

Ionization smoke alarms shall not be installed less than 20 feet (6096 mm) horizontally from a permanently installed cooking appliance.

2.

Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance.

3.

Photoelectric smoke alarms shall not be installed less than six feet (1829 mm) horizontally from a permanently installed cooking appliance.

e.

Installation near bathrooms. Smoke alarms shall be installed not less than three feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by the International Building Code for non-residential occupancies.

(2)

Interconnection. Where more than one smoke alarm is required to be installed within an individual sleeping unit, hotel or motel, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.

a.

Exceptions:

1.

Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind.

2.

Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without removal of interior finishes.

(3)

Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Required smoke detectors shall be interconnected so if one detector is activated, all detectors are activated.

a.

Exceptions:

1.

Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place.

2.

Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.

3.

Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without removal of interior finishes.

(4)

Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building's fire alarm system shall comply with all applicable requirements of Section 907 of the International Fire Code.

(Ord. No. 3403, § 1, 9-13-16)

This division lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title. The application of the referenced standards shall be as specified in Section 10-237(g).

(1)

ASME:

American Society of Mechanical Engineers
Two Park Avenue
New York, NY 10016-5990

Standard Referenced: A17.1/CSA B442019
Title: Safety Code for Elevators and Escalators

(2)

ASTM:

ASTM International
100 Barr Harbor Drive
West Conshohocken, PA 19428-2959

Standard Referenced: F 1346—91 (2003)
Title: Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs

(3)

ICC:

International Code Council
500 New Jersey Avenue, NW, 6th Floor
Washington, DC 20001

IBC—15 International Building Code®

IEBC—15 International Existing Building Code

IFC—15 International Fire Code

IFGC—15 International Fuel Gas Code®

IMC—15 International Mechanical Code®

IPC—15 International Plumbing Code®

(4)

NFPA:

National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02269

25—14 Inspection, Testing and Maintenance of Water-Based Fire Protection Systems

70—14 National Electrical Code

(5)

Thornton City Code:

City of Thornton
9500 Civic Center Drive
Thornton, CO 80229

City Code as amended from time to time by the City Council of the City of Thornton.

(Ord. No. 3403, § 1, 9-13-16; Ord. No. 3615, § 3, 1-11-22)

(a)

Title. These regulations shall be known as the Neglected and Derelict Buildings Code of the City of Thornton, hereafter referred to as "this code."

(b)

Scope. The provisions of this code shall apply to all nonresidential and multifamily structures and properties, any associated accessory structures, and to structures, accessory structures, any building or space considered common area within a private development, and properties under common ownership by a homeowners' association, metropolitan district or similar, located in the city.

(c)

Legislative intent. The city council finds and declares that neglected or derelict buildings and properties, as defined in this code, are detrimental to the health, safety, and general welfare of the people of the communities where they exist and to the economic welfare of the city overall due to the consequential impairment of taxable values upon which, in part, municipal revenues depend. In order to improve and maintain the general character of the city, it is necessary to rehabilitate such neglected or derelict buildings and properties. The intent of this code is to ensure the public health, safety and welfare by preventing properties within the scope of these provisions from becoming or remaining neglected or derelict, as that term is defined in this code; to mitigate the blighting impacts of these properties; to provide for the regular inspection of properties that are or are likely to become neglected or derelict; to preserve the existing property values of other real properties within or adjacent to such neglected or derelict buildings or properties; to preserve the taxable value of the real property in the city; and to assess fees to cover the costs incurred by the city in the running of this program on those properties and owners who have and maintain any neglected or derelict property.

(d)

Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

(Ord. No. 3605, § 1, 10-26-21)

(a)

General. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.

(b)

Referenced building codes and standards. The building codes and standards referenced in this code shall be those listed in Article IV of this chapter. These shall be considered part of the requirements of this code to the prescribed extent of each such reference.

(c)

Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the adopted building code, as amended. Nothing in this code shall be construed to cancel, modify or set aside any provision of the City Code.

(d)

Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary.

(e)

Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.

(f)

Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

(Ord. No. 3605, § 1, 10-26-21)

(a)

Scope. For the purposes of this code, all terms shall have the meanings shown in this division unless otherwise expressly stated.

(b)

Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

(c)

Terms defined in other codes. Where terms are not defined in this code and are defined in the building code or adopted standards, or elsewhere in the City Code, such terms shall have the meanings ascribed to them as stated in those codes.

(d)

Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

(Ord. No. 3605, § 1, 10-26-21)

As used in this code, the following definitions apply unless the context requires otherwise.

(a)

Abate or abatement means to make the neglected or derelict property compliant with the building code and all rules and regulations adopted pursuant to them; provided however, that for a property only cited under Section 10-307(g)(3), compliant with the City Code means compliant with the underlying city or state law giving rise to the violation of Section 10-307(g)(3). The closing or boarding up of a building that is found to be neglected or derelict is not an abatement.

(b)

Building means any building or structure located in the city, as these are defined in the building code. The term "building" shall be construed as though followed by the words "or any part thereof."

(c)

Building code means the code adopted in Section 10-3, along with all primary and secondary codes adopted by reference, as amended.

(d)

Building official means the city's designated Chief Building Official or designee.

(e)

Hearing officer means a person retained by the city to hear and decide all issues raised in a hearing.

(f)

Historic property means a structure that has been designated for preservation in accordance with Chapter 19 of the City Code; or a structure within a designated historic district in accordance with Chapter 19 of the City Code; or a structure listed in the National Register of Historic Places or the Colorado State Register of Historic Places; or a structure within a historic district listed in the National Register of Historic Places or the Colorado State Register of Historic Places.

(g)

Interested person means an owner, mortgagee, lienholder, or other person or entity that possesses an interest of record or an interest otherwise provable in property that becomes subject to the provisions of this code. The city and any appointed receiver pursuant to this code are interested persons.

(h)

Neglected or derelict property means any building, structure, utility, or property upon which any one or more of the following circumstances exist, as determined by the building official:

(1)

The property is unsafe, however this factor shall be considered only in the following circumstances:

a.

In combination with one or more of the circumstance listed in subsections (2) through (6), below; or

b.

When the term "property" references a utility or parcel of land.

(2)

The property is, for three consecutive months:

a.

Not lawfully occupied;

b.

Wholly or partially boarded up; and

c.

Does not show evidence of substantial and ongoing construction activity;

(3)

The property is not lawfully occupied and has been in violation of any provision of city or state law on three separate occasions within a two-year period;

(4)

The property has been in continuous violation of a city or state law for six months or longer with no evidence of substantial and ongoing construction work or other corrective activity;

(5)

The property is not lawfully occupied and any city utility bill for the premises has been due and unpaid for a period of at least one year; or

(6)

The property is a neighborhood nuisance as that term is defined in this section.

(i)

Neighborhood landowner means an owner of property or neighborhood group that represents the owner of property that is located within 500 feet of property that becomes subject to the provisions of this code.

(j)

Neighborhood nuisance means a property that, by reason of inadequate maintenance, dilapidation, obsolescence or other similar reason, is a danger to the public health, safety or welfare; is structurally unsafe or unsanitary; is not provided with adequate safe egress; constitutes a fire hazard; is otherwise dangerous to human life; or in relation to the existing use constitutes a danger to the public health, safety or welfare. To determine whether a property is a neighborhood nuisance, as appropriate, the building official shall consider:

(1)

Whether there have been or are City Code violations or violations of other ordinances or statutes;

(2)

Whether the property is vacant;

(3)

Whether the grounds are maintained;

(4)

Whether a building's interior is sound;

(5)

Whether the property has been vandalized or subject to other destructive activity;

(6)

The length of time any of the above conditions have existed;

(7)

In the case of an occupied building, whether an owner obligated by law or lease to provide services, make repairs, purchase fuel or other needed supplies, or pay utility bills has failed to do so; and

(8)

Other relevant factors as the building official determines.

(k)

Not lawfully occupied means property that is unoccupied or uninhabited; property that is posted as unsafe, regardless of whether occupied; property that has been ordered vacated pursuant to the building code; or property that is occupied only by trespassers or transients seeking temporary hiding or shelter.

(l)

Owner means a person or entity with a legal interest in property or any person or entity that obtains a legal interest in property. Owner shall specifically include any person or entity that subsequently takes title to a property that is subject to this ordinance.

(m)

Property means any building, utility, parcel of land, or real property.

(n)

Substantial and ongoing construction activity means construction activity that will result in the property being in compliance with all provisions of the City Code, including the building code; conducted under and pursuant to a valid building permit, if a permit is required for the work; and that has received an inspection approval in accordance with the building code within 60 days of an inspection conducted under Section 10-314 of this code.

(o)

Unsafe means any property determined to be unsafe based on the criteria and definitions in the building code.

(Ord. No. 3605, § 1, 10-26-21)

It shall be unlawful for any person to permit any property to be neglected or derelict.

(Ord. No. 3605, § 1, 10-26-21)

(a)

Emergency abatement or corrective action. Whenever the building official determines that a violation of this code is an imminent hazard to life, health, property, or public welfare, the building official may order the owner to immediately abate or correct the condition causing the imminent hazard or may abate or correct the condition causing the imminent hazard. Buildings and structures determined to be unsafe may also be addressed using the provisions in the Uniform Code for the Abatement of Dangerous Buildings, if applicable. Within 20 days of abating the imminent hazard, the building official shall notify the owner:

(1)

That the city took an abatement or corrective action;

(2)

The fee of the abatement or corrective action; and

(3)

That under Section 10-312(d) of the City Code, the owner may appeal the building official's decisions and the fee for any abatement or corrective action the city took.

(b)

Notice of violation. Except as provided in subsection (a) of this section, whenever the building official finds that any owner has violated or is violating this code, or any rules and regulations established hereunder, the building official may issue a written notice to the owner stating the nature of the violation, the possible penalties, any required remedial action, and referring to the appeal process under Section 10-312(d).

(c)

Remedial plan.

(1)

Whenever the building official issues a notice of violation under subsection (b), the owner shall submit a written remedial plan, in a form acceptable to the city, within the time specified in the notice, which shall be no longer than 30 days. The remedial plan shall identify and include all work necessary to abate the violation and corresponding deadlines for completing each listed task. The remedial plan shall also contain a provision for addressing and correcting any new violations that are identified or arise during the remediation process.

(2)

A remedial plan for a historic property proposing to demolish or alter the exterior of a historic structure requires a written recommendation from TASHCO. Said recommendation is not binding, but shall be considered by the building official when reviewing the remedial plan.

(3)

Except for placement on the neglected and derelict building list in accordance with Section 10-314(b) and the requirements under Section 10-316, all further enforcement action under this code shall be stayed if the building official approves the remedial plan and the owner:

a.

Complies with the approved remedial plan;

b.

Complies with all property related provisions of the City Code with regard to that property; and

c.

Pays all fees and penalties related to or arising out of any violation of Section 10-311.

(4)

Determinations eligible for appeal.

a.

The following are ministerial acts or requirements that may be considered as part of an determination eligible for appeal, but are not a separate basis for filing an appeal:

1.

Placement on the neglected and derelict building list;

2.

Assessment of the neglected and derelict building fees; and

3.

The requirements to designate an agent and file a registration statement under Section 10-316.

b.

The owner may appeal the following:

1.

The notice of violation;

2.

The requirement to post no trespassing signs;

3.

The rejection of a remedial plan;

4.

The building official's determination that the owner has failed to comply with an approved remedial plan; and

5.

The building official's determination to order or take emergency abatement action.

(d)

Order to show cause; appeals.

(1)

The building official may order any owner of the neglected or derelict property to show cause before a hearing officer why the proposed enforcement action should not be taken:

a.

If the owner does not submit a remedial plan within the time period set forth in the notice; or

b.

If the owner submits a remedial plan within the prescribed time but the building official rejects it; or

c.

The owner does not comply with the approved remedial plan.

(2)

If the owner appeals the emergency abatement or corrective action taken under Section 10-312(a), the hearing officer shall conduct a hearing to review the building official's decisions and the fee for any abatement or corrective action the city took, based on the requirements of Section 10-312(a). The hearing officer shall issue a final order and determination in accordance with Section 10-312(i).

(3)

If the owner appeals the civil penalty imposed by the building official for failing to register the property in accordance with Section 10-316, the hearing officer shall conduct a hearing.

a.

The hearing officer shall consider:

1.

The building official's evaluation of the history of all City Code violations concerning the property for which the owner has been noticed;

2.

Whether the owner was negligent, the gravity of the violation, effect of the failure to register on enforcement action; and

3.

Whether the owner has demonstrated good faith in attempting to achieve rapid compliance after notification of a violation.

b.

When the property is lawfully used for commercial purposes, the hearing officer may also consider the effect of civil penalties on the property owner's ability to continue the business.

c.

The hearing officer shall issue a final order and determination in accordance with Section 10-312(i).

(4)

If the owner appeals the notice of violation, requirement to post signs, rejection of the remedial plan, or a determination that the owner has not complied with an approved remedial plan, the hearing officer may consolidate the hearing on the appeal and the show cause hearing and issue a decision determining all issues under this code raised at the hearing.

(5)

The owner shall submit a request for appeal within 14 days of the date of the notice or decision being appealed. The request for appeal shall be submitted in writing to the address specified in the notice or decision being appealed.

(e)

Notice of show cause hearing. Notice of show cause hearing shall be served on the owner specifying:

(1)

The time and place of a hearing regarding the violation;

(2)

The reasons the action is to be taken; and

(3)

The proposed enforcement action.

The notice shall direct the owner to show cause, why the proposed enforcement action should not be taken. If the hearing officer consolidates the show cause hearing and an appeal, the notice shall indicate that the hearings have been consolidated.

(f)

Service of notices.

(1)

A notice of violation, placement on the neglected and derelict building list under Section 10-314(b), and the show cause hearing shall be served upon the owner and the occupant of the real property, if different from the owner, by personal service. If diligent efforts to serve any notice personally is unsuccessful, it shall be deemed sufficient notice if written notice is mailed by first class mail to the owner of real property, as shown by the Adams County Assessor's Office, and to the occupant at the property address. For property owners who do not reside in Colorado, notice shall also be sent by certified mail. If notice is mailed, a copy of the notice shall also be posted in a conspicuous place on the premises that are subject to said notice. Notice may also be served by the methods provided in the Colorado Rules of Civil Procedure. Service of any of these notices by mail shall be addressed to the owner as shown in the records of the Adams County Assessor's Office. Any notice of violation or notice of show cause hearing shall be served at least ten days before the compliance date or the date of the hearing, whichever is relevant. No further notice shall be necessary.

(2)

A notice of violation and notice of placement on the neglected and derelict building list that is mailed in accordance with the above requirements is complete upon placement in the mail. A notice of the show cause hearing that is mailed in accordance with the above requirements is considered served on the date mailed unless it is returned as undeliverable. For purposes of this code, unclaimed or refused mail is not undeliverable.

(3)

If service of the notice of show cause hearing cannot be accomplished by any of the above methods, service may be made by posting it in a conspicuous place on the property and publishing it on the city's website in accordance with Section 2-1(a)(1) for at least ten days before the hearing.

(g)

Show cause hearing. The hearing shall be conducted in accordance with rules and regulations issued by the hearing officer. If the notice of show cause hearing has been served in compliance with Section 10-312(f), the hearing shall take place regardless of whether the owner appears.

(h)

Presumption. The owner has the burden of proving the correctness of its position by a preponderance of the evidence. All of the building official's determinations and findings are presumed to be correct until sufficient evidence is introduced that would support a contrary finding.

(i)

Determination/final order. The hearing officer shall:

(1)

Make a determination, which shall be reduced to a written final order and sent to the owner within 15 days of the hearing. The determination is reviewable under Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

a.

Each party may file a motion for correction to or clarification of the order, which shall be filed within seven days of the date the order is issued.

b.

Unless a motion for correction or clarification is timely filed, the time period to file an appeal under Rule 106(b) commences on the date the final order is issued. If a motion for clarification or correction is filed, that time period commences on the date the correction or clarification to the final order is issued.

(2)

Include in the final order:

a.

Findings of fact and a determination as to whether any violation has occurred and the required remedial action;

b.

Identification of any mitigating or aggravating circumstances;

c.

The amount of any civil penalty, fee, cost, or combination thereof assessed under Sections 10-312, 10-314, 10-315, and 10-316, and the costs of the hearing;

d.

A provision for addressing and correcting any new violations that are identified or arise during the remediation process; and

e.

A deadline for any required abatement action to be performed.

(j)

Service of the written determination and final order. The written determination and final order shall be sent to the owner by first class mail, postage prepaid, and via email, if the owner provides such contact information.

(k)

Civil penalties. The hearing officer may assess a civil penalty in accordance with Section 1-8 for each day the owner is found to have violated this code, any order issued by the authority of this code, any rules and regulations adopted by the building official, or permit issued for work related to an approved remedial plan. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(1)

In imposing any civil penalty for a violation of Section 10-311, the hearing officer may consider:

a.

The history of violations;

b.

Whether the owner was deliberate or negligent;

c.

Whether the neglected or derelict property is a historic property;

d.

The gravity of the violation; and

e.

The demonstrated good faith of the owner in attempting to achieve timely compliance after notification of a violation.

(2)

When the neglected or derelict property is lawfully used for commercial purposes, the hearing officer may also consider the effect of civil penalties on the owner's ability to continue the business.

(3)

Unless otherwise expressly stated in the final order, civil penalties assessed under this code are due and payable within thirty days of date of invoice, which shall be sent first-class mail, postage prepaid, to the address shown in the records of the Adams County Assessor's Office or the address the owner provides to the city, including under Section 10-316. If mail sent to either of these addresses is returned as undeliverable, the invoice may be sent to an address for the owner that the city discovers through its own efforts or to the owner's email address, when the owner provides such information to the city.

(l)

Judicial enforcement. In addition to all other remedies set forth in this code, the city may petition the district court for the issuance of a preliminary or permanent injunction, or both, restraining any person from continued violation of this code. In that action, the city may seek recovery of any unpaid civil penalties, abatement costs, and other fees and costs provided for in this code.

(m)

Posting of no trespassing signs and other warning signs. Upon or after issuing a notice of violation under Section 10-311, the city may, or may require the owner to, post a sign near each possible access point to the property prohibiting trespassing and warning the public of danger. If a sign is required to be posted under this code, the owner shall post the sign(s) within the time period required by the building official and shall provide written authorization to the city allowing the arrest of any trespassers.

(Ord. No. 3605, § 1, 10-26-21; Ord. No. 3613, § 1, 1-11-22)

If the owner has failed to abate a violation or comply with abatement deadlines in the hearing officer's final order or in an approved remedial plan, the city, an affected neighboring landowner, or any other person who has suffered damages due to the condition of the property and otherwise has legal standing to bring legal action, may commence an action in the district court pursuant to Rule 65 or 66 of the Colorado Rules of Civil Procedure for abatement under this code. These actions may request:

(a)

An injunction ordering the owner of property to take whatever action the court considers necessary or appropriate to abate the violation.

(b)

The court to appoint a receiver to exercise any of the powers listed below:

(1)

Take possession and control of the property, operate and manage the property, establish and collect rents and income, lease and rent the property, and evict tenants. An existing violation of the building code does not restrict the receiver's authority pursuant to this subsection.

(2)

Pay all expenses of operating and conserving the property including the cost of electricity, gas, water, sewerage, heating fuel, repairs and supplies, custodian services, taxes, assessments, and insurance premiums and to hire and pay reasonable compensation to a managing agent.

(3)

Pay pre-receivership mortgages and other liens and installments of pre-receivership mortgages and other liens.

(4)

Perform or enter into contracts for the performance of work and the furnishing of materials necessary to abate the violations and obtain financing for the abatement of violations.

(5)

Pursuant to court order, remove and dispose of personal property that is abandoned, stored, or otherwise located on the property, that creates a dangerous or unsafe condition, or that constitutes a violation of the building code or other City Code requirements.

(6)

Enter into agreements and take actions necessary to maintain and preserve the property and to comply with the building code and other City Code requirements.

(7)

Give the custody of the property and the opportunity to abate the violation and operate the property to the owner or to a mortgagee or lienholder of record.

(8)

Issue notes or receiver's certificates and secure the same by deeds of trust on the property on terms, conditions, and at interest rates all as approved by the court.

(9)

Obtain mortgage insurance for a receiver's mortgage.

(10)

Any other action that the court considers appropriate.

(c)

That all costs, including the costs of the receivership, expenses, penalties, and all fees, be assessed against the owner and made a lien against the property, taking precedence over and being superior to all other liens of record except liens for general taxes and special assessments.

(d)

That, at the request of the party that applied for the receivership, the court discharge the receiver.

(e)

That if repair and rehabilitation of the property are not found to be feasible, upon the written request of all known interested persons who have appeared in the action, to have the property or portions of the property demolished, the court order the demolition of all or part of the property. The court may require the receiver to determine the cost of demolition of the property or the portions of the property that constitute the violation, and after court approval, the receiver shall arrange for demolition in accordance with state laws, the City Code, including the building code and any historic preservation requirements, and any permit issued under these authorities. However, demolition shall not be ordered unless the requesting persons have guaranteed or underwritten the costs of demolition, have paid the costs of the receivership, and have paid all notes and mortgages of the receivership. Nothing in this code or a court order arising out of a court action authorized under this section limits the city's right to demolish any property that the city is authorized to demolish pursuant to the provisions of the building code.

(f)

Nothing in this code limits or prohibits the city from exercising or using other remedies or procedures to enforce this code, the building code, or other provisions of the City Code.

(Ord. No. 3605, § 1, 10-26-21)

(a)

Inspection. Whenever the building official has reason to believe that a property is neglected or derelict, as defined in this code, the building official may inspect the property to determine if it complies with this code and all other applicable laws and codes, including rules and regulations pursuant to them. If, after inspection, the building official finds that a property is neglected or derelict, the building official may issue a written notice of violation and proceed under Section 10-312 of this code.

(b)

Neglected and derelict building list. If the building official issues a notice of violation pursuant to Section 10-312(b), the property shall be placed on the neglected and derelict building list maintained by the building official. The building official shall issue a notice of placement on the neglected and derelict building list to the owner. The notice shall include:

(1)

The property's address and a legal description of the property;

(2)

A concise statement as to the basis of the building official's determination; and

(3)

A brief explanation about assessment of fees under this section.

(c)

Quarterly inspection. The building official shall conduct, at a minimum, quarterly inspections of neglected or derelict properties to ensure compliance with applicable codes.

(d)

Compliance. When all violations of this code have been abated and a neglected or derelict property has been legally reoccupied, or when the building has been demolished and the lot cleared in accordance with provisions of this code, the property shall be removed from the neglected and derelict building list.

(e)

Assessment of fees.

(1)

The neglected and derelict building list fee shall not be assessed against the owner so long as the owner meets all of the requirements below. Upon failure to meet any of the three conditions below, however, a nonrefundable annual fee, as established by resolution of the city council, shall be assessed against the owner. The initial fee shall be assessed upon failure to:

a.

Submit an approvable remedial plan in accordance with Section 10-312(c) or failure to comply with any of the deadlines set forth in an approved remedial plan;

b.

Comply with any property related provision of the City Code; or

c.

Pay all other fees and penalties related to or arising out of any violation of Section 10-311 within the prescribed time period.

(2)

Once the fee has been assessed, for each subsequent 12-month period or part thereof that the property remains on the neglected and derelict building list, the fee shall be assessed on the anniversary date of the initial assessment. The fee shall be due and payable 30 days from the date of the invoice unless it is paid in quarterly installments. For quarterly payments, the first payment shall be due and payable 30 days from the date of the invoice and the remaining payments are due and payable on a quarterly basis calculated from the date of the initial assessment. If any annual or quarterly payment is more than 30 days past due, a late fee shall be assessed, in an amount established by resolution of the city council.

(Ord. No. 3605, § 1, 10-26-21; Ord. No. 3613, § 1, 1-11-22)

(a)

The civil penalties provided for in Sections 10-312, 10-314, and 10-316 are cumulative as are the assessment of any costs and fees under this code. Failure to pay any civil penalty, cost, or fee, including the interest thereon, assessed under this code within 30 days of the date of the invoice is unlawful. If a civil penalty, cost, or fee, including the interest thereon, is not paid in accordance with this code within 30 days of the date of the invoice, without limiting any other remedy the city has at law or in equity, the city may:

(1)

Send the matter to collection; and

(2)

File for injunctive relief in district court under section 10-312 of this code.

(b)

Additionally, if an owner fails to pay the civil penalty, costs, or fee, including the interest thereon, within the specified 30-day period, the assessment shall become a lien on the property. The lien perfects automatically and has priority over all other liens except general taxes and prior special assessments.

(c)

If an assessment of a civil penalty, cost, or fee, including the interest thereon, converts into a lien, the building official is responsible for collecting the assessment, together with any costs associated with the assessment process.

(d)

Until a civil penalty, cost, or fee, including interest thereon, assessed under this code that is not pending appeal has been paid in full, the city shall not issue or renew any license or permit to the owner.

(e)

Failure to pay any outstanding civil penalty, cost, or fee, including interest thereon, assessed under this code that is not pending appeal is grounds for suspension or revocation of any license issued by the city until fully paid.

(Ord. No. 3605, § 1, 10-26-21)

(a)

Any owner to whom a notice of violation has been issued under this code shall designate an individual meeting the qualifications in Section 10-316(a)(2) to accept all forms of service for any notice, order, citation, summons, complaint, and all other documents relating to or arising out of enforcement of this code for violations concerning the property cited under this code, and to accept service of process in any civil action in which the owner is alleged to be liable based upon ownership of the property or upon transactions related to rental of it. The owner shall file a registration statement on a form acceptable to the city within 30 days of service of a notice of violation.

(1)

The registration statement shall include:

a.

A description of the property by street address and parcel number, in such a manner as to enable the building official to locate it;

b.

The name and current address of the owner of record, and if the owner is a business entity, the statement shall also contain the name and address of its registered agent; and

c.

The name and business address of the agent designated to accept service for the matters in Section 10-316(a).

(2)

The agent designated shall be a natural person 18 years of age or older who is customarily present in an office located within 50 miles of the property for the purpose of transacting business, or whose primary residence is within the city.

(b)

Penalties:

(1)

Any owner who fails to designate an agent to accept service or who fails to file a registration statement as required by this section is subject to a separate civil penalty of not more than $500.00 per day for each day the owner has failed to designate an agent or remains unregistered, up to a maximum total of $15,000.00. If the owner is in compliance with the registration requirements at the time of the initial hearing pursuant to this section, and it is the first time that the owner has failed to comply with this section, this penalty shall not exceed $500.00.

(2)

In assessing the civil penalty, the building official may consider the history of all City Code violations concerning the property for which the owner has been noticed, whether the owner was negligent, the gravity of the violation, effect of the failure to register on enforcement action, and whether the owner has demonstrated good faith in attempting to achieve rapid compliance after notification of a violation. Additionally, when the property is lawfully used for commercial purposes, the building official may consider the effect of civil penalties on the property owner's ability to continue the business. The assessment of the civil penalty may be appealed under Section 10-312(d).

(c)

The owner shall notify the building official of any change in the designated authorized agent or ownership no later than ten days after the change.

(d)

The registration of owners filed with the building official under this section is confidential, subject to the provisions of the Colorado Open Records Act.

(Ord. No. 3605, § 1, 10-26-21; Ord. No. 3613, § 1, 1-11-22)