(a)

Intent and Findings: The intent of this chapter is to adopt by reference and with modifications the International Building Code, 2021 Edition; the International Residential Code, 2021 Edition; the National Electrical Code, as adopted by the State of Colorado State Electrical Board; the Colorado Plumbing Code as adopted by the Colorado State Plumbing Board; the International Mechanical Code, 2021 Edition; the Colorado Fuel Gas Code as adopted by the Colorado State Plumbing Board; the International Energy Conservation Code, 2021 Edition; the International Swimming Pool and Spa Code, 2021 Edition; and the International Existing Building Code, 2021 Edition.

Hereinafter, all such codes may be referred to as "Building Codes." The City Council finds that the adoption of such Codes is essential in the preservation of the health, safety, and welfare of the citizens of Westminster.

(b)

Adoption of Building Codes: The following documents, one copy each of which is on file in the Office of the City Clerk, being marked and designated as stated, are hereby referred to, adopted, and made a part hereof as if fully set forth in this codification with, however, the amendments indicated in the following sections of this chapter.

(1)

International Building Code. The "International Building Code, 2021 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 35 inclusive is hereby adopted as the Building Code of and for the City. The International Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures unless regulated under the provisions of the International Residential Code.

(2)

International Residential Code. The "International Residential Code, 2021 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 44 are hereby adopted as the Residential Building Code of and for the City. The International Residential Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of detached one- and two-family dwellings and townhouses not more than three stories in height with a separate means of egress.

(3)

National Electrical Code. The "National Electrical Code," sponsored by the National Fire Protection Association, Quincy, Massachusetts, as adopted by the State of Colorado State Electrical Board and as may be amended from time to time, is hereby adopted as the Electrical Code of and for the City.

(4)

International Plumbing Code. Pursuant to Part 2 of Article 16 of Title 31, C.R.S., there is adopted as the plumbing code of and for the City, by reference thereto, the Colorado Plumbing Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Plumbing Code, 2021 edition is hereby adopted as the Plumbing Code of and for the City. The International Plumbing Code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems and regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems.

(5)

International Mechanical Code. The "International Mechanical Code, 2021 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 15 inclusive is hereby adopted as the Mechanical Code of and for the City. The International Mechanical Code shall regulate the design, installation, maintenance, alteration, and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings.

(6)

International Fuel Gas Code. Pursuant to Part 2 of Article 16 of Title 31, C.R.S., there is adopted as the fuel gas code of and for the City, by reference thereto, the Colorado Fuel Gas Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Fuel Gas Code, the 2021 Edition is hereby adopted as the Fuel Gas Code of and for the City. The International Fuel Gas Code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories. This code covers piping systems for natural gas with an operating pressure of 125 psig or less and for LP-gas systems with an operating pressure of 20 psig or less.

(7)

International Energy Conservation Code. The "International Energy Conservation Code, 2021 Edition," published by the International Code Council, Inc., and in particular Commercial Provisions Chapters 2 through 6 inclusive and Residential Provisions Chapters 2 through 6 inclusive are hereby adopted as the Energy Code of and for the City. The International Energy Conservation Code shall regulate the design and construction of buildings for the use and conservation of energy over the life of each building.

(8)

International Swimming Pool and Spa Code. The "International Swimming Pool and Spa Code, 2021 Edition," published by the International Code Council, Inc., and in particular Chapters 2, 3, and 11 inclusive, is hereby adopted as the International Swimming Pool and Spa Code of and for the City. The International Swimming Pool and Spa Code shall apply to the construction, alteration, repair and maintenance of Aquatic recreation facilities, pools and spas that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing, or wading.

(9)

International Existing Building Code. The "International Existing Building Code, 2021 Edition," published by the International Code Council, Inc., and in particular Chapters 2 through 16 inclusive is hereby adopted as the Existing Building Code of and for the City. The International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 1, 3-25-2024)

(A)

Purpose and Scope:

(1)

Purpose. The purpose of the Building Codes is to provide minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

(2)

The provisions of the Building Codes shall apply to the construction, installation, alteration, moving, enlargement, replacement, abatement, demolition, repair, use, occupancy, location or maintenance of any building or structure or part thereof; electrical system; plumbing system; heating, ventilating, cooling, and refrigeration system, incinerator or other miscellaneous heat-producing appliance; swimming pool, spa, or hot tub; elevator, escalator, or moving walk; or fire protection system; or the design and construction of buildings for effective use of energy within the City, except structures and equipment specifically exempted or not specifically regulated by this chapter or the Building Codes.

(3)

Whenever in the Building Codes reference is made to an appendix, the provisions of such appendix shall not apply unless specifically adopted.

(4)

The codes and standards referenced in the Building Codes shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of the Building Codes and the referenced codes and standards, the provisions of the Building Codes shall apply.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufactures installations shall apply.

(B)

Applicability:

(1)

Where, in any specific case, different sections of the Building Codes specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.

(2)

Other laws. The provisions of the Building Codes shall not be deemed to nullify any provision of local, state or federal law.

(3)

The Building Codes adopted by reference in this chapter do not include "administrative" provisions. Whenever an administrative provision is referred to in a Building Code, the respective provision in the Westminster Municipal Code shall apply.

(4)

Partial invalidity. In the event any part or provision of the Building Codes is held to be illegal or void, this shall not have the effect of making void or illegal ay of the other parts or provisions.

(5)

Provisions in referenced code and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of the Building Codes, the provisions of the Building Codes, as applicable, shall take precedence over the provisions in the referenced code or standard.

(6)

Conflicts with other adopted codes. Where a conflict arises between any adopted Codes and/or Fire Code, the more stringent application of the respective codes shall apply.

Exception. When any provision from the respective codes is agreed upon by the Chief Building Official and the Fire Code Official as being applicable and acceptable.

(C)

Existing Structures:

(1)

Existing structures. Shall be administered per the International Existing Building Code.

(2)

Maintenance. All equipment, systems, materials and appurtenances, both new and existing, and all parts thereof, shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by the Building Codes shall be maintained in compliance with the code edition under which they were constructed or installed.

(3)

Moved buildings. Buildings or structures moved into or within the City shall comply with the provisions of this Code for new installations.

(D)

Duties and Powers of Building Official:

(1)

General. The building official is authorized to enforce all the provisions of this chapter and the Building Codes. For such purposes, he and those persons to whom enforcement authority is delegated shall be deemed a peace officer. The Building Official shall have the power to render interpretations of the Building Codes and to adopt policies and procedures, as he may deem necessary in order to clarify the application of the provisions of the Building Codes. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the Building Codes. The Building Official may delegate certain duties for the administration and authority to enforce the Building Codes to qualified officers, inspectors, and other qualified employees authorized by the City Council.

(2)

Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of the Building Codes, or whenever the Building Official or his authorized representative has probable 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 Codes which makes the building or premises unsafe, dangerous, or hazardous, the Building Official or authorized representative may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this Code, provided that if such building is occupied, he shall first present his credentials to the occupant and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner, the owner's authorized agent, or other person having charge or control of the building or premises and request entry. If the owner or occupant cannot be located after a reasonable effort, a notice of intent to inspect shall be posted on the premises. The notice shall state that the property owner has the right to refuse entry and that, in the event such entry is refused, inspection may be made upon issuance of a search warrant by the Municipal Judge of the City.

(a)

After entry is refused or 24 hours after the building has been posted, the Building Official may appear before the Municipal Judge and, upon showing of probable cause, shall obtain a search warrant entitling him to enter upon the premises. Upon presentation of the search warrant and proper credentials, or possession of same in the case of unoccupied premises, the Building Official may enter upon the premises using such reasonable force as may be necessary to gain entry.

(b)

For purposes of this Subsection (D), "probable cause" exists where the facts and circumstances within the Building Official's knowledge are sufficient to warrant a person of reasonable caution in the belief that there exists a condition or violation of the Building Codes which makes the building or premises unsafe, dangerous, or hazardous to life or property. The Building Official shall not be required to demonstrate specific knowledge of the conditions of the particular premises in issue to obtain a search warrant.

(c)

It is unlawful for any owner or occupant of the premises to resist reasonable force used by the Building Official acting pursuant to this Subsection (D).

(3)

Stop orders. Whenever any work is being done in violation of the provisions of the Building Code or other ordinances implemented through the enforcement of this Code or in a dangerous or unsafe manner, the Building Official may order the work stopped by issuing a notice in writing and serving it upon any persons engaged in doing such work or causing such work to be done. Upon receipt of the notice, such persons shall stop work until authorized by the Building Official to proceed with the work. It is unlawful to continue any work after receipt of a notice to stop work except such work as directed to remove a violation or unsafe condition. Each day that work is continued after receipt of a notice shall constitute a separate violation of this Code.

(4)

Connection of service utilities. No person shall make connections from an energy, fuel, or power supply to any building or system that is regulated by the Building Codes until approved by the Building Official.

(5)

Authority to disconnect utilities in emergencies. In the case of an emergency, where it is necessary to eliminate an immediate hazard to life or property, or when a utility connection has been made without required approval, the Building Official or his authorized representative shall have the authority to cause the disconnection of fuel-gas utility service or energy supplies to a building, structure, premises, or equipment regulated by the Building Code. The Building Official shall, whenever possible, notify the serving utility, the owner, and the occupant of the building, structure, or premises of the decision to disconnect prior to taking such action.

(a)

It is unlawful to make connections from any energy, fuel, or power supply which has been disconnected or to supply energy or fuel to any equipment regulated by the Building Codes which has been disconnected, ordered to be disconnected, or the use of which has been ordered to be disconnected by the Building Official. Each day that such unlawful connection or supply continues shall be considered a separate violation of this Code.

(6)

Alternate materials and methods of construction.

(a)

General. The provisions of the Building Codes are not intended to prevent the use of any material, method of construction or design not specifically prescribed by the Building Codes, provided any alternate material, method or design has been approved and its use authorized by the Building Official. The Building Official may approve an alternate material, method or design, provided he finds that the proposed design is satisfactory and complies with the intent of the provisions of the Building Codes and that the material, method, or work offered, is, for the purpose intended, not less than the equivalent of that prescribed in the Building Codes for suitability, strength, effectiveness, fire resistance, durability, safety, energy efficiency and sanitation. The Building Official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding the use of an alternate material or method. Any decision denying the use of an alternate material or method of construction shall be documented by the Building Official and shall include the reasons therefor.

(b)

Tests. Where there is insufficient evidence of compliance with the provisions of the Building Codes regarding the use of an alternate material or method of construction, or evidence that a proposed material or method of construction does not conform to the requirements of the Building Codes, the Building Official may require that tests be made at the expense of the proponent of the questioned material or method of construction.

(i)

Test methods shall be as specified by the Building Official or by other recognized test standards. In the absence of recognized and accepted test methods of the proposed alternate material or method of construction, the Building Official shall determine which test procedures are appropriate.

(ii)

All tests shall be made by an approved agency. Reports of such tests shall be retained by the Building Official.

(7)

Modifications. Where there are practical difficulties involved in complying with the provisions of the Building Codes, the Building Official shall have the authority to grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of the Building Codes impractical; that the modification is consistent with the intent and purpose of this Code; and that such modification does not lessen health, life, fire safety, accessibility, energy efficiency or structural requirements. The details of action granting a modification shall be documented by the Building Official and shall include the reasons therefor.

(E)

Unsafe Buildings, Structures and Equipment:

(1)

Unsafe buildings, structures, and equipment. Any building, structure, or equipment which is structurally unsafe, unsanitary, not provided with adequate egress, not provided with adequate light and ventilation, or which constitutes a fire or health hazard or is otherwise dangerous to human life, health, property, or the public welfare, or which involve illegal or improper occupancy is deemed unsafe.

(a)

Any building or structure which has any or all of the conditions or defects herein described shall be deemed to be a unsafe building, provided that such condition or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered.

(i)

Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of egress in case of fire or panic.

(ii)

Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress in case of fire or panic.

(iii)

Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location.

(iv)

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.

(v)

Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(vi)

Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location for such buildings.

(vii)

Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(viii)

Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building, (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

(ix)

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(x)

Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

(xi)

Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(xii)

Whenever the building or structure has been so damaged by fire, wind, earthquake, neglect or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts.

(xiii)

Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Rental Housing Maintenance Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.

(xiv)

Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.

(xv)

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

(xvi)

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

(xvii)

Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(xviii)

Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure.

(xix)

A vacant structure that is not secured against entry shall be deemed unsafe.

(xx)

Whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(b)

In addition to the above unsafe conditions, any use of buildings, structures, or equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary, and other appendages or structural members which are supported by, attached to, or part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the Building Code are deemed unsafe building appendages.

(2)

Abatement of unsafe buildings. All buildings or portions thereof which are determined after inspection by the Building Official to be unsafe as defined in this section are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in this section, including any necessary steps to secure the building from public access by fencing or similar barrier.

(a)

Any building declared an unsafe building shall be made to comply with one of the following:

(i)

The building shall be repaired in accordance with the current Building Code or other current code applicable to the type of substandard conditions requiring repair, including any necessary steps to secure the building from public access by fencing or similar barrier. If requested, the owner shall, at the owner's expense, provide to the Building Official a remedial plan for the corrective work and information necessary to determine whether the remedial work can be completed within the time stated in the order; or

(ii)

The building shall be demolished.

(b)

If the building is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public and its occupants, it shall be ordered to be vacated and the Building Official may take all actions necessary to summarily abate the dangerous or unsafe condition pursuant to Title VIII, Chapter 4 of the Westminster Municipal Code.

(c)

Any occupied structure deemed unsafe and placarded by the Building Official shall be vacated as ordered by the Building Official.

(d)

If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the Building Official is authorized to post the property as unsafe and order the structure secured from any potential public access so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to so secure the premises within the time specified in the order, the Building Official shall cause the premises to be abated pursuant to Title VIII, Chapter 4, of the Westminster Municipal Code.

(i)

The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The Building 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)

Any structure which, in the Building Official's judgment, is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure; or where there has been a cessation of normal construction of any structure for a period of more than two years, the Building Official may pursue abatement in accordance with Title VIII, Chapter 4 of the Westminster Municipal Code, to obtain an order from the Municipal Court to compel the owner or owner's authorized agent to complete the construction within a specified and reasonable period of time, or an order to compel the owner or owner's authorized agent to demolish and remove such structure.

(3)

Summary abatement; Notice to Abate; Action to Abate an Unsafe Building. When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is unsafe, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.

(a)

Summary abatement. When an unsafe building and nuisance exists that presents imminent danger of serious injury to persons or property, the Building Official can take summary abatement action pursuant to Section 8-4-4 (A).

(b)

Notice to Abate. When an unsafe building or nuisance does not require summary abatement, the Building Official shall issue a Notice to Abate directed to the record owner of the building in accordance with Section 8-4-4 (B), W.M.C. The Notice to Abate shall contain:

(i)

The street address and legal description of the property that the unsafe building is located.

(ii)

A statement that the Building Official has found the building to be unsafe with a brief and concise description of the conditions found to deem the building unsafe under the provisions of this section.

(iii)

A statement of action required to be taken and the time period allowed for such action.

(iv)

A statement advising that if action is not taken within the time specified, an action may be brought in Municipal Court to abate the nuisance and that the costs of abatement may be assessed against the person found by the court to have caused, allowed to be caused or allowed to continue the unsafe building and public nuisance, and such costs may become a lien upon the property on which the abatement was performed.

(c)

Municipal Court Summons and Enforcement of Orders. When the unsafe building and nuisance has not been voluntarily abated within the time specified in the Notice to Abate, the Building Official may bring action in Municipal Court pursuant to Section 8-4-4 (C).

(d)

Costs. The costs of work may be collected pursuant to the provisions of Section 8-4-5 of the Westminster Municipal Code.

(F)

Compliance with Building Codes:

(1)

Violation. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure; electrical system; plumbing system; heating, ventilating, cooling, or refrigeration system; incinerator or other miscellaneous heat-producing appliance; swimming pool, spa, or hot tub; elevator, escalator, or moving walk; or fire protection system, or equipment regulated by the Building Codes in the City, or cause or permit the same to be done in violation of any of the provisions of the Building Codes.

(2)

Nuisance. It is a public nuisance to use a building, structure, or equipment in violation of the Building Codes. This condition may be abated pursuant to the provisions of Chapter 4 of Title VIII of this Code.

(3)

Penalties. Any person in violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine or imprisonment for each violation as set forth in Section 1 of Chapter 8 of Title I of this Code. Any violation of the provisions of this chapter shall be a criminal offense.

(4)

Notice of violation. Prior to causing a summons to be issued for a violation of the provisions of this chapter, the Building Official may, at his discretion, issue a written notice to the person found in violation, describing the violation and ordering the person to correct or remedy the violation within a stated period of time.

(G)

Building and Fire Code Appeals Committee:

(1)

Appeals. Appeals of orders, decisions, or determinations made by the Building Official or Fire Chief regarding the application or interpretation of the Building and Fire Codes, and amendments thereto, shall be made to the Building and Fire Code Appeals Committee pursuant to Chapter 10 of Title II of this Code. No such appeal shall be heard by the Building and Fire Code Appeals Committee unless the appeal is filed within 30 calendar days after the date of the action of the Building Official or Fire Chief.

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4209, § 1, 8-28-2023)

(A)

Permits Required:

(1)

General. No person shall construct, install, enlarge, alter, repair, move, improve, remove, replace, convert, demolish, equip, or change the occupancy of any building or structure; electrical system; plumbing system; heating, ventilating, cooling, or refrigeration system; gas system, incinerator or other miscellaneous heat-producing appliance; swimming pool, spa or hot tub; fire protection system, or other work regulated by this Code, or portion thereof, in the City, or cause the same to be done without first obtaining a building permit for all such work from the Building Official, except as follows:

(a)

A public utility, duly franchised or authorized as such in the City, shall not be required to obtain a permit prior to performing emergency maintenance or repairs on its equipment, building, or structure, when necessary to sustain service or protect life or property; provided, however, that the public utility shall obtain a permit for the work as soon as it is practical to do so.

(b)

Public utilities, duly franchised or authorized as such in the City, shall not be required to obtain a permit for the installation, alteration or repair of generation, transmission, or distribution equipment that is under the ownership and control of the public utility.

(2)

Exempt work. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of this Code or any other laws or ordinances of the City. A building permit shall not be required for the following:

Building:

(a)

One-story detached accessory buildings or structures used as tool and storage sheds, playhouses, gazebos, pergolas, and similar uses, provided that the floor area does not exceed 120 square feet.

(b)

Retaining walls that are not over three feet in height measured when measured from the grade level on the low side to the top of wall, unless supporting a surcharge of earth; a structure; or impounding Class I, II, or IIIA flammable liquids.

(c)

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

(d)

Sidewalks, driveways, or similar at grade concrete flatwork to include non-structural concrete slab on grades.

(e)

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

(f)

Prefabricated swimming pools or portable wading pools; constructed of flexible plastic, rubber, or similar materials that are less than 24 inches deep.

(g)

Swings and other playground equipment.

(h)

Window awnings supported by an exterior wall of any structure regulated by the International Residential Code or accessory thereto, that do not project more than 54 inches from the exterior wall and do not require additional support.

(i)

Platforms, patios, or decks associated with Group R occupancies not more than 30 inches above grade at any point and not over any basement or story below or do not serve the exit door or are not part of an accessible route.

(j)

Oil derricks.

(k)

Non-fixed and moveable fixtures, cases, racks, counters, and partitions not over five feet nine inches in height.

(l)

Temporary motion picture, television, and theater sets and scenery, except that, the Fire Code provisions shall apply.

(m)

Agricultural buildings as defined in Appendix Chapter C of the International Building Code.

(n)

Fences not over 30 inches high.

(o)

Elevators, escalators, or moving walks.

(p)

The replacement of windows and doors that do not require the enlarging or structural modification of the exterior wall. Windows that are required to provide emergency escape and rescue openings are required to comply with the International Existing Building Code.

(q)

Residential gutter installation or replacement.

Mechanical, electrical, and gas:

(a)

Portable heating, ventilating, and cooling appliances or equipment; unit refrigeration systems, cooking, or clothes drying equipment; and the replacement of any component part or assembly of an appliance or equipment so long as the appliance or equipment continues to comply with other applicable requirements of this Code.

Electrical:

(a)

Listed cord-and-plug connected temporary decorative lighting.

(b)

Reinstallation of attachment plug receptacles but not the outlets therefor.

(c)

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

(d)

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

(e)

Repair of broken or defective electrical receptacles, switches, or lamps.

(f)

Connection of approved portable electrical equipment to approved permanently installed receptacles.

Gas:

(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.

Mechanical:

(a)

Portable heating appliances.

(b)

Portable ventilation appliances.

(c)

Portable cooling units.

(d)

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

(e)

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

(f)

Portable evaporative coolers.

(g)

Self-contained refrigeration systems containing ten pounds (4.54 kg) or less of refrigerant or that are 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.

Plumbing:

(a)

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

(b)

The clearing of stoppages or the repairing of leaks in pipes, valves or fixture drains, and the removal and reinstallation of water closets, provided such maintenance or repair does not involve or require the replacement or rearrangement of valves, pipes, or fixtures.

(3)

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 at approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting away 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, electrical wiring or mechanical or work affecting public health or general safety.

(4)

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

(B)

Contractor Registration/License Required:

(1)

Contractor registration required. Only persons, firms, or corporations holding a current City contractor's registration, issued pursuant to Chapter 5 of Title V of the City's Municipal Code may obtain a building permit, except as follows:

(a)

Any person who intends to build and occupy a single family detached home, or a building or structure accessory thereto, may apply for a building permit without a City contractor's registration certificate provided, however, that only one such permit for a detached single family home may be issued in any calendar year. The person must intend on occupying the home for a minimum of 12 months after construction is complete.

(b)

Homeowners shall not be required to obtain a City contractor's registration certificate for the purposes of remodeling, enlarging, altering, repairing, or in any other way improving any building regulated by the International Residential Code, or accessory thereto. Homeowners are defined as the property owners that currently reside at, or plan to reside at, the property for a minimum of 12 months after the work is complete.

(2)

License required. The State of Colorado laws applicable to licensing of electricians and plumbers shall apply within the City.

(C)

Application for Permit:

(1)

Application. To obtain a permit, the applicant shall file an application therefor electronically or in writing on a form furnished by the Building Official for that purpose. Each application shall:

(a)

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

(b)

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

(c)

Fully describe the use or occupancy for which the proposed work is intended. For non-residential uses, state the name of the user and describe the nature of the use or business.

(d)

Include plans, diagrams, computations, specifications, and other data as required in subsection (C)(2) of this section.

(e)

State the valuation of the proposed work.

(f)

Give such other data and information as may be required by the Building Official.

(2)

Plans and specifications:

(a)

Plans, engineering calculations, diagrams, and other data shall be submitted in accordance with the City's submittal requirements with each application for a permit. The construction documents shall be prepared by an architect or engineer licensed by the State of Colorado when required by section 11-9-3(C)(3). Where special conditions exist, the building official is authorized to require additional construction documents to be prepared. The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Code.

(b)

Means of egress. 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 this Code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

(c)

Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction and existing structures on the site and distances from lot lines. 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 where the application for permit is for alteration or repair or where otherwise warranted.

(3)

Design professional.

(a)

All proposed erection, construction, reconstruction, alteration, or remodeling shall be prepared by and bear the seal of an architect or engineer licensed by the State of Colorado unless exempted in this section. When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that the State law does not require that the plans be prepared by a licensed architect or engineer. The Building Official may require plans, computations and specifications to be prepared and designed by an architect or engineer licensed by the state to practice as such even if not required by state law or exempted below.

(b)

An architect's or engineer's design and stamp shall be required on plans, engineering calculations, diagrams, and other data on the following types of projects:

(i)

Smoke control systems.

(ii)

Foundation designs for all buildings or structures excluding accessory structures to buildings regulated by the International Residential Code.

(iii)

Retaining walls over three feet in height when measured from the grade level on the low side to the top of the wall.

(iv)

Buildings or structures that exceed the prescriptive limitations of section R301 of the IRC.

(c)

The architect or engineer 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.

(d)

Exemptions. Any applicant may prepare plans, calculations, and specifications for construction, alterations, remodeling, additions to, or repair of any of the following:

(i)

One, two, three, and four unit family dwellings, including accessory buildings commonly associated with such dwellings as long as the construction does not exceed the prescriptive limitations of the code.

(ii)

Garages; industrial buildings; offices; farm buildings and buildings for the marketing, storage, or processing of farm products; and warehouses, which do not exceed one story in height, exclusive of a one-story basement, and which under the provisions of this Code are not designed for occupancy by more than ten people.

(iii)

Additions, alterations, or repairs to the foregoing buildings which do not cause the completed buildings to exceed the applicable limitations set forth in this subsection.

(iv)

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

(4)

Structural observation. When special inspection and/or structural observation is required by Chapter 17 of the International Building Code, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work that require special inspection and the name or names of the individuals and firms who are to perform the special inspections, and indicate the duties of the special inspectors. The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work.

(5)

Information on construction documents. Construction documents shall be dimensioned and drawn to scale upon substantial paper. Electronic media documents are permitted to be submitted when approved by the Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed, and shall show in detail that it will conform to the provisions of the Building Codes and all relevant laws, ordinances, rules, and regulations, as determined by the Building Official.

(a)

For buildings and structures utilizing braced wall design, and where required by the building official, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided.

(6)

Expiration of permit applications or plan review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation unless such application has been pursued in good faith, and the plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for periods not exceeding 180 days upon written request by the applicant, showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(D)

Permit Issuance:

(1)

Issuance.

(a)

The application, plans, specifications, computations, and other data submitted by the applicant for a permit shall be reviewed by the Building Official. Such plans may be reviewed by other City departments to substantiate compliance with any applicable laws under their control. If the Building Official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of the Building Codes and other pertinent laws, and that all applicable fees have been paid, a building permit shall be issued to the applicant.

(b)

When the Building Official issues a permit for which plans are required, the plans shall be approved in writing or by stamp that states "Reviewed for Code Compliance". The approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official, and all work regulated by this Code shall be done in accordance with the approved plans. A set of approved construction drawings shall be kept at the construction site and shall be available for review.

(c)

The Building Official may issue a permit for the construction of part of a building and structure before all of the plans and specifications for the entire building or structure have been submitted or approved provided that adequate information verifying compliance with all pertinent requirements of the Building Codes and other pertinent laws, and that all applicable fees have been paid, a building permit may be issued to the applicant for that portion of the building or structure. A permit issued based on partial plan approval will be restricted to the portion of the work that has been reviewed and approved and the holder of such permit shall proceed at his own risk without assurance that the permit for the entire building or structure will be granted.

(2)

Retention of plans. One set of approved plans, specifications, and computations shall be retained by the Building Official for a period of not less than 90 days from the date of completion of the work covered therein, and one set of approved plans shall be returned to the applicant and shall be kept on the job site at all times during which work is in progress.

(3)

Validity of permit. The issuance of a permit or approval of plans, specifications, and computations shall not be construed to be a permit for or an approval of any violation of any of the provisions of the Building Codes or other ordinances of the City. Permits presuming to give authority to violate or cancel the provisions of the Building Codes or other ordinances of the City shall not be valid. The issuance of a permit based upon plans, specifications, and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications, and other data, or from ordering the work being carried on to be stopped when in violation of the Building Codes or other ordinances of the City. The building official is also authorized to prevent occupancy or use of a structure in violation of the building code or of any other ordinance of the City.

(4)

Expiration of permit.

(a)

Every permit issued by the Building Official under the provisions of the Building Codes shall expire if the building or work authorized by such permit is not commenced within 180 days from the date the permit was issued, or if the building or work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced. Before such work can be resumed, a new permit shall be obtained to do so, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes are to be made in the original plans and specifications for such work and, provided further, that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after the work authorized by such permit has been suspended or abandoned for more than one year, the permittee shall pay a new, full permit fee.

(b)

When a permittee is unable to commence work within the time required by this Subsection for good and satisfactory reasons, a permitted holding an unexpired permit may apply for an extension of the time in which he may commence work under that permit. The Building Official may extend the time for action by the permitted for a period not exceeding 180 days upon written request by the permitted showing that circumstances beyond the control of the permitted have prevented action from being taken.

(5)

Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of the Building Codes or any other ordinance or regulation of the City whenever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information supplied by the applicant.

(E)

Fees and Taxes:

(1)

General. A permit shall not be valid until the prescribed fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. Fees shall be assessed in accordance with the provisions of this subsection.

(a)

Building use tax shall be paid in accordance with the City's Municipal Code.

(b)

Park development fees shall be paid in accordance with the City's Municipal Code.

(c)

Water and sanitary sewer tap fees shall be paid in accordance with the City's Municipal Code.

(d)

School Land Dedication fees shall be paid in accordance with the City's Municipal Code.

(2)

Permit fees. A fee for each building permit shall be paid to the City as specified in the "Building Permit Fee Schedule" as adopted by Resolution of the City Council; except that, the City, the Counties of Adams and Jefferson, the State of Colorado, the United States Government, and all agencies and departments thereof, shall be exempt from payment of building permit fees for the construction or repair of buildings or structures owned wholly by such agencies and departments and devoted to governmental use.

Exception: The Building Official shall indefinitely waive the permit fees and use tax for the conversion of existing non-conforming solid fuel burning devices to gas, electric, EPA certified phase II, Colorado Phase III, or devices meeting the emission standard for solid fuel burning devices established under the State statutes and/or regulations promulgated by the Colorado Department of Public Health and Environment, as demonstrated by a test by an EPA accredited laboratory. This exemption shall be in effect for those devices purchased or installed on or after September 1, 1993.

(3)

Valuation. The applicant for a permit shall provide an estimated permit value at time of permit application. The valuation to be used in computing the permit and plan review fees shall be the total value of all construction work, including labor and materials, for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, conveyance systems, fire protection systems, and other permanent work or equipment. Use tax, permit fees, and the valuation of work covered by other permits shall be excluded from the valuation. 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 multiplied by a cost per square foot as established by the building official. The final determination of value or valuation shall be made by the Building Official.

(4)

Plan review fees. When plans or other data are required to be submitted by the building codes, a plan review fee shall be paid. Payment shall be at the time the plans and specifications are submitted for review if required by the Building Division. Said plan review fee shall be 65 percent of the building permit fee as shown in the "Building Permit Fee Schedule" as adopted by Resolution of the City Council. The plan review fees specified in this Subsection are separate fees from the permit fees and are in addition thereto. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate established in the "Building Permit Fee Schedule".

(5)

Work commenced without a permit. When work for which a permit is required by the Building Codes is commenced without first obtaining the required permit, the fee for any subsequently issued permit shall be double the prescribed permit fee as set forth in subsection (E)(2) of this section, but not less than $250.00 for the first such offense, triple the prescribed permit fee as set forth in subsection (E)(2) of this section, but not less than $500.00 for any subsequent offenses, and the possible revocation of the contractor's license for the third such offense. These provisions shall not apply to emergency work when it can be demonstrated to the satisfaction of the Building Official that such work was urgently necessary and that it was not practical to obtain a permit prior to the commencement of such work. In all such cases, a permit shall be submitted within the next working business day, and any unreasonable delay in obtaining such permit shall result in the assessment of fees as outlined above. Payment of such increased permit fee shall not relieve any persons from fully complying with the requirements of the building codes in the execution of the work nor from any other penalties prescribed herein.

(6)

Reinspection fees. Permit fees provide for customary inspections only. A reinspection fee may be assessed when the portion of work for which an inspection is scheduled is not complete or when corrections listed during a previous inspection have not been made. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which an inspection is requested, or for deviating from plans requiring the approval of the Building Official. This Subsection is not to be interpreted as requiring reinspection fees the first time work fails to comply with the requirements of the building codes but as a means of controlling the practice of calling for inspections before the work is ready for inspection or reinspection. In instances where a reinspection fee has been assessed, a reinspection fee as set forth in the "Building Permit Fee Schedule" as adopted by Resolution of the City Council shall be paid by the holder of the permit to the City of Westminster before any additional inspections or reinspections may be made.

(7)

Fee refunds. The Building Official may authorize fee refunds as follows:

(a)

The Building Official may authorize the refund of any fee which was erroneously paid or collected.

(b)

The Building Official may authorize the refund of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

(c)

The Building Official may authorize the refund of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plans are reviewed.

(d)

The Building Official shall not authorize the refund of any fee paid except upon receipt of a written request, by the original permitted, filed not later than 180 days after the date such fee was paid.

(Ord. No. 3908, § 1, 11-27-2017)

(A)

Inspection Procedures:

(1)

General.

(a)

All construction or work for which a permit is required shall be subject to inspection by the Building Official, and all such construction or work shall remain accessible and exposed for inspection until approved by the Building Official. In addition, certain types of construction shall have continuous inspection as specified in the Building Codes. It shall be the duty of the permitted to cause the work to remain accessible and exposed for inspection. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material to allow inspection.

(b)

Approval as a result of inspection shall not be construed to be an approval of a violation of the provisions of the building code or other ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of the Building Codes shall not be valid.

(c)

A survey of the lot may be required by the Building Official, at the permittee's expense, to verify that the structure is located in accordance with the approved plans.

(d)

Before issuing a permit, the Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

(2)

Inspection requests. It shall be the responsibility of the person doing the work authorized by a permit to notify the Building Official that the work is ready for inspection. The Building Official may require that every request for inspection be filed at least one day prior to the day the inspection is desired. The request shall be by telephone or other means approved by the Building Official. It shall be the duty of the person requesting any inspection required by this Code to provide access to and means for inspection of the work.

(3)

Approval required. Work shall not be done beyond the point indicated in each successive inspection. The Building Official, upon notification, shall make the requested inspection and shall indicate the portion of the work that is satisfactory as completed, or shall notify the permit holder or authorized agent wherein the same fails to comply with the building code. Any provisions that do not comply shall be corrected and such work shall not be covered or canceled until authorized by the Building Official.

(B)

Required Inspections:

(1)

General. The Building Official, upon notification, shall make an inspection required by this Subsection. The following are required inspections:

(a)

Footing inspection. Shall be made after excavations are completed, all forms are in place, any required reinforcing steel is in place, and the footing is ready for the placement of concrete but before any concrete is placed.

(b)

Caisson/drilled pier inspection. Shall be made after caisson drilling has been completed and prior to any concrete being placed.

(c)

Foundation inspection. For concrete foundations, all forms, required void material, and required reinforcement shall be in place prior to the placement of any concrete. Where the foundation is to be constructed of approved, treated wood, additional inspections may be required by the Building Official.

(d)

Underslab or underground inspection. Shall be made after all underslab or underground building service equipment, electrical conduit, plumbing piping, and other ancillary equipment items are in place, but before any such equipment, conduit, or piping is buried or any concrete is placed. Required pressure tests of underground piping or ductwork shall be performed at this time, as specified in the Building Codes.

(e)

Rough inspection. Shall be made after all rough-in work is completed and ready for inspection; all circuits are made up, electrical boxes, and plaster rings are installed, electrical panels are set, neutrals and grounds are made up, and all grounding is completed; all air or water tests required by the Building Codes have been performed; all ductwork, venting, and piping are completely roughed in; the roofing, all framing, fire blocking and bracing are complete; and when the job is ready for drywall but prior to the installation of any insulation.

(f)

Wallboard inspection. Gypsum wallboard which is part of a required fire assembly or designed to resist shear forces shall be inspected after all gypsum board, interior and exterior, is in place and properly fastened but before any gypsum board joints or fasteners are taped or finished.

(g)

Final inspection. Shall be made after all work, including final grading, is completed, and the building or space is ready for occupancy.

(2)

Other inspections. In addition to the inspections specified in Subsection (B) of this section, the Building Official may make or require other inspections of any construction work to ascertain compliance with the provisions of the Building Codes and other laws which are enforced by the City.

(3)

Special inspections. Special inspections shall be conducted as required by the building code and Building Division procedures.

(4)

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

(C)

Certificates of Occupancy:

(1)

Use and occupancy. No building or structure, except Group U occupancies, 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. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the building codes or other ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of the Building Codes or other ordinances of the City shall be invalid.

(2)

Change in use. Changes in the character or use of a building shall not be made without the approval of the Building Official.

(3)

Certificate issued. After all required final inspections have been made, finding no violations of the provisions of the Building Codes or any other laws or ordinances of the City, all fees have been collected, and all improvements required by the City have been made in accordance with City specifications, including the installation of sidewalks, curbs, gutters, street paving, and any required landscaping, the Building Official shall issue a certificate of occupancy. However, the Building Official may issue the certificate of occupancy prior to the completion of the required improvements provided the City has entered into an agreement with the owner of the property regarding delayed completion. Only those improvements specified in such agreement with the City shall be considered for delayed completion, and the certificate of occupancy shall not be issued if required improvements, other than those included in the agreement with the City, have not been completed. The certificate of occupancy shall contain the following information:

(a)

The building permit number.

(b)

The address and legal description of the building.

(c)

The name and address of the owner or owner's authorized agent.

(d)

If not the entire building, a description of the portion of the building for which the certificate was issued, including the occupancy group classification.

(e)

A statement that, at the time of issuance, the building or portion thereof was inspected for compliance with the requirements of the Building Codes for the occupancy and the use for which the building is classified.

(f)

The edition of the code under which the permit was issued.

(g)

The type of construction.

(h)

Any special stipulations and conditions of the building permit or certificate of occupancy.

(i)

The date of issuance of the certificate.

(j)

The signature of the Building Official or his representative.

(4)

Temporary certificate. If the Building Official finds that no substantial hazard will result from the occupancy of a building or portion thereof before completion, he may issue a temporary certificate of occupancy for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The Building Official shall set a time period for which the temporary certificate of occupancy is valid. A fee shall be charged for the issuance or reissuance of a temporary certificate of occupancy as set forth in the fee schedule. The fee for the temporary certificate of occupancy shall be based upon the permit fee paid for the building or portion thereof.

(5)

Revocation. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of the Building Codes whenever the certificate is issued in error or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of the Building Codes or any ordinance or regulation of the City.

(Ord. No. 3908, § 1, 11-27-2017)

(A)

Chapter 1 of the International Building Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

Section 406.3.2.1 of the International Building Code is amended to read as follows:

406.3.2.1 Dwelling unit separation.

The private garage shall be separated from the dwelling unit and its attic area by means of minimum 5/8 inch type "X" gypsum board applied to the garage side. Where the separation is horizontal the structure supporting the separation shall also be protected by not less than 5/8-inch type "X" gypsum board or equivalent. Door openings between a private garage and the dwelling unit shall be equipped with either solid wood doors not less than 1 3/8-inch thickness, solid or honeycomb core steel door not less than 1 3/8 inches thick, or doors in compliance with Section 716.2.2.1 with a fire protection rating of not less than 20 minutes. Doors shall be self-closing and self-latching.

(C)

Section 502.1 Address identification is replaced as follows:

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 a minimum of 6 inches (102 mm) high with a minimum stroke width of 3/4 inch (12.7 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 address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.

(D)

Section 907.2.11 of the International Building Code is replaced as follows:

907.2.11 Single- and multiple-station smoke alarms. Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.11.1 through 907.2.11.7, NFPA 72 and the manufacturer's published instructions.

(E)

Section 915.4 of the International Building Code is replaced as follows:

915.4 Carbon monoxide alarms. Carbon monoxide alarms shall be installed in accordance with the manufacturer's installation instructions and shall comply with Sections 915.4.1 through 915.4.4.

(F)

Section 1101.1 of the International Building Code is amended by adding the following sentence:

Where there are seven or more residential dwelling units in a project, the provisions of Colorado Revised Statutes (C.R.S.) Title 9, Article 5, Standards for Accessible Housing, shall be required.

(G)

Section 1507.1.2 of the International Building Code is replaced as follows:

1507.1.2 Ice barriers. Ice barriers are not required.

(H)

Sections 1507.3.9, 1507.5.7, 1507.8.8, 1507.9.9, and 1507.8.1.1 of the International Building Code are amended by adding the following:

The average daily temperature in The City of Westminster in January is above 25 ^o F (4 ^o C).

(I)

Section 1507.17.4.2 of the International Building Code is replaced as follows:

1507.17.4.2 Ice barrier. Ice barriers are not required.

(J)

Section 1511.2.4 of the International Building Code is replaced as follows:

1511.2.4 Type of construction. Penthouses shall be constructed of building element materials as required for the type of construction of the building. Penthouse exterior walls and roof construction shall have a fire-resistance rating as required for the type of construction of the building. Supporting construction of such exterior walls and roof construction shall have a fire-resistance rating not less than required for the exterior wall or roof supported.

(K)

Section 1607.3.1 of the International Building Code is added as follows:

1607.3.1 Live load signage. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf, such design live loads shall be conspicuously posted in that part of each story in which they apply, using durable signs.

(L)

Section 1607.3.2 of the International Building codes is added as follows:

1607.3.2 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure, or portion thereof, a load greater than is permitted by this code.

(M)

Section 1608.2 of the International Building Code is replaced as follows:

1608.2 GROUND SNOW LOADS. The ground snow load to be used within the City of Westminster in determining the design snow loads for roofs is 30 pounds per square foot.

(N)

Section 1609.3 of the International Building Code is replaced as follows:

1609.3 Basic design wind speed. Wind speeds to be per the table below and the zones as published by the City of Westminster. Exposure B shall be used unless specified as exposure C by the Building Official.

(O)

Section 1612.2 of the International Building Code is replaced as follows:

1612.2 Design and construction. The design and construction of buildings and structures located in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be designed and constructed in accordance with City of Westminster standards and ASCE 24, whichever is the most restrictive.

(P)

Section 1612.3 of the International Building Code is replaced as follows:

1612.3 Establishment of flood hazard areas. The flood hazard areas of the City of Westminster are as established in Title 11, Chapter 8 of the Westminster Municipal Code.

(Q)

Section 2111.1 of the International Building Code is replaced as follows:

2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this Section and subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

(R)

Section 2304.12.2.3 of the International Building Code is amended as follows:

Section 2304.12.2.3 Supporting member for permanent appurtenances. Exception: is deleted in its entirety.

(S)

Section 2701.1 of the International Building Code is amended as follows:

The reference to the International Property Maintenance Code is deleted.

(T)

Section 2801.1 of the International Building Code is amended as follows:

The reference to the International Property Maintenance Code is deleted.

(U)

Section 2909.1 of the International Building Code is amended as follows:

The reference to the International Property Maintenance Code is deleted.

(V)

Section 2902.2.1 of the International Building Code is replaced as follows:

2902.2.1 Family or assisted-use toilet facilities serving as separate facilities. Where a building or tenant space requires a separate toilet facility for each sex and each toilet facility is required to have only one water closet, two family or assisted-use toilet facilities shall serve as the required separate facilities. Family or assisted-use toilet facilities shall not be required to be identified for exclusive use by either sex as required by Section 2902.4.

(W)

Section 2902.8 of the International Building Code is added as follows:

2902.8 Baby diaper-changing accommodations. Group A occupancies, Group M occupancies in excess of 5,000 square feet, and Group B office buildings in excess of 5,000 square feet shall install and maintain baby diaper changing stations, at each floor level containing restrooms, if the facility is open to the public. Where separate facilities are provided for each sex, there shall be at least one safe, sanitary, and convenient baby diaper changing station located in each facility. Each station shall include signage at or near the entrance to the restroom indicating the availability of the baby diaper changing station. If there is a central directory identifying, for the benefit of the public, the location of offices, restrooms, and other facilities in the building, that central directory shall indicate the location of the baby diaper changing stations.

Exceptions.

(1)

If there is centrally located facility with a baby diaper changing station located within 300 feet of the entrance to a restaurant or retail establishment.

(2)

This section does not apply to a nightclub, bar or similar occupancy that does not permit anyone who is under 18 years of age to enter the premises.

(3)

This section also does not apply to a restroom located in a health facility if the restroom is intended for the use of one patient or resident at a time.

(4)

A new establishment or use shall not be subject to the provisions of this section if compliance would create a hardship defined as:

(a)

No reasonable physical alternative exists for providing baby diaper-changing accommodations, or

(b)

The cost of providing such accommodations exceeds 10 percent of the cost of constructing or substantially modifying the building or space occupied by the establishment or use.

(X)

Section 3002.4 is replaced as follows:

3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings two or more stories above, or two or more stories below, grade plane, not fewer than one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches (610 mm by 2134 mm) with not less than 5-inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall be not less than 3 inches (76 mm) in height and shall be placed inside on both sides of the hoistway door frame.

(Y)

International Building Code Appendix Adoption.

Appendices are Added, Adopted, Adopted as Amended, or Not Adopted as part of this Code as noted in Appendix Adoption Table of the International Building Code. Prescriptive design provisions and mandatory requirements from appendices that are added, adopted, or adopted as amended carry the full authority of this code.

APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Chapter 1 of the International Residential Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

Table R301.2(1) of the International Residential Code is replaced as follows:

Footnotes not shown and unchanged.

(C)

Section R301.2.4 of the International Residential Code replaced as follows:

R301.2.4 Floodplain construction. The design and construction of buildings and structures located in whole or in part in flood hazard areas, including flood hazard areas subject to high velocity wave action, shall be designed and constructed in accordance with City of Westminster standards and R322, whichever is the most restrictive.

(D)

Table R302.1(1) of the International Residential Code is amended as follows:

Footnote b is deleted in its entirety.

(E)

Table R302.1(2) of the International Residential Code is amended as follows:

Footnote a is deleted in its entirety.

Footnote c is deleted in its entirety.

(F)

Section R302.5.1 of the International Residential Code is modified by adding the following sentence:

Doors shall be fully gasketed and sealed on all edges when in the closed position.

(G)

Section R302.6 of the International Residential Code is replaced as follows:

R302.6 Dwelling-garage fire separation. The garage shall be separated from the residence and its attic space by not less than 5/8-inch type "X" gypsum board applied to the garage side. Where the separation is horizontal the structure supporting the separation shall also be protected by not less than 5/8-inch type "X" gypsum board or equivalent. Garages located less than 3 feet from a dwelling unit on the same lot shall be protected with not less than 5/8-inch type "X" gypsum board on the interior side of exterior walls. Openings and penetrations in these walls shall be regulated by Section R302.5.

(H)

Table R302.6 of the International Residential Code is amended as follows:

Table R302.6 Dwelling-garage separation is deleted in its entirety.

(I)

Section R305.1.2 of the International Residential Codes is added as follows:

R305.1.2 Habitable attics and basements in existing buildings. Where a habitable attic or habitable space in a basement is created in an existing building, ceiling height shall be not less than 6 feet 8 inches. Bathrooms, toilet rooms and laundry rooms shall have a ceiling height of not less than 6 feet 4 inches.

Exceptions:

(1)

For rooms with sloped ceilings, the required floor area of the room shall have a ceiling height of not less than 5 feet (1524 mm) and not less than 50 percent of the required floor area shall have a ceiling height of not less than 6 feet 8 inches (2134 mm).

(2)

At beams, girders, ducts or other obstructions, the ceiling height shall be not less than 6 feet 4 inches (1931 mm) from the finished floor.

(J)

Section R302.11 Item 4 of the International Residential Code is replaced as follows:

At opening around vents, pipes, ducts, cables and wires at ceiling and floor levels, with an approved material to resist the free passage of flame and products of combustion. Tightly packed fiberglass or mineral wool insulation shall be permitted as the material filling this annular space. Other materials shall not be required to meet the ASTM E136 requirements but shall be evaluated by an approved agency as equivalent to tightly packed insulation.

(K)

Section R309.5 of the International Residential Code is deleted in its entirety.

(L)

Section R309.6 of the International Residential Code is added as follows:

R309.6 Electric vehicle charging systems. Where provided, electric vehicle charging systems shall be installed in accordance with NFPA 70. Electric vehicle charging system equipment shall be listed and labeled in accordance with UL 2202. Electric vehicle supply equipment shall be listed and labeled in accordance with UL 2594.

(M)

Section 310.1 of the International Residential Code is amended as follows:

Exception 2 is deleted in its entirety.

(N)

Section R310.7 of the International Residential Code is deleted in its entirety.

(O)

Section R310.7.1 of the International Residential Code is deleted in its entirety.

(P)

Section R311.7.5 of the International Residential Code is modified by adding the following exception:

Exception:

Alterations to existing stairs shall not be required to comply with minimum tread depth or maximum riser height where the existing space and construction does not allow a reduction in pitch or slope of the stairs.

(Q)

Section R314.1.2 of the International Residential Code is added as follows:

R314.1.2 Installation. Smoke alarms and combination smoke and carbon monoxide alarms shall be installed in accordance with their listing and the manufacturer's instructions.

(R)

Section R315.1.2 of the International Residential Code is added as follows:

R315.1.2 Installation. Carbon monoxide alarms shall be installed in accordance with their listing and the manufacturer's instructions.

(S)

Section R317.1 Item 8 of the International Residential Code is amended as follows:

Item 8, Exception is deleted.

(T)

Section R320.1 of the International Residential Code is amended by adding the following:

Where there are seven or more residential dwelling units in a project, the provisions of Colorado Revised Statutes (C.R.S.) Title 9, Article 5, Standards for Accessible Housing, shall be required.

(U)

Section R404.1.1, item 2 of the International Residential Code is replaced as follows:

R404.1.1 Design required. Item 2. Walls supporting more than 36 inches of unbalanced backfill that do not have permanent lateral support at the top or bottom.

(V)

Section R506.2.3 of the International Residential Code is replaced as follows:

R506.2.3 Vapor retarder. A minimum 6 mil (0.006 inch; 152 mm) polyethylene or approved vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between the concrete floor slab and the base course or the prepared subgrade where a base course does not exist.

(W)

Section R1001.1 of the International Residential Code is replaced as follows:

R1001.1 General. Masonry fireplaces shall be constructed in accordance with this Section and the applicable provisions of Chapters 3 and 4 of this Code and subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

(X)

Section R1002.1 of the International Residential Code is amended by adding the following:

Masonry heaters shall be approved by the Colorado Department of Public Health and Environment and listed on their currently published list of Colorado Approved Masonry Heaters.

(Y)

Section R1004.1 of the International Residential Code is replaced as follows:

R1004.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL127 and be subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

(Z)

Section R1004.4 of the International Residential Code is replaced as follows:

R1004.4 Unvented gas log heaters. Unvented fuel-fired appliances are prohibited.

(AA)

Section N1101.1 of the International Residential Code is replaced as follows:

RESIDENTIAL BUILDING. For this code, includes detached one- and two-family dwellings and townhouses as well as R-3 and R-4 buildings three stories or less in height above grade plane.

(BB)

Section N1101.11 Installation is replaced as follows:

N1101.11 Installation. Materials, systems, and equipment shall be installed in accordance with the manufacturer's instructions and this code. Insulation shall meet the requirements of the Grade I standard in ICC/RESNET 301 Normative Appendix A.

(CC)

Section N1101.13.4 Tropical Climate Region Option is deleted in its entirety.

(DD)

Section N1101.14 Certificate is amended by adding the language indicated in underline as follows:

(7)

The code edition under which the structure was permitted, and the compliance path used, and where applicable, the additional efficiency measures selected for compliance with N1108.

(8)

Where a solar-ready zone is provided, the certificate shall indicate the location, and dimensions.

(EE)

Section N1103.1.2 Heat pump supplementary heat is replaced as follows:

N1103.1.2 Heat pump supplementary heat. Heat pumps having supplementary electric resistance heat shall have controls that, are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load. Limit supplemental heat operation to only those times when one of the following applies:

(1)

The vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting.

(2)

The heat pump is operating in defrost mode.

(3)

The vapor compression cycle malfunctions.

(4)

The thermostat malfunctions.

(FF)

Section N1107 Tropical Climate Region Compliance Path is deleted in its entirety.

(GG)

Section M1410.1 of the International Residential Code is amended by adding the following:

Pellet fuel-burning appliances shall be listed in the EPA Certified Wood Heater Database published by the Environmental Protection Agency as currently EPA Certified under the 2020 rule.

(HH)

Section M1414.1 of the International Residential Code is amended by adding the following:

Fireplace stoves and wood heaters shall be listed in the EPA Certified Wood Heater Database published by the Environmental Protection Agency as currently EPA Certified under the 2020 rule.

(II)

Section M1416 of the International Residential Code is added as follows:

M1416 Unvented room heaters.

M1416.1 General. Unvented room heaters, fireplaces, gas logs or other similar unvented devices are prohibited.

(JJ)

Section M1502.4.6.2 of the International Residential Code is deleted in its entirety.

(KK)

Section M1801.1 of the International Residential Code is replaced as follows:

M1801.1 Venting required. Fuel-burning appliances shall be vented to the outdoors in accordance with their listing and label and manufacturer's installation guidelines or instructions. Venting systems shall consist of approved chimneys or vents, or venting assemblies that are integral parts of labeled appliances. Gas-fired appliance shall be vented in accordance with Chapter 24.

(LL)

Section G2406.2 of the International Residential Code is amended as follows:

G2406.2 Prohibited locations. Items 3 and 4 are deleted in their entirety.

(MM)

Section G2417.4.1 of the International Residential Code is replaced as follows:

G2417.4.1 Test pressure. The minimum test pressure to be used on threaded pipe shall be 20 psi gauge pressure. For welded pipe the minimum test pressure shall be 60 psi gauge pressure.

(NN)

Section G2425.8 of the International Residential Code is amended as follows:

G2425.8 Equipment not required to be vented. Item #7 is deleted.

(OO)

Sections G2445.1 through G2445.7.1 of the International Residential Code are replaced as follows:

G2445.1 Prohibited. Unvented room heaters and unvented decorative room heaters are prohibited.

(PP)

Section P2603.5.1 of the International Residential Code is replaced as follows:

P2603.5.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 42 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 42 inches below grade.

(QQ)

Table P2903.2 of the International Residential Code is replaced as follows:

TABLE P2903.2

MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS ^b

(a)

A hand-held shower spray shall be considered to be a shower head.

(b)

Consumption tolerances shall be determined from referenced standards.

(RR)

Section P3201.5 of the International Residential Code is modified by adding item #6 as follows:

(6)

Running traps and those where the inlet side of the trap is not vertically oriented.

(SS)

Table P3201.7 of the International Residential Code is amended as follows:

TABLE P3201.7 SIZE OF TRAPS FOR PLUMBING FIXTURES is amended to reflect the trap size minimum for a shower is 2 inches.

(TT)

Section E3401.1 of the International Residential Code is amended by adding the following:

Whenever there is a conflict between this Code and the National Electrical Code, the provisions of the National Electrical Code will govern.

(UU)

Section E3601.6.2 of the International Residential Code is replaced as follows:

E3601.6.2 Location. The service disconnecting means shall be installed at a readily accessible location on the outside of the building unless approved by the Building Official. No service disconnecting means shall be installed inside a residential dwelling unit.

Exception. The service disconnecting means may be installed inside the garage of a residential dwelling unit when it is located back-to-back to the meter.

(VV)

International Residential Code Appendix Adoption.

Appendices are Added, Adopted, Adopted as Amended, or Not Adopted as part of this Code as noted in Appendix Adoption Table of the International Residential Code. Prescriptive design provisions and mandatory requirements from appendices that are added, adopted, or adopted as amended carry the full authority of this code.

APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Article 230.70(A)(1) of the National Electrical Code is replaced as follows:

230.70(A)(1) Location. The service disconnecting means shall be installed at a readily accessible location on the outside of the building unless approved by the Building Official. o service disconnecting means shall be installed inside a residential dwelling unit.

Exception: The service disconnecting means may be installed inside the garage of a residential dwelling unit when it is located back-to-back to the meter.

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

Pursuant to Part 2 of Article 16 of Title 31, C.R.S., there is adopted as the plumbing code of the City, by reference thereto, the Colorado Plumbing Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Plumbing Code, 2021 edition, and appendices therein contained, as published and promulgated by the International Code Council, 4051 Flossmoor Road, Country Club Hills, Illinois 60478.

(A)

Chapter 1 of the International Plumbing Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

Section 305.4 of the International Plumbing Code is replaced 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 shall be installed not less than 42 inches (1067 mm) below grade.

(C)

Section 305.4.1 of the International Plumbing Codes is replaced as follows:

305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be installed not less than 42 inches (1067 mm) below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 42 inches (1067 mm) below grade.

(D)

Section 312.9 of the International Plumbing Code, which is deleted in the Colorado Plumbing Code, is retained as part of the IPC.

(E)

Section 403.2.1 of the International Plumbing Code is replaced as follows:

403.2.1 Family or assisted-use toilet facilities serving as separate facilities. Where a building or tenant space requires a separate toilet facility for each sex and each toilet facility is required to have only one water closet, two family or assisted-use toilet facilities shall serve as the required separate facilities. Family or assisted-use toilet facilities shall not be required to be identified for exclusive use by either sex as required by Section 403.4.

(F)

Section 403.7 of the International Plumbing Code is added as follows:

403.7 Baby diaper-changing accommodations. Group A occupancies, Group M occupancies in excess of 5,000 square feet, and Group B office buildings in excess of 5,000 square feet shall install and maintain baby diaper changing stations, at each floor level containing restrooms, if the facility is open to the public. Where separate facilities are provided for each sex, there shall be at least one safe, sanitary, and convenient baby diaper changing station located in each facility. Each station shall include signage at or near the entrance to the restroom indicating the availability of the baby diaper-changing station. If there is a central directory identifying, for the benefit of the public, the location of offices, restrooms, and other facilities in the building, that central directory shall indicate the location of the baby diaper-changing stations.

Exceptions.

(1)

If there is centrally located facility with a baby diaper changing station located within 300 feet of the entrance to a restaurant or retail establishment.

(2)

This section does not apply to a nightclub, bar or similar occupancy that does not permit anyone who is under 18 years of age to enter the premises.

(3)

This section does not apply to a restroom located in a health facility if the restroom is intended for the use of one patient or resident at a time.

(4)

A new establishment or use shall not be subject to the provisions of this section if compliance would create a hardship defined as:

4.1. No reasonable physical alternative exists for providing baby diaper-changing accommodations, or

4.2. The coast of providing such accommodations exceeds 10 percent of the cost of constructing or substantially modifying the building or space occupied by the establishment or use.

(G)

Section 601.6 of The International Plumbing Code is added as follows:

601.6 Water conservation. Water recycling systems shall be required for all automatic full- service commercial car wash facilities constructed in the City after December 23, 1982. Water recycling systems shall not be required for manual self-service commercial car wash facilities.

(H)

Table 604.4 of the International Plumbing Code is replaced as follows:

TABLE 604.4

MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS

Footnotes remain unchanged.

(I)

Section 704.5 of the International Plumbing Code is added as follows:

704.5 Grease waste identification. All underground or under floor grease waste piping shall be permanently identified by an approved means.

(J)

Section 903.1.1 of the International Plumbing Code is replaced as follows:

903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 6 inches (152 mm) above the roof.

(K)

Section 1002.3 of the International Plumbing Code is amended to add item #7 as follows:

(7) Running traps and those where the inlet side of the trap is not vertically oriented.

(L)

Section 1003.2 of the International Plumbing Code is replaced as follows:

1003.2 Approval. The size, type and location of each grease interceptor shall be designed and installed in accordance with City of Westminster specifications, the manufactures installation instructions, the requirements of this Section and the anticipated conditions of use. Wastes that do not require treatment or separation shall not be discharged into any interceptor.

(M)

Section 1003.3.5.1 of the International Plumbing Code is replaced as follows:

1003.3.5.1 Grease trap capacity. When, in the judgment of the Building Official, it would be impractical or unnecessary to install a grease interceptor due to the anticipated use of an establishment, the installation of a grease trap may be approved. Grease traps shall be sized in accordance with City specifications and have the grease retention capacity indicated in Table 1003.3.5.1 for the flow-through rates indicated.

(N)

International Plumbing Code Appendix Adoption. Appendices are Added, Adopted, Adopted as Amended, or Not Adopted as part of this Code as noted in Appendix Adoption Table of the International Plumbing Code. Prescriptive design provisions and mandatory requirements from appendices that are added, adopted, or adopted as amended carry the full authority of this code.

APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Chapter 1 of the International Mechanical Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

Section 403.1 of the International Mechanical Code is replaced as follows:

403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return or exhaust air except that mechanical ventilation air requirements for Group R-3 and R-4 occupancies shall be provided by an exhaust system, supply system or combination thereof. The amount of supply air shall be approximately equal to the amount of return and exhaust air. The system shall not be prohibited from producing negative or positive pressure. The system to convey ventilation air shall be designed and installed in accordance with Chapter 6.

(C)

Section 403.3 and 403.3.1 of the International Mechanical Code are replaced as follows:

403.3 Outdoor air and local exhaust airflow rates. Group R-3 and R-4 occupancies three stories and less in height above grade plane shall be provided with outdoor air and local exhaust in accordance with Section 403.3.2. Other buildings intended to be occupied shall be provided with outdoor air and local exhaust in accordance with Section 403.3.1.

403.3.1 Other buildings intended to be occupied. The design of local exhaust systems and ventilation systems for outdoor air for occupancies other than Group R-3 and R-4 three stories and less above grade plane shall comply with Sections 403.3.1.1 through 403.3.1.4.

(D)

Section 403.3.2 of the International Mechanical Code is replaced as follows:

403.3.2 Group R-3 and R-4 occupancies, three stories and less. The design of local exhaust systems and ventilation systems for outdoor air in Group R-3 and R-4 occupancies three stories and less in height above grade plane shall comply with Sections 403.3.2.1 through 403.3.2.5.

(E)

Section 504.9.4.2 of the International Mechanical Code is deleted in its entirety.

(F)

506.3.11 of the International Mechanical Code is deleted in its entirety.

(G)

Section 903.1 of the International Mechanical Code is replaced as follows:

903.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL127 and be subject to the restrictions of Title 8, Chapter 6 of the Westminster Municipal Code.

(H)

Section 903.3 of the International Mechanical Code is replaced as follows:

903.3 Unvented gas log heaters. Unvented fuel-fired appliances are prohibited.

(I)

Section 904.1 General is amended by adding the following sentence:

Pellet fuel-burning appliances shall be listed in the EPA Certified Wood Heater Database published by the Environmental Protection Agency as currently EPA Certified under the 2020 rule.

(J)

Section 905.1 General is amended by adding the following sentence:

Fireplace stoves and wood heaters shall be listed in the EPA Certified Wood Heater Database published by the Environmental Protection Agency as currently EPA Certified under the 2020 rule.

(K)

International Mechanical Code Appendix Adoption. Appendices are Added, Adopted, Adopted as Amended, or Not Adopted as part of this Code as noted in Appendix Adoption Table of the International Mechanical Code. Prescriptive design provisions and mandatory requirements from appendices that are added, adopted, or adopted as amended carry the full authority of this code.

APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

Pursuant to Part 2 of Article 16 of Title 31, C.R.S., there is adopted as the fuel gas code for the City, by reference thereto, the Colorado Fuel Gas Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Fuel Gas Code, 2021 Edition, as published and promulgated by the International Code Council, 4051 Flossmoor Road, Country Club Hills, Illinois 60478.

(A)

Chapter 1 of the International Fuel Gas Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

Section 303.3 of the International Fuel Gas Code is amended as follows:

303.3 Prohibited locations. Items 3 and 4 are deleted in their entirety.

(C)

Section 406.4.1 and 406.4.2 of the International Fuel Gas Code are replaced as follows:

406.4.1 Test pressure. The minimum test pressure to be used on threaded pipe shall be 20 psi gauge pressure. For welded pipe the minimum test pressure shall be 60 psi gauge pressure.

406.4.2 Test duration. The test duration shall be not less than 10 minutes.

(D)

Section 501.8 of the International Fuel Gas Code is amended as follows:

501.8 Equipment not required to be vented. Items 8 and 10 are deleted in their entirety.

(E)

Sections 621.1 through 621.7.1 of the International Fuel Gas Code are replaced as follows:

621.1 General. Unvented room heater, fireplaces, gas logs or other similar devices are prohibited.

(F)

International Fuel Gas Code Appendix Adoption.

Appendices are Added, Adopted, Adopted as Amended, or Not Adopted as part of this Code as noted in Appendix Adoption Table of the International Fuel Gas Code. Prescriptive design provisions and mandatory requirements from appendices that are added, adopted, or adopted as amended carry the full authority of this code.

APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Chapter 1 of the International Energy Conservation Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code, as well as Chapters C1 and R1 of the IECC for subject matter not covered under the Westminster Municipal Code, Title 11, Chapter 9.

(B)

Section C401.2.1, is replaced as follows:

C401.2.1 International Energy Conservation Code.

Commercial buildings shall comply with one of the following:

(1)

Prescriptive Compliance. The Prescriptive Compliance option requires compliance with Sections C402 through C406 and Section C408. Dwelling units and sleeping units in Group R-2 buildings without systems serving multiple units shall be deemed to be in compliance with this chapter, provided that they comply with Section R406.

(2)

Total Building Performance. The Total Building Performance option requires compliance with ANSI/ASHRAE/IESNA 90.1-Appendix G.

(C)

Table C402.1.3 and C402.1.4 of the International Energy Conservation Code are replace as follows to remove all inapplicable climate zones, footnotes, and to include all errata published to date:

For SI: 1 inch=25.4mm, 1 psf = 4.88kg/m, 1 pound per cubic foot=16 kg/m ³ .

ci=continuous insulation, LS = Liner System

a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA 90.1 App. A

b. Where using R-value compliance method, a thermal space block shall be provided, otherwise use the U-factor compliance method in Table C402.1.4.
c. REMOVED

d. Where heated slabs are below grade, below-grade walls shall comply with the exterior insulation requirements for heated slabs.

e. "Mass floors" shall be in accordance with Section C402.2.3.

f. "Mass walls" shall be in accordance with Section C402.2.2.

g. The first value is for perimeter insulation and the second value is for full, under-slab insulation. Perimeter insulation is not required to extend below the bottom of the slab.

For SI: 1 pound per square foot = 4.88kg/m, 1 pound per cubic foot=16 kg/m ³ .

ci=continuous insulation, NR=No Requirement, LS = Liner System

a. Where assembly U-, C- and F-factors are established in ANSI/ASHRAE/IESNA 90.1 Appendix A, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table, and provided that the construction, excluding the cladding system on walls, complies with the appropriate construction details from ANSI/ASHRAE/IESNA 90.1 Appendix A.

b. Where U-factors have been established by testing in accordance with ASTM C1363, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table. The R-value of continuous insulation shall be permitted to be added to or subtracted from the original tested design.

c. Where heated slabs are below grade, below-grade walls shall comply with the U-factor requirements for above-grade mass walls.

d. "Mass floors" shall be in accordance with Section C402.2.2.

e. REMOVED

f. REMOVED

g. "Mass walls" shall be in accordance with Section C402.2.2.

h. Swinging door U-factors shall be determined in accordance with NFRC-100.

i. Garage doors having a single row of fenestration shall have an assembly U-factor less than or equal to 0.44, provided that the fenestration area is not less than 14 percent and not more than 25 percent of the total door area.

(D)

Table C402.4 of the International Energy Conservation Code is replaced as follows to remove all other climate zones:

(E)

Section C403.4.1.1 is replaced as follows:

C403.4.1.1 Heat pump supplementary heat. Heat pumps having fuel burning equipment or electric resistance equipment for supplementary space heating shall have controls that are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load and limit supplemental heat operation to only those times when one of the following applies:

(1)

For space heating systems, the vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting.

Exception: For forced-air systems, the vapor compression cycle cannot provide a supply air temperature of 85°F or greater

(2)

The heat pump is operating in defrost mode.

(3)

The vapor compression cycle malfunctions.

(4)

For space heating systems, the thermostat malfunctions.

(F)

Section C407 Total Building Performance is deleted in its entirety.

(G)

Commercial Appendix Table is added as follows:

COMMERCIAL APPENDIX ADOPTION TABLE

(H)

Section R202 Definitions is replace the definition of RESIDENTIAL BUILDING as follows:

RESIDENTIAL BUILDING. For this code, includes detached one- and two-family dwellings and townhouses as well as R-3 and R-4 buildings three stories or less in height above grade plane.

(I)

Section R303.2 is replaced as follows:

R303.2 Installation. Materials, systems, and equipment shall be installed in accordance with the manufacturer's instructions and the International Building Code or the International Residential Code, as applicable. Insulation shall meet the requirements of the Grade I standard in ICC/RESNET 301 Normative Appendix A.

(J)

Section R401.2.4 Tropical Climate Region Option is deleted in its entirety.

(K)

Section R401.3 is amended to add the following language appearing in underline as follows:

(7)

The code edition under which the structure was permitted, and the compliance path used, and where applicable, the additional efficiency measures selected for compliance with R408.

(8)

Where a solar-ready zone is provided, the certificate shall indicate the location, and dimensions.

(L)

R403.1.2 is amended to add the language appearing in underline as follows:

R403.1.2 Heat pump supplementary heat. Heat pumps having supplementary electric resistance heat shall have controls that, are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load. Limit supplemental heat operation to only those times when one of the following applies:

(1)

The vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting.

(2)

The heat pump is operating in defrost mode.

(3)

The vapor compression cycle malfunctions.

(4)

The thermostat malfunctions.

(M)

Residential appendix Table is added as follows:

RESIDENTIAL APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Chapter 1 of the International Swimming Pool and Spa Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

Section 305.4 of the International Swimming Pool and Spa Code is replaced as follows:

305.4 Structure wall as a barrier. Where a wall of a dwelling or structure serves as part of the barrier and where doors, gates or windows provide direct access to the pool or spa through that wall, one of the following shall be required:

(1)

Operable windows having a sill height of less than 48 inches (1219 mm) above the indoor finished floor, doors and gates shall have an alarm that produces an audible warning when the window, door or their screens are opened. The alarm shall be listed and labeled as a water hazard entrance alarm in accordance with UL 2017.

1.1. In dwellings not required to be accessible units, type A units or type B units, the operable parts of the alarm deactivation switches shall be located at not less than 54 inches above the finished floor.

1.2. In dwellings that are not required to be accessible units, type a units or type B units, the operable parts of the alarm deactivation switches shall be located not greater than 54 inches and not less than 48 inches above the finished floor.

1.3. In structures other than dwellings the operable parts of the alarm deactivation switches shall be located not greater than 54 inches and not less than 48 inches above the finished floor.

(2)

A safety cover that is listed and labeled in accordance with ASTM F 1346 is installed for the pools and spas.

(3)

An approved means of protection, such as self-closing doors with self-latching devices, is provided. Such means of protection shall provide a degree of protection that is not less than the protection afforded by Item 1 or 2.

(C)

Section 306.1 through 306.9.1 of the International Swimming Pool and Spa Code are replaced as follows:

306.1 General. Decks shall be designed and installed in accordance with the International Residential Code or the International Building Code.

(D)

Section 319.3 of the International Swimming Pool and Spa Code is added as follows:

319.3 Chemical storage and handling. Chemical storage, use and handling shall be done in compliance with the Building and Fire codes.

(E)

Section 322 of the International Swimming Pool and Spa Code is deleted in its entirety.

(F)

Section 323 of the International Swimming Pool and Spa Code is deleted in its entirety.

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Chapter 1 of the International Existing Building Code is replaced as follows:

The scope and administration of this code shall be in accordance with Title 11, Chapter 9 of the Westminster Municipal Code.

(B)

International Existing Building Code Appendix Adoption.

Appendices are Added, Adopted, Adopted as Amended, or Not Adopted as part of this Code as noted in Appendix Adoption Table of the International Existing Building Code. Prescriptive design provisions and mandatory requirements from appendices that are added, adopted, or adopted as amended carry the full authority of this code.

APPENDIX ADOPTION TABLE

(Ord. No. 3908, § 1, 11-27-2017; Ord. No. 4241, § 2, 3-25-2024)

(A)

Permits Required:

(1)

General. Building permits for work on mobile homes or accessory buildings shall be obtained in accordance with the provisions of the Building Codes unless the work is specifically exempt pursuant to the provisions of the Building Codes.

(2)

Initial installation. No person shall install or set up a mobile home on any mobile home space without first obtaining a separate permit for each installation from the Building Official. Such permit issuance and fees therefore shall be in accordance with the Building Codes. No utility service shall be provided to any building service equipment without a building permit.

(3)

Accessory buildings and structures. Building permits shall be required for the installation of all accessory buildings and structures and their building service equipment, unless the work is specifically exempt pursuant to the provisions of the Building Codes. Such permit issuance and fees therefor shall be pursuant to the Building Codes.

(4)

Additions, alterations, and repairs to mobile homes. No person shall alter, remodel, repair, or enlarge a mobile home or accessory building subsequent to its initial installation without first obtaining a separate building permit for each such alteration, addition, enlargement, or repair from the Building Official. Such permit issuance and fees therefor shall be pursuant to the Building Codes.

(B)

Installation Requirements:

(1)

General. The installation of a mobile home upon a mobile home space shall comply with the manufacture's installation instructions as well as the provisions of this Subsection, the Building Codes, and other provisions of the City codes. If the manufacture's installation instructions are not available the installation of such mobile home shall comply with the following standards:

Non-permanent installation: Provisions of the Federal Manufactured Home Construction and Safety Standards, NCSBCS/ANSI A225.1 - 1994 amended.

Permanent foundation installations: Permanent foundation, Guide for Manufactured Housing, HUD - September 1996, amended; and Engineered foundation systems as designed by an architect or engineer licensed by the State of Colorado.

(2)

Location on property. Mobile homes and accessory buildings shall be located on the mobile home space as follows:

(a)

No mobile home shall be parked less than 7 feet 6 inches from the front boundary of the mobile home space, measured from the flowline of the curb and gutter of the road providing access to the space. No mobile home shall be parked less than 3 feet from the side or rear boundaries of the mobile home space.

(b)

Accessory buildings to mobile homes shall be located on the mobile home space so that no part of the accessory building is closer than 3 feet to the side or rear boundaries of the mobile home space nor closer than 7 feet 6 inches to the front boundary of the mobile home space. Accessory buildings may be adjacent to mobile homes or other accessory buildings within the same mobile home space.

(c)

Carport and patio cover structures shall not be erected closer than 3 feet to the side or rear boundaries of the mobile home space nor closer than 7 feet 6 inches to the front boundary of the space. Patio and carport structures may be adjacent to mobile homes or accessory buildings within the same mobile home space.

(3)

Pier construction. Piers shall be designed and constructed to distribute loads evenly. Such piers shall be considered to resist vertical forces acting in a downward direction only and shall not be considered as providing any resistance to horizontal or uplift loads. The construction and spacing of piers shall be as specified in the manufacturer's installation instructions or in accordance with section 11-9-12(B)(1). Alternate materials and methods of construction may be used for piers when designed by an architect or engineer, licensed as such in the State of Colorado and approved by the Building Official.

(4)

Anchorage. Ground anchors shall be of the auger type and shall be designed and installed to transfer the anchoring loads to the ground. The installation and spacing of all ground anchoring equipment shall be specified in the manufacture's installation instructions or in accordance with section 11-9-14 (B)(1). Alternate materials and methods of construction may be used for the anchoring systems when designed by an architect or engineer licensed as such in the State of Colorado and approved by the Building Official.

(5)

Building service equipment. The installation, alteration, repair, replacement, addition to, or maintenance of all building service equipment within the mobile home park shall comply with the applicable plumbing, mechanical, and electrical provisions of the Building Codes. Utility service shall not be provided to any building service equipment which is regulated by the Building Codes, and for which a mobile home set up permit is required by the Building Codes, until the building service equipment has been inspected and approved by the Building Official.

(6)

Stairs and landings. Landings and stairways with hand railings and guard railings shall be provided at each exterior door from a mobile home. Landings, stairways, guardrails and handrails shall comply with the provisions of the Building Code and shall be in place prior to requesting the set-up inspection.

(7)

Skirting. The area beneath each mobile home unit shall be enclosed with full perimeter skirting of material that is compatible with the exterior cladding of the mobile home unit. At least one access opening not less than 18" in any dimension and not less than 3 square feet in area shall be provided and located so that any water supply and sewer drain connections located under the unit are accessible. The skirting shall not be installed prior to the approval of the set-up inspection but shall be installed as soon as it is practical to do so after such inspection.

(8)

Smoke alarms. Smoke alarms shall be located in each mobile home unit. An alarm shall be installed in each sleeping room and at a point centrally located in the hallway or area giving access to each separate sleeping area. Smoke alarms added to satisfy the requirements of this subsection may be of the battery-operated type and shall be installed in accordance with their listing.

Exception: New mobile homes may have smoke alarms located per the State of Colorado, Division of Housing approval.

(9)

Carbon monoxide alarms. Carbon monoxide alarms shall comply with Section 315 of the International Residential Code.

Exception: New mobile homes may have carbon monoxide alarms located per the State of Colorado, Division of Housing approval.

(C)

Additions, Alterations, and Repairs to Mobile Homes:

(1)

Permanent additions. No permanent additions of any type shall be built onto or become part of any mobile home unless designed and constructed to conform to the applicable provisions of the Federal Manufactured Home Construction and Safety Standards, NCSBCS/ANSI A225.1 - 1994. A certificate of compliance issued by the manufacturer and verified by the State of Colorado shall be provided to the Building Official for any such addition.

(2)

Carport and patio cover structures. Temporary carport and patio cover structures may be attached to and structurally supported by a mobile home when justified by engineering calculations or when approved by the Building Official. All such structures shall be of light-weight metal, fiberglass, plastic, or other material similar in type and color to the exterior cladding of the mobile home unit and shall be entirely open on two or more sides. All such structures shall be designed and approved in accordance with the applicable provisions of the Building Codes and other provisions of the City code.

(3)

Structural additions. Accessory buildings or structures shall not be structurally supported by or attached to any mobile home unless engineered calculations are submitted to the Building Official to substantiate any proposed structural connection and approved by the Building Official; except that the Building Official may waive the submission of engineering calculations if he finds that engineering calculations are not necessary to show conformance to the requirements of the Building Codes.

(Ord. No. 3908, § 1, 11-27-2017)