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ORDINANCE NO. 5604 AN ORDINANCE AMENDING CHAPTER 2, TITLE IV, OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO BUILDING REGULATIONS; ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1988 EDITION, AND THE UNIFORM BUILDING CODE STANDARDS, 1988 EDITION, WITH 1989 SUPPLEMENT BOTH PROMULGATED AND PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, 5360 SOUTH WORKMAN MILL ROAD, WHITTIER, CALIFORNIA 90601; PROVIDING FOR A PENALTY FOR VIOLATIONS OF THE PROVISIONS OF THE UNIFORM BUILDING CODE; AND PROVIDING FOR A PUBLIC HEARING TO CONSIDER ADOPTING SUCH CODE AND STANDARDS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate material being deleted, underscoring indicates material being added.) gRrTrnN 1- Section 1, Chapter 2, Title IV of the 1971 Code of Ordinances is amended to read as follows: 4 -2 -1: UNIFO BUILDING CODE - ADOPTION BY REFERENCE The Uniform Building Code, [1985] 1988 Edition, promulgated and published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, together with the Uniform Building Code Standards, [1985] 1988 Edition, promulgated and published by the International Conference of Building Officials, above address, herein referred to as Building Code or U.B.C. and Building Code Standards, or U.B.C.S. [respectively], together with secondary codes and the appendix chapters of the U.B.C. as follows: Chapter 1, Division I (Life- Safety Requirements for Existing Buildings Other than High -Rise Buildings), Chapter 1, Division II (Life- Safety Requirements for Existing High -Rise Buildings) Chapter 7 (Aviation Control Towers), Chapter 11 (Agricultural Buildings), Chapter 12, Division II (Requirements for Group R Division 4 Occupancies) , Chapter 23, Division I (Snow Load Design), Chapter 32 (Re- Roofing), Chapter 35 (Sound Transmission Control), Chapter 38 (Basement Pipe Inlets), Chapter 49 (Patio Covers), Chapter 51 (Elevators, Dumbwaiters, Escalators and Moving Walks) , Chapter 53 (Energy Conservation in New Building Construction) , Chapter 55 (Membrane Structures) , Chapter 57 (Regulations Governing Fallout Shelters), Chapter 70 (Excavation and Grading), as amended by this Chapter, are [hereby] adopted [and enacted] by reference [and made a part thereof as if set out herein in full] ; provided, however, that the following portions of the U.B.C. are not adopted and are expressly deleted: Article 304; Table 3A; Chapter 38, Appendix entitled "Basement Pipe Inlets;" Table 70A and 70B entitled "Grading Plan Review Fees" and "Grading Permit Fees."[; Appendix Chapter 53 entitled "Energy Conservation in New Building Construction. "] Copies of these Codes are available in the office of the Pueblo Regional Building Department for distribution and sale to the public [at a price not to exceed actual cost to the Department, plus a handling charge of One dollar and seventy -five cents ($1.75) per copy]. The erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and [ /or] structures within the City of Pueblo shall be in compliance with the terms and provisions of this Chapter and IWM the U.B.C., [1985] 1988 Edition, and the U.B.C.S., [1985] 1988 Edition[, herein adopted by reference, except as same may be excluded from as specifically not covered by this Chapter and said Uniform Building Code and Uniform Building Code Standards]. SECTION 2 Section 2, Chapter 2, Title IV of the 1971 Code of Ordinances is [hereby] amended to read as follows: 4 -2 -2: AMENDMENTS (1) Section 201 of such code entitled "Creation of Enforcement Agency" is [hereby] amended by the addition of the following: Sec. 201. Pueblo Regional Building Department - Enforcement Agency Administration and enforcement of this Code and all related and secondary codes are [hereby] delegated to the Pueblo Regional Building Department. wherever in this code the phrase "building official" appears, it shall be construed to refer to the Director of the Pueblo Regional Building Department or his duly authorized representative. (2) Section 203 of such code, entitled "Unsafe Buildings or Structures," is [hereby] amended by the changing of the second paragraph to read as follows: All such unsafe buildings, structures, or appendages are [hereby] declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in Chapter 7 of Title IV of the Pueblo Municipal Code entitled "Unsafe Structures." As an alternative, -3- the building official or other employee or official of the Pueblo Regional Building Department may institute any other appropriate action to prevent, restrain, correct or abate the violation. (3) Section 205 of the U.B.C. is amended by the addition of the following paragraph: Any person, firm, or corporation violating any of the provisions of this Code, upon conviction [thereof,] shall be punished as provided in Section 1 -2 -1 of the Code of Ordinances of the City of Pueblo. The application of any such penalty shall not be held to prevent the enforced removal of prohibited conditions. (4) Section 301 is [hereby] amended by the addition of the following subsections: [(c) The Plans and specifications submitted for a building permit shall be complete and shall clearly delineate all aspects of the structure or project and all systems thereto which are to be built. All documents submitted shall bear the signature and the stamp or seal of an architect, engineer, or land surveyor, licensed to practice in the State of Colorado as listed below: (1) Structures in occupancy groups A -1, A -2, A -2.1, A -4 and B -4 shall have architectural drawings designed by and bear the stamp or seal of an architect. All structural, electrical, mechanical, and plumbing drawings shall be designed by and bear the signature and the stamp or seal of an engineer. (2) Site plans that are required for projects in all occupancy groups, except R -3, shall be designed by and bear the stamp or seal of an architect, engineer or a land surveyor. Landscape drawings bearing the designer's signature may be -4- designed by a landscape architect. (3) Structures in occupancy groups B -1, B -3 and R -1 shall be designed by and shall bear the signature and stamp or seal of an architect or an engineer. (4) Structures in occupancy groups A -3, B -2, E, H, and I shall have all necessary architectural, structural, electrical, mechanical and plumbing drawings designed by and shall bear the signature and stamp or seal of an Architect and /or an Engineer depending on the complexity of the project, subject to the approval of the Building Official.] [(5)] Structures in occupancy groups M -1 and R -3 shall not be required to have a professional design or seal except when the foundation or drainage requires a design to comply with other provisions of this code or other public law. Such foundations, or surface or subsurface drainage systems shall be designed by and the drawings shall bear the signature and the stamp or seal of an [A]architect or [E]engineer. [(6)] Structures in occupancy groups M -2, towers, tanks not exempt by Section 301(b)6 and fences over six (6) feet high shall be designed by and the drawings shall bear the signature and stamp or seal of an Engineer. Masonry fences, however, which are primarily decorative in nature may be designed by and bear the signature and stamp or seal of an architect. All retaining walls not exempted by Section 301(b)5 which are independent from other buildings or structures shall be considered as occupancy group M -2 and shall bear the signature and stamp or seal of an engineer. All retaining walls not exempted by Section 301(b)5 which are -5- attached to occupancies other than M -1 or R -3 shall be considered part of the occupancy to which it is attached and the drawings [therefore] shall bear the signature and stamp or seal as required by subsection 4(c)(1) through 4(c)(4) of this section. The words "retaining walls" only when used in this subsection [and only in this subsection ]shall be defined as a wall intended to resist the lateral displacement of soil or other materials, which is laterally unsupported by structures other than itself. This definition and usage of the words "retaining walls" shall not redefine or alter the use of the words "retaining wall" or "retaining walls" as used in other sections[ or subsections] of this code. [(d)] (c) A building permit shall be issued only to the contractor performing the work covered by the contract between the owner and the contractor. Such permit shall be delivered only to the contractor or his authorized representative(s). Should any portion of the work be excluded from the contract, the application or permit shall state the portions so excluded. Should the contractor be discharged or abandon the work, he shall immediately [so] notify the building official in writing. No further work shall be performed until a successor contractor has been selected who shall notify the building official in writing of his selection to complete the work. (5) Section 302 of the U.B.C. is [hereby] amended by the following paragraph: b) Plans and specifications will also be considered as the drawings, diagrams, calculations, computations, reports, specifications and other necessary data to complete the habitable structure, along with the necessary code study to compare and delineate the occupancy use and fire resistive type of construction within the U.B.C. Each set of plans and specifications will bear the stamp or seal and signature of an engineer or architect licensed under Title 12 of C.R.S. and in accordance with sections 12 -25 -117 and 12 -4 -116 C.R.S. respectively. [(5)] Section 304 of such code is amended to read as follows: Section 304[(a)] (b) Permit Fees. The fee for each permit shall be paid to the Pueblo Regional Building Department in accordance with [the] schedules [which may be] adopted by the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit fee shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, and any other permanent equipment. Salvage material shall be considered in determining the value of all demolition work. Exceptions: Electrical, plumbing, heating, air conditioning, elevators, and fire- extinguishing systems shall not be included in this permit. Separate permits are required in Title IV of these ordinances. [(6) In Section 304(d)(2) and Section 305(8), reference to Table 3 -A shall be amended to read as follows: Mt In accordance to fees established by resolution of the City Council.] (7) Section 305 of the Uniform Building Code is amended by the following deletion: (e)4 Delete the requirement for interior lath and /or gypsum board inspection. All requirements for the installation of lath and /or gypsum board under this code shall be met. (8) Section 307 of such code is [hereby] amended by the addition of a new paragraph (g) which shall read as follows: (g) Public Improvement Requirements for a Certificate of Occupancy. Applications for building permits for buildings or structures classified in occupancy Groups A, B, E, H, I, and R -1 shall be accompanied by a set of plans or a drawing which shows all existing and proposed public improvements required by the ordinances of the City. Such plans shall be prepared and certified by an architect or engineer licensed to practice in Colorado. Applications for building permits for buildings or structures classified in occupancy Group R -3 shall be accompanied by a set of plans or a drawing which shows all existing and proposed public improvements by the ordinances of the City. Before any building permit is issued, all applications for building permits and accompanying plans or drawings shall be reviewed by the Director of Public Works to determine whether the proposed construction will require the installations [and /]or reconstruction of public improvements. For purposes of this W10 Section, public improvements shall include, but not be limited to, street paving, curbs, gutters, sidewalks, drainage facilities, and the dedication of land for such purposes. Upon request, the Director of Public Works shall provide a written statement of the public improvements that will be required as a condition for the issuance of a building permit and a certificate of occupancy. No certificate of occupancy shall be issued for any structure or building until all public improvements required by the ordinances of the City shall be constructed in full compliance with City Engineering regulations, design standards, and construction specifications as adopted by resolution of the City Council. Acceptance of required public improvements shall be completed upon written notification signed by the Director of Public Works. If it is determined by the Director of Public Works that any such public improvements are necessitated by the proposed construction, a condition shall be inserted in any building permit, to be issued for such proposed construction, which shall require the dedication of such land and improvements to the City. The applicant for such building permits, if not the owner, shall notify the owner of the requirements to such public improvements. The cost of any such improvements shall be [borne] paid by the owner and the construction [thereof] shall be subject to the provisions of all applicable City ordinances, resolution, regulations, and policies. Failure to comply with the provisions for public improvements required by this Section shall be deemed a violation of the building code and shall constitute grounds for applicable penalties as provided in Titles 4 and 9 of the 1971 Code of Ordinances and for revocation of any issued temporary certificate of occupancy. [(8) Section 402 of such code is hereby amended to change the following definition: Section 402. Delete definition of Apartment. Apartment House is any building, or portion thereof, which contains three or more dwelling units.] (9) Section 404 of such code is [hereby ]amended to include the following definition: Sec. 404. Ceiling is any system or construction, suspended or otherwise, which creates a concealed space between such system or construction and the roof. (10) Table 5 -A of the U.B.C. is amended by the addition of the following footnote: Footnote 5: E xterior walls of Group R, Division 3 or attached Group M, Division 1 occupancies are not permitted within 3 feet of the property line in accordance with Section 17 -4 -23 of these ordinances. [(10) Section 701 of such code is hereby amended to change the definition of Group B, Division 1, as follows: Division 1. Gasoline service stations, garages where no repair work is done except exchange of parts and maintenance requiring no open flame, welding or use of flammable liquids. (11) Section 1102 is amended by the addition of the following paragraph: Garages constructed with Group R Division 3 occupancies CUSIM may be expanded to 1500 square feet provided they are used solely for the purpose of parking and storing of personal vehicles and that no commercial function is conducted therein.] (11) Section 1207(a) is amended by the addition of a new paragraph to read as follows: Framing members in ALL basements will be no lower than seven foot six inches (7'6 "), except that the ceiling height in basements may be reduced to six feet eight inches (6 ") over a width of five feet (5 ") under furred -down beams, pipes and ducts. (12) Section 1210(a)(4) of such code is amended for clarification by the addition of the following last sentence: Smoke detectors installed in basements shall be interconnected to sound an alarm in the sleeping areas of the dwelling unit. [(12)] (13) Section 2407(i) 6 of the U.B.C. is amended to read as follows: Section 2407(i) 6[(a)] General Masonry of unburned clay units shall not be used in any building more than two (2) stories in height. The height of every wall of unburned clay units without lateral support shall be not more than ten (10) times the thickness of such walls. Exterior walls, which are laterally supported with those supports located not more than 24 feet apart, are allowed a minimum thickness of 10 inches for single story and a minimum thickness of 14 inches for the bottom story of a two story with the upper story allowed a minimum thickness of 8 inches. Interior bearing walls are allowed a minimum thickness of -11- 8 inches. Upward progress of walls shall be in accordance with acceptable practices. (b) Soil. The best way to determine the fitness of a soil is to make a sample brick and allow it to cure in the open protected from moisture. It should dry without serious warping or cracking. A suitable adobe mixture of sand and clay shall contain not more than 2% of water soluble salts. (c) Classes of Earthen Construction (1) Stabilized Adobes. The term "stabilized" is defined to mean water resistant adobes made of soils to which certain admixtures are added in the manufacturing process in order to limit the adobe's water absorption. Exterior walls constructed of stabilized mortar and adobe require no additional protection. Stucco is not required. The test required is for a dried four inch (4") cube from a sample unit and shall absorb not more than two and one -half percent moisture by weight when placed upon a constantly water saturated porous surface for seven (7) days. An adobe unit which meets this specification shall be considered "stabilized." All units must be cured for 30 days prior to use. (2) Untreated Adobes. Untreated adobes are adobes which do not meet the water absorption specifications. Use of untreated adobes is prohibited within 4 inches above the finished floor grade. Stabilized adobes and mortar may be used for the first 4 inches above finished floor grade. All untreated adobe shall have an approved protection of the exterior walls. All units must be cured for 30 days prior to use. (3) Hydraulically Pressed Units. Sample units may be -12- prepared from the specific source to be used and may be tested in accordance with approved test procedures. [(4) Terrones. The term terrone shall refer to cut sod brick. Their use is permitted if units are dry and the wall design is in conformation with this section. (5) Burned Adobe. The term "burned adobe" shall refer to mud adobe bricks which have been cured by low temperature kiln firing. This type of brick is not generally dense enough to be "frost proof" and may deteriorate rapidly with seasonal freeze -thaw cycles. Its use for exterior locations is discouraged in climate zones with daily freeze -thaw cycles.] [ (6) ] (4 ) Rammed Earth. 1) Soils: See Section (b) above. 2) Moisture Content: Moisture content of rammed earth walls shall be suitable for proper compaction. 3) Forms: Suitable forms shall be used. 4) Lifts and Compaction: Uncompacted damp soil shall be compacted in lifts not to exceed 6" until suitable compressive strength is achieved. 5) Tests: Testing of rammed earth construction shall be in accordance with approved standards. 6) Curing: The building official may allow continuous construction of rammed earth prior to the full curing process, provided proper -13- compaction methods are followed. [(7)] [Items 3, 4, 5, and 6 will not be allowed without the specific approval of the building official.] Rammed earth approval will only be granted if the builder can provide adequate evidence of structural stability. (d) Sampling. Each of the tests prescribed in this section shall be applied to sample units selected at random at a ratio of 5 units /10,000 or project, which ever produces the maximum sample. (e) Moisture Content. The moisture content of untreated units shall be not more than four percent by weight. (f) Absorption. A dried four -inch (4 ") cube cut from a sample unit shall absorb not more than two and one -half percent moisture by weight when placed upon a constantly water saturated porous surface for seven (7) days. An adobe unit which meets this specification shall be considered "stabilized." (g) Shrinkage Cracks. No units shall contain more than three shrinkage cracks, and no shrinkage crack shall exceed two inches (2 ") in length or one - eighth inch (1/8 ") in width. (h) Compressive Strength. The units shall have an average compressive strength of 300 pounds per square inch when tested in accordance with ASTM C -67. One sample out of five may be a compressive strength of not less than 250 pounds per square inch. (i) Modulus of Rupture. The unit shall average 50 pounds per square inch in modulus of rupture when tested according to the following procedures: 1) A standard 4x1Oxl4 cured unit shall be laid over (cylindrical) supports two inches (2 ") from each -14- edge and extending across the full width of the unit. 2) A cylinder two inches (2 ") in diameter shall be laid midway between and parallel to the supports. 3) Load shall be applied to the cylinder at the rate of 500 pounds per minute until rupture occurs. 4) The modulus of rupture is equal to 3WL /2Bd2 W = Load of rupture L = Distance between supports B = Width of brick d = Thickness of brick (j) Mortar. The use of earth mortar is allowed if earth mortar material is of same type as the adobe bricks. Conventional lime /sand /cement /mortars of types M, S, N are also allowed. Mortar "bedding" joints shall be full SLUSH type with partially open "head" joints allowable if surface is to be plastered. All joints shall be bonded (overlapped) a minimum of 4 ". (k) Use. No adobe shall be laid in the wall until fully cured. (1) Foundations. Adobes shall not be used for the foundation or basement walls. All adobe walls, except as noted under Group M Buildings, shall have a continuous concrete footing at least eight inches (8 ") thick and not less than two inches (2 ") wider on each side that support the foundation walls above. All foundation walls which support adobe units shall extend to an elevation not less than six inches (6 ") above the finish grade. -15- (m) Tie Beams. 1) Concrete. Shall be a minimum of six inches (6 ") thick by width of top of wall. A bond beam centered to cover 2/3 of the width of the top of the wall by 6" thick shall be allowed for walls wider than 24 ". All concrete tie beams shall be reinforced with a minimum of two No. 4 reinforcing rods at each floor and ceiling plate line. All bond beam construction shall be in accordance with accepted engineering practices. 2) Wooden Tie Beam. Shall be a minimum of 6" walls thickness except as provided for walls thicker than 10" above. Wood tie beams may be solid in the six inch (6 ") dimension or may be built up by applying layers of lumber. No layer shall be less than one inch (1 "). (n) Wood Lintels. Shall be minimum in size six inches (6 ") by wall width. All ends shall have a wall bearing of at least twelve inches (12 "). All lintels, wood, or concrete, in excess of nine feet (9 shall have specific approval of the building official. The building official shall approve all wooden tie beams for walls thicker than ten inches (10 "). Wooden sleepers (gringo beds) in the same shape as the adobe unit shall be made of 2x4 stock material and shall be treated with wood preservatives. (o) Anchorage. Roof and floor structures will be suitably anchored to tie beams. Wood joists, vigas, or beams shall be spiked to the wood tie beam with large nails or large screws. -16- Fireplaces shall be secured to the wall mass by suitable ladder reinforcement such as "durowall" or equivalent. Partitions of wood shall be constructed as specified in Chapter 25, wood and metal partitions may be secured to nailing blocks laid up in the adobe wall or by other approved methods. All wood members within an adobe wall shall be treated or protected wood as specified in Standard No. 25 -12, or may be wrapped with an approved vapor (p) Plastering. All untreated adobes shall have all exterior walls plastered on the outside with Portland cement plaster, minimum thickness of 7/8" in accordance with Chapter 47. Protective coatings other than plaster are allowed, provided such coating is equivalent to Portland cement plaster in protecting the untreated adobes against deterioration and /or loss of strength due to water. Metal wire mesh minimum 17 gauge by one inch (1 ") opening shall be securely attached to the exterior adobe wall surface by nails or staples with minimum penetration of one and one half inch (1 1/2 "). Such mesh fasteners shall have a maximum spacing of sixteen inches (16 ") from each other. [All exposed wood surfaces in adobe walls shall be treated with an approved wood preservative before the application of wire mesh.] Alternative plastering systems shall be approved by the building official. EXCEPTION: Exterior patio, yard walls, etc. need not have Portland cement coating. (q) Floor Area. Allowable floor area shall not exceed that specified under Occupancy. Adobe construction shall be allowed -17- the same area as given in Type V -N construction. (r) Wall Insulation. All methods of wall insulation shall comply with the manufacturer's recommendations. [(s) Stop Work. The building inspector shall have the authority to issue a stop work order if the provisions of this Section are not complied with.] [(t)] Erection. 1) Handling. Stack adobe units on planks or platforms and protected adobes from moisture by covering with tarps, paper, or polyethylene sheets. Broken units and those with damage (2 inch maximum break or more than three surface cracks 1/8" in width and [3] 2 inches long) shall be discarded from the stock and not used. 2) Weather Conditions. Discontinue adobe - masonry construction when the ambient temperature is below 40 degrees Fahrenheit (4 degrees Celsius) or when the probability of such conditions could occur within 48 hours. Special conditions for cold weather laying shall be subject to prior approval by the architect or building official. Do not build upon frozen materials. Remove any work that has become frozen prior to resuming construction. In hot weather, protect concrete and cement mortar from drying too rapidly. (14) Section 2517(h) 7 of the U.B.C. is [hereby] amended by the addition of an exception to read as follows: EXCEPTION: In no case shall plywood or waferboard sheathing be less than [1/2] 7/16 ". 0": (15) Sec. 2907(a) of the U.B.C. is [hereby] amended by the addition of the following: All footings and foundations shall be installed on undisturbed soil or the builder shall present a certificate from a licensed engineer certifying that the soil is suitable for the intended use. (16) Section 2907(b) of the U.B.C. is hereby changed in Exception to read as follows: EXCEPTION 1: A one story wood or metal frame building not used for human occupancy and not over 120 square feet in floor area may be constructed with walls supported on a wood foundation plate when approved by the building official. 17) Section 2907 of the U.B. is further amended by the addition of the following paragraph: All footings and foundations shall bear on undisturbed soil or the building shall present, for the permit file, certification by a licensed engineer that the bearing capacity of the soil is suita for its intended use. [(16)] Table 29 -A of such code is [hereby] amended to read as follows: -19- TABLE NO. 29 A-- FOUNDATIONS FOR STUD BEARING WALLS MINIMUM REQUIREMENTS NUMBER THICKNESS OF WIDTH THICKNESS DEPTH OF FOUNDATION OF FOUNDATION OF OF BELOW NATURAL SURFACE STORIES WALL (Inches) FOOTINGS FOOTINGS OF GRADE AND FINISH (Inches) (Inches) GRADE (Inches) UNIT CONCRETE MASONRY 1 8 8 18 8 26 2 8 8 24 10 26 3 10 10 30 12 26 NOTES: Where unusual conditions or frost conditions are found, footings and foundations shall be as required in Section 2907(a). The ground under the floor may be excavated to the elevation of the top of the footing. [(17)] Section [3312(b)] 3314(a) of the U.B.C. is [hereby] amended to read as follows: [(b)] Exit Signs. At every required exit doorway and wherever otherwise required to clearly indicate the direction of egress, an exit sign with letters having principal stroke not less than 3/4 inch wide and at least 6 inches high shall be provided from all areas serving the occupant load specified in this subsection. In interior stairways the floor level leading directly to the exterior shall be clearly indicated. Exit signs shall be installed in all occupancies where serving an occupant load of 50 or more. Exception: Exterior exit doors which obviously and clearly are identifiable as exits need not be sign posted when approved by the building official. -20- [(18) Sec. 4401 of the U.B.C. is hereby amended by the addition of the following paragraph: A wrecking permit shall be obtained prior to commencement of any operations.] [ (19) ] (20) Sec. 4405 of the U.B,C.is [hereby] amended by the addition of a second paragraph to read as follows: Unless new construction upon the site of the demolished building is contemplated within ninety (90) days after the completion of wrecking operations, the person wrecking the same shall remove all underground utilities to the property line, except the water service line which shall be removed to the main. The contractor shall provide the Pueblo Regional Building Department with proof that all utilities have been secured in accordance with the requirements of the responsible utility companies. (21) Sec. 4409 of the U.B.C. is [hereby] amended by the addition of the following paragraph: After completion of the demolition work all trash, debris, and construction materials shall be removed from the site. Excavations shall not be backfilled with debris or construction materials, but, when approved by the building official existing structurally sound walls below grade and basement slabs may be left in place. When basement slabs are to be left in place, they shall be broken up or drilled in such manner as to allow proper drainage after they are backfilled. All holes, excavations, basements, cellars, and similar excavations shall be filled with granular material, thoroughly wetted and compacted, and the site -21- left in a clean, smooth condition. [Any unfilled excavations shall be completely surrounded by a substantial fence at least forty -two (42) inches in height except during time of actual wrecking or demolition operations.] [(21) Section 4410 is hereby added and shall read as follows: Dust Control. Dust shall be controlled in accordance with Health Department regulations and applicable City ordinance and resolutions relating to fugitive dust.] (22) Division 1 of Chapter 1 of the Appendix for the U.B.C. [1985] 1988 Edition is [hereby] amended as follows: Section 110(b) is amended to read as follows: Whenever a building or structure is enlarged, altered, repaired, improved, or renovated to the extent that more than one -half of the plumbing, electrical or mechanical systems, or more than one -half of the structural integrity will be affected, such system(s) [or] structure [or both ]must be brought into full compliance with the applicable provisions of the building code(s). If less than one -half of any system or less than one -half of the structural integrity is affected, the Building Official may still require full code compliance if a hazard exists in the building or structure which is being worked on. (23) Division II of Chapter 1 of the Appendix for the U.B.C. [1985] 1988 Edition is [hereby] amended as follows: Section 122 is amended to read as follows: Whenever a building or structure is enlarged, altered, repaired, improved, or renovated to the extent that more than one -half of the plumbing, electrical or mechanical systems, or -22- more than one -half of the structural integrity will be affected, such system(s) [or] structure [or both ]must be brought into full compliance with the applicable provisions of the building code(s). If less than one -half of any system or less than one -half of the structural integrity is affected, the Building Official may still require full code compliance to correct an existing unsafe, dangerous or hazardous condition. [(24) Chapter 12 of the Appendix of the U.B.C. 1985 Edition is amended by the deletion the adoption by reference of the plumbing section of the C.A.B.O. Code, 1983 Edition.] [(25)] (24) Chapter 32 of the Appendix of the U.B.C. [1985] 1988 Edition by the addition of a new paragraph [(6)] to Section 3212 which shall read as follows: This section shall apply only to roofs where the roof structure is supported by either engineered trusses or rafters of a size 2x6 or larger on a minimum of 16 inch centers, sized in accordance with span tables 25 -U -J -1 thru 25- U -R -14 inclusive. Roofs of lesser strength shall be allowed reroofs as follows: Asphalt shingle - [1] 2 overlay = 3 coverings total Wood shingles - [No] 1 overlay = 2 coverings total Wood Shake - No overlay = 1 covering total Built Up Roofs - Refer to U.B.C. Section 3211 (25) Section 104(e) of the U.B.C. is amended by the addition of the following: Temporary office units ( "units ") may be used while permanent office facilities are being constructed provid ed the following conditions are met: -23- 1. Units must be U.B.C. approved or inspected and approved by an ICBO certified inspector. 2. All required building permits for the units must be issued and all applicable regulations and ordinances then in effect be complied with. 3. The units must_ be removed within 15 days after the permanent office facilities have been substantially completed SECTION 3. Section 3, Chapter 2, Title IV of the 1971 Code of Ordinances is [hereby] repealed and reenacted with amendments to read as follows: 4 -2 -3: RESPONSIBILITY FOR DAMAGES: LIABILITY OF CITY The provisions of this Chapter will neither release nor discharge any person from any liability imposed by law for any injury to persons or damage to property caused by or resultin from the performance or failure to perform work or furnishing materials covered by this Chapter. Neither the City, the Pueblo Regional Building Department, nor any of its agents or employees will be held liable for any injury to persons or damage to property by reason of an inspection or failure to perform any inspection authorized or required by this Chapter or by the issuance or failure to issue a certificate of occupancy. SECTION 4 The purpose of the Uniform Building Code and Uniform Building Code Standards is to safeguard the public health, safety, property, and welfare by regulating and controlling the design, construction, quality of materials, use, occupancy, location, -24- alteration, maintenance and repair of all buildings and structures within the City of Pueblo. CV OM T t C A public hearing on the adoption by reference of the Uniform Building Code, 1988 Edition, with the 1989 supplement, and the Uniform Building Code Standards, 1988 Edition, will be held in the Council Chambers, City Hall, Pueblo, Colorado, at 7:30 p.m. on June 11, 1990. The City Clerk is directed to publish notice of this hearing as provided in section 31 -16 -203, Colorado Revised Statutes. SECTION 6 A certified copy of the Uniform Building Code, 1988 Edition, and Uniform Building Code Standards, 1988 Edition, will be file in the office of the City Clerk, City of Pueblo, at least fifteen (15) days before the hearing and may be inspected by any interested person during regular business hours. After the public hearing and adoption of the code by reference, copies of the code will be available for sale at the Pueblo Regional Building Department. SECTION 7 Non - liability. The adoption of this ordinance and of the Uniform Building Code shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this ordinance or said code. No person, firm, corporation, or other entity shall have any private right of action, claim or civil liability remedy against the City of Pueblo or the Pueblo Regional Building Department, or their officers, -25- employees or agents, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or said code. Nothing in this ordinance or in said code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the governmental Immunity Act, C.R.S. section 24 -10 -101 et seq., or to waive any immunities or limitations on liability otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or their officers, employees or agents. SECTION 8. If any part, section, subsection, sentence, clause or phrase of this Ordinance, the Uniform Building Code or the Uniform Building Code Standards is held to be invalid, such decision will not affect the validity of the remaining portions of this Ordinance, the Uniform Building Code or the Uniform Building Code Standards. SECTION 9 This Ordinance will become effective immediately upon final passage and approval. INTRODUCED May 14, 1990 By HOWARD WHITLOCK Councilperson APPROVED: ATTEST: Pr si ent of the Council 4te*k -26-