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A. The following sections of the International Building Code, 2018 Edition, are amended to read as follows:

1. Section 101.1, Title, is amended to read as follows:

101.1 Title.

These regulations shall be known as "The Town of Breckenridge Building Code" herein after referred to as "this code."

2. Section 101.4.3, Plumbing, is amended by deleting the last sentence that references the International Private Sewage Disposal Code.

3. Section 101.4.4, Property maintenance, is deleted in its entirety.

4. Section 102.6, Existing structures, is amended by removing the reference to the International Property Maintenance Code.

5. Section 103.2, Appointment, is amended to read as follows:

103.2 Building Official.

The Building Official is hereby authorized and directed to enforce all of the provisions of this code. However, such authorization and direction shall be neither an expressed nor implicit guaranty that all buildings and structures have been constructed in accordance with all of the provisions of this code, nor be deemed as any representation as to the quality of such buildings or structures in any manner.

6. Section 103.3, Deputies, is amended to read as follows:

103.3 Deputies.

In accordance with the prescribed procedures of this jurisdiction, the building official shall have the authority to appoint a deputy building official, related technical officers, inspectors, plans examiners and other employees. Such employees shall have the powers and duties as delegated by the building official.

7. Section 104.8, Liability, is amended by adding the following additional first paragraph:

The adoption of this code, and any previous building, construction and housing standard adopted by the Town of Breckenridge, shall not be deemed to give rise to a duty of care on the part of any public entity, public employee or agent, nor shall this code or any previous building, construction and housing standard be deemed to create any civil remedy against a public entity, public employee or agent.

8. Section 105.1.1, Annual permit, and Section 105.1.2, Annual permit records, are deleted in their entirety.

9. Section 105.2, Work exempt from permit, Item 11 is amended to read as follows:

Item 11. Swings and other playground equipment.

10. Section 105.5, Expiration, is amended to read as follows:

105.5 Expiration.

Every permit issued by the building official under the provisions of this code shall expire 18 months after the date of issue. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period 180 days after the time the work is commenced. The building official is authorized to grant, in writing, extensions of time, for periods of not more than 6 months. An extension shall be requested in writing and shall demonstrate justifiable cause for the extension.

11. Section 107.1, General, is amended to read as follows:

107.1 General.

Construction documents, special inspection and structural observation programs and other data shall be submitted in two sets with each application for a permit. A Colorado Licensed Design Professional shall prepare the construction documents. The Building Official may waive the requirement for a design professional when it is found that the nature of the scope of work is such that a design professional is not necessary to obtain compliance with this code. Where special conditions exist the building official is authorized to require additional construction documents.

12. Section 107.3, Examination of documents, is amended by adding the following paragraph:

The issuance or granting of a permit by the Town of Breckenridge, based on plans and specifications and other data, shall not prevent the subsequent requiring of the correction of errors or omissions in said plans specifications and other data and shall not be construed to be a permit for approval of any violation of any of the provisions of this code or any other law of the Town of Breckenridge.

13. Section 107.3.1, Approval of construction documents, is amended by replacing the words "reviewed for code compliance" with "approved for issuance of building permit."

14. Section 109.2, Schedule of permit fees, is amended to read as follows:

109.2 Schedule of permit fees.

On buildings, structures, electrical, gas mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the following Town of Breckenridge Building Permit and Inspection Fee Schedule:

TOWN OF BRECKENRIDGE BUILDING PERMIT AND INSPECTION FEE SCHEDULE

Total Valuation

Fee

$1.00 TO $500

$50.00

$501 TO $2,000

$50.00 for the first $500, plus $1.25 for each additional $100 or fraction thereof, to and including $2,000

$2,001 TO $25,000

$69.25 for the first $2,000, plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000

$25,001 to $50,000

$391.25 for the first $25,000, plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000

$50,001 to $100,000

$643.75 for the first $50,000, plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000

$100,001 to $500,000

$1,169.55 for the first $100,000, plus $6.73 for each additional $1,000, or fraction thereof, to and including $500,000

$500,001 to $1,000,000

$3,663.00 for the first $500,000, plus $5.34 for each additional $1,000, or fraction thereof, to and including $1,000,000

$1,000,001 and higher

$6,332.22 for the first $1,000,000, plus $3.90 for each additional $1,000 or fraction thereof

Other Inspections and Fees:

1. Inspection outside of normal business hours (minimum charge – two hours)

$65.00/hour

2. Re-inspection

$65.00/hour

3. Inspection for which no fee is specifically indicated (minimum charge – one hour)

$65.00/hour

4. Additional plan review required by changes, additions or revisions to plans (minimum charge - one hour)

$65.00/hour

5. For use of outside consultants for plan checking and inspections, or both

Actual cost

Electrical Permit Fees

Unit Area

Permit Fee

Not more than 1,000 sq. ft.

$120.00

Over 1,000 sq. ft., and not more than 1,500 sq. ft.

$168.00

Over 1,500 sq. ft., and not more than 2,000 sq. ft.

$216.00

Over 2,000 sq. ft.

$216.00 plus $9.60 per 100 sq. ft. or fraction thereof over 2,000 sq. ft.

All Other Fees: Except for inspection in mobile homes and travel parks, all other permit fees shall be computed on the dollar value of the electrical installation, including labor and material, and such fees shall be computed as follows:

Valuation

Permit Fee

Not more than $2,000.00

$120.00

More than $2,000.00

$9.60 per thousand or fraction thereof plus $120.00

Mobile homes and travel parks per space

$120.00

Additional plan review

$65.00 per hour or fraction thereof

Re-inspection on all above

$65.00

Temporary Power Permit

$65.00

Hot Tub Electrical Permit

$120.00

**Plan review fees – The plan review fees for electrical work shall be calculated as 65 percent of the electrical permit fee.**

All permits have a plan review fee of 65% in addition to the permit fee.

Hot tub permits fees are $125.25.

Work commencing before issuance of a building permit is subject to three times the permit fee.

15. Section 110.3.5, Lath, gypsum board and gypsum panel product inspection, is amended by deleting the Exception.

16. Section 110.3.11, Final inspection, is amended to read as follows:

110.3.11 Final Inspection.

The final inspection is to be made only after the finished grading and the building or structure is completed in accordance with the provisions on the International Building Code, technical codes and the town's Development Code, including flooring, tile, wallpaper, painting, trim, finish, and final cleaning. A security deposit may be posted for work required by the town's Department of Community Development, i.e., landscaping, exterior painting, and paving that cannot be completed as a result of prevailing weather conditions.

17. Section 110, Inspections, is amended by adding a new subsection 110.7, Re-inspections, to read as follows:

110.7 Re-inspections.

A re-inspection fee, as specified in the Town of Breckenridge Building Permit and Inspection Fee Schedule, may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Re-inspection fees may be assessed when the inspection records are not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, or failing to provide access on the date for which the inspection is requested, or for deviating from plans requiring the approval of the building official. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the re-inspection fees have been paid.

18. Section 111.1, Change of occupancy, is amended by adding the following sentence:

Certificates presuming to give authority to violate or cancel the provisions of this code or other town ordinances shall not be valid.

19. Section 111, Certificate of Occupancy, is amended by adding a new subsection 111.5, Certificate of Completion, to read as follows:

111.5 Certificate of completion.

A certificate of completion shall be issued for minor work not directly related to occupancy when such work complies with the provisions of this code and all other laws and regulations implemented by the code enforcement agency.

20. Section 202, Definitions, is amended by adding the following definitions with the alphabetical order of the existing definitions:

LOFT: A habitable room or floor in a building that is open to the room or floor directly below, which may or may not qualify as a mezzanine.

POTENTIAL SLEEPING ROOM: A room or space within a dwelling unit having a floor area of at least 70 square feet and a ceiling height of at least 5 feet, will be considered a sleeping room as follows:

In a building defined as a dwelling or lodging house, any space or room having two of the following factors shall be considered a sleeping room. In a building defined as an apartment house or hotel, any room or space having one of the following factors shall be considered a sleeping room:

a. Has walls and doors to separate it from other habitable spaces.

b. Meets the definition of a loft.

c. Has a closet or similar provision for clothes storage.

d. Has a full or partial bathroom connected to the space or room, or has a path of travel to a full or partial bathroom which does not first pass through a habitable space.

Rooms or spaces determined by these criteria to be sleeping rooms, regardless of any names, labels, or intended uses proposed by the building designer or owner, shall have emergency escape and rescue openings per the 2018 IBC Section 1030, smoke detectors per IBC Section 907, and carbon monoxide detectors per IBC Section 915.

Any alteration to the room or space previously mentioned will be required to be made permanent in nature. The elimination of doors or closets will be made in such a manner that the construction cannot be readily reinstalled.

UNFINISHED SPACE: A room or space within a dwelling unit with no interior partition walls, no gypsum board (unless required by code), no finishes (mud, tape, and/or paint) on areas requiring gypsum board, and no floor finishes.

CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device that is certified by the Air Pollution Control Division of the Colorado Department of Health or approved by the building official as meeting the emission standards set forth in Section IV of Regulation No. 4 of Volume I of the Colorado Air Quality Control Commission (EPA Phase II or III).

NEW CONSTRUCTION: For the purpose of section 2113 "new construction" is construction of a residential, commercial, industrial, agricultural or accessory building. This shall include any modifications, replacement or relocation of existing solid fuel burning devices. However, modifications to solid fuel burning devices shall not include repair, replacement or relocation of flue pipe.

SOLID FUEL BURNING DEVICE: Any fireplace, stove, firebox, or other device intended and or used for the purpose of burning wood, coal, pulp, paper, pellets or other non-liquid or non-gaseous fuel.

21. Section 420, Groups I-1, R-1, R-2, R-3 and R-4, is amended to add a new subsection 420.11, Sustainable Building Code, to read as follows:

420.11 Sustainable Building Code.

All residential (Type R) occupancies are to be LEED-H, ICC-700, Green Globes or certified through an alternate third party, approved by the building official.

22. Section 502.1, Address identification, is amended by changing the minimum required height from 4 inches to 5 inches.

23. Section 718, Concealed Spaces, is amended by adding two new subsections, 718.6, Factory-built fireplace enclosures, and 718.7, Factory-built chimney enclosures, to read as follows:

718.6 Factory-built fireplace enclosures.

Combustible construction enclosing factory built fireplaces with Class A chimneys shall be protected on the interior (fireplace) side by one-hour fire resistive construction.

718.7 Factory-built chimney enclosures.

Factory-built Class A chimneys shall be enclosed within a continuous enclosure protected on the interior (flue) side by not less than one-hour fire resistive construction.

Exception. The portion of the chimney located in the same room as the appliance and the portion of the chimney above the finished roof are not required to be enclosed. However, if they are enclosed, the interior of the shaft shall be protected by one-hour fire resistive construction.

24. Section 901.5, Acceptance tests, is amended by adding a new subsection 901.5.1, Special inspector required, to read as follows:

901.5.1 Special inspector required.

All fire protection systems required by this code shall be reviewed, inspected, and approved by a special inspector. The special inspector shall be an authorized representative of the RWB fire department or another qualified individual with prior approval of the building official. Approvals of special inspectors, inspections approvals, and reports by special inspectors shall be in accordance with Chapter 17 of this code.

25. Section 915.1, General, is amended by adding the following sentence:

Carbon monoxide detection shall also be installed in accordance with State of Colorado House Bill 09-1091, Article 45, Title 38, C.R.S.

26. Section 1010.1.9.4, Locks and latches, Item 2.2 is amended to read as follows:

Item 2.2 A readily visible sign is posted on the egress side on or adjacent to the door stating:

THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS.

The sign shall be in letters 1 inch (25 mm) high on a contrasting background.

27. Chapter 12, Interior Environment, is amended by adding a new section to read exactly as set forth in Appendix F, Radon Control Methods, of the 2018 IRC. This shall be applicable for R2 and R3 occupancies.

28. Section 1503, Weather Protection, is amended by inserting a new subsection 1503.6, Snow-shed barriers, to read as follows:

1503.6 Snow-shed Barriers.

Roofs shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, alleys, areas directly above or in front of gas utility or electric utility meters, or adjacent properties.

Exception: Roof areas with a horizontal dimension of no more than 48 inches (1219mm) that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface.

29. Section 1505.1 is amended to read as follows:

1505.1 General.

All roof coverings shall be Class A. Wood shakes and shingles are not permitted unless exempted for replacement or repair as defined in Section 1501.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking.

Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

Section 1505.1.1: Section 1505.1.1 is added as follows:

Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule.

Table 1505.1 is deleted.

Sections 1505.3, 1505.4, 1505.5, 1505.6 and 1505.7 are deleted.

30. (Rep. by Ord. 23, Series 2023)

31. Section 1507.1.1, Underlayment, is amended to read as follows:

1507.1.1 Underlayment.

A roof underlayment consisting of an approved self-adhering polymer modified bitumen sheet is required with all types of roof covering. The underlayment shall extend up the slope of the roof from drip-edge or eave to the roof peak. The underlayment shall cover the entire roof decking surface. In new construction the underlayment shall extend a minimum of 30 inches up the walls adjacent to the roof surface.

32. Section 1507.1.2, Ice barriers, is amended to read as follows:

1507.1.2 Ice dam protection.

An ice dam protection underlayment that consists of an approved self-adhering polymer modified bitumen sheet complying with ASTM D 1970 shall be used with all roof coverings. This ice dam protection underlayment shall extend up the slope of the roof from the drip-edge of the roof or eave and cover the entire roof decking surface. In new construction ice dam protection shall extend a minimum 30 inch up walls adjacent to the roof surface.

33. (Rep. by Ord. 23, Series 2023)

34. (Rep. by Ord. 23, Series 2023)

35. (Rep. by Ord. 23, Series 2023)

36. Section 1608.1, General, is deleted in its entirety.

37. Section 1608.2, Ground snow loads, is amended to read as follows:

1608.2 Snow loads.

The loads to be used in determining the design snow loads for roofs shall be 90 psf for roofs located at an elevation below 10,000 feet, and 100 psf for roofs located at an elevation of 10,000 feet or higher. There shall be no reduction in snow load for pitch or duration. Ground snow load is not to be utilized, and there is no ground snow load reduction. Snow load for decks and exterior balconies shall be as required for roofs.

38. Section 1612.3, Establishment of flood hazard areas, is amended to read as follows:

1612.3 Establishment of flood hazard areas.

The Town of Breckenridge flood hazard areas shall be as provided in Chapter 3 of Title 10 of the Breckenridge town code. The adopted flood hazard map and supporting data are adopted by reference and declared to be part of this section.

39. Section 1703.1, Approved agency, is amended to read as follows:

1703.1 Approved agency.

An approved agency shall provide all information as necessary for the building official to determine that the agency meets the applicable requirements. The RWB fire department shall be an approved agency for special inspection of fire protection systems required by this code.

40. Section 1704.2.3, Statement of special inspections, is amended by adding an additional Exception to read as follows:

Exception: Special inspection required by the RWB fire department of fire protection systems.

41. Section 1704.2.4, Report requirement, is amended by adding an Exception to read as follows:

Exception: Special inspection required by the RWB fire department of fire protection systems.

42. Section 1705, Required Special Inspections and Tests, is amended by adding a new Section 1705.19, Fire protection and suppression systems, and subsection 1705.19.1, Qualifications, to read as follows:

1705.19 Fire protection and suppression systems.

Fire protection and suppression systems shall have the design plans approved by a special inspector and the systems inspected and tested by a special inspector for compliance with the requirements of this code and the International Fire Code.

1705.19.1 Qualifications.

Special inspectors for fire protection systems shall have expertise in fire-protection and be approved by the RWB fire department. Special inspectors for fire suppression systems shall be fire suppression systems inspectors certified by the State of Colorado Division of Fire Safety and approved by the Fire Protection District.

43. Section 1809.5, Frost protection, is amended to read as follows:

1809.5 Frost protection.

Except where erected on solid rock or otherwise protected from frost, foundation walls piers and other permanent supports of buildings and structures shall extend to at least 40 inches below finish grade or be designed and built in accordance with ASCE 32. Footings 24 inches deep are permitted for decks only that do not support roofs and are less than 30 inches above grade. Footings shall not bear on frozen soils. Frost reports shall be required before placement of concrete from Nov. 1 through May 1, or if freezing temperatures occur, prior to Nov. 1 or after May 1.

44. Section 2113, Masonry Chimneys, is amended by adding the following subsections, 2113.21 Limitation on the type and number of devices, and 2113.22, Factory built chimneys, to read as follows:

2113.21 Limitation on the type and number of devices.

Solid fuel burning devices that are not certified are prohibited in new construction. The number of certified solid fuel burning devices that may be installed in newly constructed buildings shall be approved by the town's Department of Community Development.

2113.22 Factory built chimneys.

a. Factory built chimneys shall be supported at intervals not to exceed 10 feet by wall straps or equivalent.

b. Factory built chimneys shall have the outer wall of adjacent chimney sections fastened together by three sheet metal screws, installed approximately 120 degrees apart. Such fastenings shall be in addition to and not in lieu of those requirements mandated by the manufacturers' instructions, except when specifically prohibited by those instructions or the terms of their listing.

Exception: Where approved manufacturers' locking bands are used.

c. The points of termination of a factory built chimney shall not be within 10 inches vertically of the point of termination of any adjacent chimney or appliance vent within 24 inches horizontally. No factory built chimney shall terminate closer than 24 inches to combustible finish materials.

45. Section 2302.1, General. The first paragraph is amended to read as follows:

2302.1 General.

The design of structural elements or systems, constructed partially or wholly of wood or wood-based products shall be based on one of the following methods. The use of load duration factors for snow load shall not be permitted in any of these design methods.

46. Section 2303.1.11, Structural log members, is amended by adding the following paragraph:

All logs used in a structural capacity must be graded and marked by an approved grading agency, in conformance with DOC PS 20. In lieu of a grade mark, a certificate of an onsite inspection issued by a 3rd party lumber grading or inspection agency may be accepted.

47. Section 2303.1.12, Round timber poles and piles, is amended by adding the following paragraph:

All logs used in a structural capacity must be graded and marked by an approved grading agency, in conformance with DOC PS 20. In lieu of a grade mark, a certificate of an onsite inspection issued by a 3rd party lumber grading or inspection agency may be accepted.

48. Section 2308.7.13, Wood trusses, is amended by adding the following sentence:

Trusses shall be blocked at bearing points.

49. Section 2901.1, Scope, is amended by deleting the reference to the International Private Sewage Disposal Code.

50. Section 2902.1, Minimum number of fixtures, is amended to add the following paragraph:

An additional single-user toilet facility and bathing room shall be required where only separate sex facilities are provided. When this single-user toilet and bathing room requirement is applicable, the required separate sex toilet and bathtub/shower counts required by IBC Table 2902.1 is allowed to be reduced by one in the male and female toilet facility and bathing room.

51. Section 2902.1.2, Single-user toilet facility and bathing room fixtures, is amended to read exactly as follows:

2902.1.2 Single-User Toilet Facility and Bathing Room Fixtures.

The plumbing fixtures located in single-user toilet facilities and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by IBC Section 1109.2, shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified as being open for use to all persons, regardless of gender. A single-occupant restroom is one that contains only one toilet and a sink, or a toilet and urinal with a sink, and is intended for use by one occupant at a time. Family or assisted-use restrooms must also be designated as gender-neutral. All gender neutral bathrooms are to be signed accordingly.

52. Section 2902.2 Exception 2 is amended to read as follows:

Exception 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or less.

53. Section 2902.2, Separate facilities, is amended to add an additional Exception to read as follows:

Exception 5. Gender neutral single-user toilet facility and bathing room fixtures.

54. Section 3309.1, Where required, is amended to read as follows:

3309.1 Where required.

All structures under construction, alteration or demolition shall be provided with approved portable fire extinguishers as required by the RWB fire department.

55. Section 3311.1, Where required, is amended to read as follows:

3311.1 Where required.

Buildings four stories or more in height shall be provided with standpipes as required by the RWB fire department.

56. Section 3311, Standpipes, is amended by adding subsection 3311.4, Water supply, to read as follows:

3311.4 Water supply.

Water supply for fire protection, either temporary or permanent, shall be made available as required by the RWB fire department.

(Ord. 38, Series 2019; amd. Ord. 27, Series 2022; Ord. 23, Series 2023; Ord. 24, Series 2023)