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HomeMy WebLinkAbout1.0 Application• • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com RFC r D AUG 7 2007 GAN L 11 . 11 NTY BUILDING & PLANNING Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) Street Address / General Location of Property: O/=3•S' //EAi/-1E g. LA'v'&" GLcn11"10OD SpQ-ir4.s , C,0L.GRZAiYo Y Legal Description: /'ARcE1- S, CI-igisre. ..EiT V«ws SL4L4D/'//s%Cnr1 REcORbE) Ass REcE-PTICn/ No. L4 c3' , SECT Joni 0, 713t--✓niSrfrcf' <, SOci7Y, pAriGE 86 WEST of -TNG ell-( P. A-1 a, 6AK' FrEc-77 Lo un, Existing Use & Size of Property in acres: 8/w6c&" FAO') icy/ S. 4I Acr2es Description of Special Use Requested: Abb,-rrcnr OF 6/-i2AtE /V/ /J 6 AK" -A, k1TC_HL?'I t 'f .ETh ROarr1, 13 > Zone District:A :L C Y Name of Property Owner (Applicant): PA( -(L.. A 7EIvN r FGR CLC 6TWe ob Y Address: tat735 HE -4-7 R. LAN. Telephone: `7'0 `jos • ;Z3 3h Y City: C L6-- iV WoOb 5PRi^.I6 S State: Co Zip Code: z?f & C f FAX: 94-6-. 2---s-;•(e Y Name of Owner's Representative, if any (Attorney, Planner, etc): - Ack 1c/h10EL,ExZ /PI/ck 13A2i2j / A(ADP C..Y f Cf'/ > Address: W° F7k RuA1, s(-(/1 22--/ Telephone: 9-7cz • (-3;t7 -1 C_, '5 9 > City: BAS AL -7— State: CO Zip Code: R 162-i FAX: `5 2-.7 • (-;`399 Doc. No.: STAFF USE ONLY Date Submitted: TC Date: Planner: Hearing Date: • • . APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Please submit, in narrative form, the nature and character of the Special Use requested. Submit pldns and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would beused and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the ,ppropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and propbsed structures on the property, and the County or State roadways within one,; (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity' map showing slope / topography of your property, for which a U.S.G.S. • 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all propertyiowners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: • (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery • • of the lot and by location of intensively utilized areas, access points, fighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and planning/index.htm or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as foliows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. -- - 21092.99 qua 21 0' f4: QSg ICM up • • • c, The site shall be posted such that the notice is clearly and conspicuously vi ibie from s public right-of-way, with notice signs provideciby Ole Planning Department. i ns posting must take place at hast tttirty (30) but not t more an sixty tate oays the prior to the hearing date and is the• sole iof the applicant_._ ._ � t n . notice. and ensure that 't rerriains i unfit arse during the d of t hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Boarc will confider Vie request. to add. n, the Applicant snail provide proof, at tem tib{ that meat notice was proviceo. td the *wet.* _ Staff will pm e the 5. the Board makes e decision regarding Applicant with e. signed resolution memorializing the action taken by the Board. Fvlivwh the Scam's approval. this CAC* Wit issue the Sped Use Permit to the applicant. K the Board's approval includes specific C ndons et ap p 0Vai to o be mist, this offica will not iuue the Official Sjies Permit y#�, ;,S}is the app,:eont has satisfied all ; Clition: of approval. The Special Use Permit approval Is not finalized until this office has issued the Official Special Use Permit oartificate signed by the Chan tai eie Boeal ;,: County Cererniesienere. I ? ova read the statements above and have provided tne required attached information which is correct and accurete to the best of fny krcwted - ignatu = * applicant/owner) ) • Garfield County Paul and Jennifer Fleetwood Building and Planning Department 0735 Heather Lane 108 8th Street, Glenwood Springs Suite 401 Colorado, 81601 Glenwood Springs, Colorado, 81601 August 22nd 2007 RE: Special use Permit - Application Submittal Requirements for 0735 Heather Lane, Glenwood Springs, Colorado, 81601 1. The nature of the special use requested is: a. An addition to an existing house of a 2 car garage, a living area, a kitchen, a bedroom, a closet and a bathroom (see attached plans) • b. The proposed use for this addition is to provide housing for a family relative (grandmother) c. There will be one vehicle accessing the site on less than a daily basis d. The existing single family residence attached to the proposed addition is 3,079 square feet in area e. Provisions for all utilities including electricity, water, sewerage will be from the existing single family residence attached to the proposed addition 2. Water requirements: a. The amount of water expected to be used on a daily basis is more than 20 gallons, however less than 30 gallons. b. See attached "Water Allotment Contract" 3. Site Plan: a. See attached site plan 4. U.S.G.S. map: a. (See attached) 5. Adjacent Landowners: a. Dan and Renelle Lott; 0740 Heather Lane, Glenwood Springs, Co, 81601 b. Kevin and Helen McDevitt, 0687 Heather Lane, Glenwood Springs, Co, 81601 c. Dieter and Kathy Cantrup, 0745 Heather Lane, Glenwood Springs, Co, 81601 •— d. Ned and Kim Mechling, 0690 Heather lane, Glenwood Springs, Co, 81601 6. Deed and Legal Description of property: • • • • a. Deed and Legal description or property (See attached) 7. Agent for property owner: a. Acknowledgement from the property owner that a third party may act on their behalf (See attached) 8. Response to Section 5.03 of the Zoning Regulations: (1) Water supply already in place in the existing residence, which is attached to the proposed addition. Sanitation septic field already in place in the existing residence, which is attached to the proposed addition. (2) There is no intention at this stage to provide street improvements. (3) We do not propose to provide screen fences or landscape materials on the periphery of the lot If you have any further questions, please do not hesitate to contact: Audrey Tom 970 274 1757 audrey@icmgroupllc.com Nick Barry 970 309 5649 nick@icmgroupllc.com Jack Wheeler 970 319 8776 wheeler@icmgrouplIc.corn • • • AMENDMENT TO WATER ALLOTMENT CONTRACT RAS ALT WATER CONSERVANCY DISTRICT CRRISTELEIT SUBDIVISION HOMEOWNER'S ASSOCIATION CONTRACT NO. 205 WHEREAS, the Basalt Water Conservancy District (hereinafter the "District") granted Water Allotment Contract No. 205 dated November 9, 1992, (the "Contract") to Christeleit Subdivision Homeowner's Association (the "Applicant) for 0.23 cis (direct fow) and 3.4 acre feet (storage) to serve certain property described as follows: Section 30, Township 6 South, Range 88 West, 6th P.A. in Garfield County, Colorado. Lot F of the Christeleit Subdivision, Garfield County, Colorado; and WHEREAS, the Applicant has requested that the Contract be amended by increase of the storage water allotted thereunder from 3.4 acre feet to 4,2 acre feet. WHEREFORE, the Contract shall be and hereby is amended to provide that the Applicant shall be entitled to receive and apply to beneficial use 4.2 acre feet per year of storage water owned or controlled by the District. By acceptance of this amendment, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall Ile with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes set forth more fully in the Water Allotment Contract, crawiendc d, to the extent that this amendment i r ati enlargement of or change of the use of the Applicant's water rights plan adjudicated by the District in Case Nos. 98CW26 and 98CW89 (consolidated). Otherwise, the Amendment may be included in a water rights plan of augmentation to he filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that the inclusion of the Applicant's Amendment in the District's plan of augmentation shall be at the District's sole discretion. The District makes no warranty that it will secure approval of the plan. In the event the District includes the Applicant's Amendment in the District's application for a plan of augmentation, Applicant will provide such information and as"istanc" . including tcsttinicny'., as inay be ne ;i. d for idi tai approval of the pleat Di tr kt may establish an augmentation plan fee to be paid by the holder of any contract or amendment to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such contract or amendment in a District pian of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a contract holder exceeds the contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the contract holder. CAVIIP-00C LAASOOsiateleit,Aavolot OK Ma. JOS 1 1111 Except as herein expressly amended and modified, said Water Allotment Contract shall be and remain in full force and effect. • • Dated this day of ,1999. C1{R1STb LEIT St 4BDIVI SRJ N HOMEOWNER'S ASSOCIATION By: Name/Tita,,�*` The foregoing Amendment to Water Allotment Contract is approved by the Board of Directors of the Basalt Water Conservancy District on this 19th day of July, 1999. 13 Water Conservancy District Lg By: 7 iL-/.1-44xX411--- 2 Art Bowles, President • • • ORDER GRANTING ArpLICATION FOR ALLOTAILNT CONTRACT CIMISTELETT SUBDIVISION HOMEOWNER'S ASSOCIATION Application having been made by or on behalf of Christeleit Subdivision Homeowner's Association and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allot Contract for .23 cubic foot of water per second (being .033 cubic foot of water per second for each of seven lots) from the District's direct flow rights and 3.4 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant shall maintain hs Association in good standing and shall be ale for the ongoing payment of charges due under the approved Contract. Applicant shall give notice of the obligations of this Contract to purchasers of all or any part of the property served by this Contract. Applicant and its successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contest by present and future owners of all or any part of the real property served under this Contract. 2. The Applicant shall provide the District proof that tete proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. Any and all conditions imps upon the relmse and divcrs:c3n of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the Districts representation that the applicant will receive a well permit or water rights decree for the land to be benefitted herebv. 4. If Applicant intends to divert water through a well or wells, Applicant shall provide the Ilia a copy o. Appicant's valid well permit for each such well before the District is obligated to allot water for the benefit of Applicant or Applicant's numbers hereunder. s. All well permits issued on the basis of this Allotment Contract shall be applied for and issued in the name of the Applicant Homeowner's Association and the total amount of water allowed to be diverted under all well permits issued to the Association under this contact shall not exceed the total allotment of this Contract. •6. The Applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described on Exhibit "A" attached hereto. • • • • • 7. By aoxptance of this Contract Applicant acknowledges that within two years of the date herd or =oh later date the Distiict may approve, the Applicant sill file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water ailounent as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. Approved this day of , 1992. BASALT WATER CONSERVANCY DISTRICT Attest: By: By: Seem ;ry President • • BASALT WA's CONSERVANCY DISTRICT WATER ALLOTMENT CONTRACT Pursuant to C.R.S. 1973, 37-45-131 Christeleeit Subdivision Homeowner's Association (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-43-101, Ila seq., for an allotment Contract for beneficial use of water rights owned, lease, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. OUAI4TIT'Y: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use .23 cubic foot of water per second (bentg .033 cubic foot of water per second for each _of seven tots) from the District's direct flow rights and 3.4 acre feet per year of storage water owned or con lulled by the District. 2. SOURCE OF ALL Y TED WATT,: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water • rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PSE AND LOCATLON OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water sources, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are described as seven lots to be created by the subdivision of that real property described on Exhibit "A" attached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable governmental authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: Dotnestic/Municipal Industrial/Commercial Agricultural Other Applicant acknowledges that usage of the District's water tights as herein contemplated • shall be in lieu of or supplemental to Applicant obtaining or adjudicating, on its own, the right • to use certain waters. It is acknowledged that certain locations within the District may not be • ate to service solely by the District's water rights allotted hereunder or the Dishier s said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is inadequate, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and arm: served by water rights allotted hereunder shall be situated within the boundaries of the District. The District reserves Nye exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the Districea water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connecction with the allot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication necessary to allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Contract, Applicant shall bear only a pro -rata portion of such expenses. Applicant shall be solely responac'ble for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's benefice use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer • to estimate any ootiveyan e !oases between the original point anti any alternate point and such estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Applicant hereunder, the Applicant shalt give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. Payment of the annual fere shall be nom, in full, within fifteen (15) days after the date of a notice from the District that the payment is due. Said notice will advise the Applicant, among • other things, of the water delivery year to which the payment shall apply and the price which is applicable to that year. If a payment is not made by the due date, written notice thereat will -2- • be seat by the District to the Applicant at Applicant's address set forth below. If payment is not • made within thirty (30) days aim said written notice, the District may, atm option, elect to terminate all of the Applicant's right, title, or interest under this Cantlaci, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its &1 of Directors. In tete event water deliveries hereunder are made by or pursuant to agreement with some other person: corporation, quasi -municipal entity, or governmental entity, andin the event the Applicant fails to make payments as required hereunder, the District may, at its 301C option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in midi event neither the District rwr such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agrees that so long as this Contract is valid and in fora:, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harness the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis, 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be • beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lei of said Applicant without the prior written approval of the Board of Directors of the District. • In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant's rights hereunder only to a homeowners association, water strict, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract_ In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided, Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assienption of Contract obligations by assignees orad .suss rs, provided that such requirements shall uniformly apply to all alio tees receiving District service. The restrictions on assignment as herein contained shall not preclude the District from holding the Applicant, or any successor to the Appiicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. -3- • • 7. 1 $at : Applicant's rights under this Contract shalt be subject Oa the • Water Service Plan as adopted by the District and amended from fine to time; provides that such Water Service Plan shall apply uniformly throughout the Distract among water users receiving the same service from the District. Applicant shall also be bound by the provisions of 1M Water Conservancy Act of the State of Como, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on rile in the District Court in Water Division 3 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the occurratce of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGENT: Applicant shall enter into an *Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and detcmines that such an agreement is required by reason of addition or special services requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided • within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The Dim reserves the exclusive right to review and wove or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water ser rice provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and all amendments thereto, as the same exists upon the date of this application and allotment Contract. 12. NO: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownership in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. •13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted ooaservatinn practices with respect to the water and water rights allotted hereunder and -4- • • shall be bound by any ( ti vation plan hereafter adopted by the Distract, as the same may be amended from time to time. BY: STATE OF COLORADO COUNTY OF (1, e !r APPLICA Christel='t Subd1 Pre dent ss. 'GM Subscribed and sworn to before me this day of p f 4f/ , 1992, by as President of the Christeleit Subdivision Homeowner's Association. WITNESS my hand and official seal. My commission expires: My C *vim lac. 29, )W2 -5- • • ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT • CHRISTELEIT SUBDIVISION HOMEOWNER'S ASSOCIATION Application having been made by or on behalf of Christelcit Subdivision Homeowner's Association and all panes interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for .23 cubic foot of water per second (being .033 cubic foot of waw per second for each of seven ,ice) from the Digit's direct flow rights and 3.4 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: I. The Applicant shall maintain Its Association in good standing and shall be responsible for the ongoing payment of charges due under the approved Contract. Applicant shall give notice of the obligations of this Contract to purchasers of all or any part of the property served by this Contract. Applicant and its successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of mages due under the approve4 Contract by present and future owners of all or any part of the real property served under this Contract. 2. The Applicant shall provide the District proof that the proposed land use of the • land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. Any and all conditions imnposecl upon the re/ease and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. 5 shall be incorporated herein as a condition of approval of this oontrad. Granting of this allotment contract does not constitute the Districts rotation that the applicant will receive a well permit or water rights decree for the land to be benefitted hereby. • 4. If Applicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to allot water for the benefit of Applicant or Applicant's members hereunder. 5. All well permits issued on the basis of this Allotment Contrac.t shall be applied for and issued in the name of the Applicant Homeowner's Association and the total amount of water allowed to be diverted under all well permits issued to the Association under this contact shall not exceed the total allotment of this Contract. 6. The Applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described on Exhibit "A" attached hereto. ito • 7. By acceptance of this Contract Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmcntation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as pnovidixi in this Contract shall be included in a water rights pian of augmentation to be filed by the District with the expenses thereof to be shared prorate by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. Approved this y day of No U Q kmr , 1992. Attest: BASALT WATER CONSERVANCY DISTRICT By. e _ %1 � By: afar, 9`' 1 { , Secretary .president • • • • • AMENDMENT TO WATER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT CHRTSTFT.EIT SITR )JVTSTAN lOMFOwNFRWs .4cS(W1ATTON CONTRACT' NO, 127 WHEREAS, the Basalt Water Conservancy District (hereinafter the "District") granted Ater Allotment Contract NO. 1'. .7.1i4 e4iMarch 11, 1990, (the "Contract") to ohristoic:it Sub3d1vi tiJn Homeowner's Association (the "Applicant) for 0.2 cf3 (direct flow) and 3,2 acre feet (storage) to serve certain property described as follows: and Section 19, Township 6 South, Range 88 West, 6th P.M., all that part of Lot 8 laying southerly of CRI 19. Section 30, all of Lot 10, and that part of Lots 4, 5, and 6 laying southerly of CR 119, Garfield County, Lots A, B, C, D, E of the Christeleit Subdivision, Garfield County, Colorado; WHEREAS, the Applicant has requested that the Contract be amended by increase of the .,i...a i,,...,..,...a..4r....., z o Lill :del. VV i441 Oil -10114%A 4144.11.14.1.1141.4 Ui lU1.1.1.J31.iL 'trio, .LT dial [:.& CL. WHEREFORE, the Contract shall be and hereby is amended to provide that the Applicant stall be entitled to receive and apply to beneticiai use 3.6 acre feet per year of storage water owned or controlled by the District. By acceptance of this arendment.Applicant acknowledges that within two years ofthe date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a crater rights plan of a?;ompntatinn for t,tilivatinn hereunder at the location and for the purposes set forth more fully in the Water Allotment Contract, as amended, to the extent that this amendment is an enlargement of or change of the use of the Applicant's *idea- rigLis plan. adjudicated. by the E i trier in Case Nos. 9S W2u and 98C171/.89 (consolidated). Otherwise, the Amendment may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided That the inclu=sion of the Applicant's Amendment. in the District's plan of augmentation shall be at the District's sole discretion. The District makes no warranty that it will secure approval of the plan. In the event the District includes the Applicant's Amendment in the DiE rict's application for a plan of augmentation, Applicant will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District may e-stral�li,.la asa augmentation i fee to i . i. . the 1. holder 4,....+4 ,] 4 4.-, i.... .�cuvia_sa- rui plan fee k1: be paid L' the S:li1L3Li of ..iii contract Li iLti:'�i31S4:34 1. . :JL included within a plan of augmentation to be fled by the District, which fee shall be payable in advance of the inclusion of such contract or amendment in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such pian of augmentation. If such augmentation plan fee paid by a contract holder exceeds the contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the contract holder. twv-nocus,ur•.r . - .- l C.. No. In 1 • • 1 Except as herein expressly amended and modified, said Water Allotment Contract shall be and remain in full force and effect. Dated this day of ty , 1999. CHRISTELEIT STCBDTv'ISIXZ HOMEOWNER'S ASSOCIATION By: ame/Title:, '7fs-N 6 in ni-¼ 'aFt./Teela The foregoing Amendment to Water Allotment Contract is approved by the Board of Dif ectors tip;&4 14& ; 9-111 kkilf Of drat; 1999, (...117P.1XXIMAIIMILiosisillga.bii CM FE, Tr' By: Basalt Water Conservancy District Art Bowies, President • • • • AMENDMENT TO VY Al ER ALLOTMENT CONTRACT BASALT WATER CONSERVANCY DISTRICT i_iiRISTELEI i SU til31VV !MON HOMEOWNER'S ASSOCIATION CONTRACT NO. 127 WHEREAS, the Basalt Water Conservancy District (hereinafter the "District") granted Water Allotment Contract No. 127 dated March 12, 1990, (the "Contract") to Christeleit Subdivision Homeowner's A ssociatinn (the "Applicant) for 0.1 cf, (direct flow) .and acre feet (storage) 4i serve certain property described as follows: Seeti4n 1. 9, Township 6'South, Rat a ba West, 6th P.M., all that part 43L Lot 8 ieyiAg southerly of CR119. Section 30, all of Lot 10, and that part of Lots 4, 5, and 6 laying southerly of CR 119, Garfield County. Lots A, B, C, D, E of the Christeleit Subdivision, Garfield County, Colorado; and WHEREAS, the Applicant has requested that the Contract be amended by increase of the storage water allotted thereunder from 3.2 acre feet to 1-6 arm feet WHEREFORE, the Contract shall be and hereby is amended to provide that the Applicant shall be entitled to rec :.e .and apply to beneficial ,:sie 3.6 .f aeS = feet tli y 41#lZ3g,Ee j 4Yd.£Ct or controlled by the District. By ackmptance of this amendmentApplicant acknowledgesMat within two years o attic date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes set forth more fully in the Water Allotment t Contract, as amended, to the extent that this amendment is an enlargement of or change of the use of the Anplicant'C water rights plan ad udieatp4 by the Dirtrict in Cast: Nos, 98CW1� d 9SCWo9 ait'� 33_ 4ri,2t �:t �.. f: ru :tad Ji.. 1'i'a (consolidated). Otherwise, the Amendment may be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders inciu:.:,d in Jauru plsui; ptO i ld ilidl ilRe sllciisseCei! of the Applicant's s Anion hnent in the (.District's pun of augmentation shall be at the District's sole discretion. The District makes no warranty that it will secure approval of the plan. In the event the District includes the Applicant's Amendment in the District's application tor a plan ot. augmentation, Applicant will provide such information and assistance, including testimony, as may be needed for judicial approval of the plan. The District may establish an augmentation plan fee to be paid by the holder of any contract or amendment to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such contract or amendment in a District plan of augmentation and may be based on the District's good faith Pit mate of he anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a contract holder exceeds the contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augaleatatioa, Fiji Dist ii.t shall ('ditto stall cxecss to the txinttnnt holder. C WVtMK.v-w.ece.SWm,. seev.p., 117 • 1 • • • Except as herein expressly amended and modified, said Water Allotment Contract shall be and remain in f.1i1 force and effect. Dated this day of , 1999. By: CHRISTELEI`I' SUBDIVISION HOMEOWNER'S ASSOCIATION Sir's iaamerritie: inc foregoing Amendment to Water Allotment Contract is approved by the Board of Directors of the Basalt Water Conservancy District on this 19th day of July, 1999. 2 Basalt Water Conservancy District Art Bowles, President 110 BASALT WATER CONSERVANCY DISTRICT IMPORTANT if you divert water from a groundwater source (well)you . . �must provide the District with a copy of a valid well permit from the State Engineer's office. Without evidence of a pthe permit, District can not request release of water from Ruedi Reservoir for your benefit. When a valid permit is obtained, lease provide P the District with a copy. Remember, if we do not have evidence of a valid permit, your •structure will be considered "inactive" and water can not be released for your benefit. Send Permit Information to: Resource Engineering, Inc. 909 Colorado Avenue Gipnwnnd Springs, Colorado 81601 Questions: Scott Fifer, Resource Engineering, Inc. (303) 945-6777 • • • • BASALT WATER CONSERVANCY DISTRICT WATERA1;1 nT NT CONTRACT Pursuant to C.R.S. 1973, 37-45-131 The Applicant, Christeleit Subdivision Homeowner's Association (hereinafter "Applicant") has applied to the Basalt Water Conservancy District (hereinafter the "District"), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, et sea., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: 1. OUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall_ be entitled to receive wnd apply to beneficial use 0.2 cubic foot of water per second from the District's direct flow rights and 3.7 acre feet per year of storage water owned or controlled by the District. 2. SOURCE Of ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, Landis Canal, Stockman's Ditch Extension, or other demos or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District from which the Applicant's allotted rights shall be obtained. The Applicant's use of any of the District's water • rights shall be subject to any and all terms and conditions imposed by the Water Court on the use of the Distit's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall u mtutc full pei`fursnnfite of the Distric tivlivt ry 4l liga{ioot, Deiivety of wafer from the U*JLiisra+• afitimeat. eight. le ituA.dl $rrggt+►eir *hell by Oubj.Ot to the Dietrict'e 1 S 31 Contract with • J f y 40. ltti�--' '.1'l�#�-f•'j.•e�- ►- �f�►1.+ !110. M . .e ruk tyiy1ilC11.10.414►/jili-ri ►ir.►a• 11• ov-4,i. �!SU 4,4,r . si 'i Eoo+�i h Ltles,.ti;u . itis.soo I ,e • a i4 *'.:.w l+tfds41L4. .s t or • • to use certain waters. It is acknowledged that certain locations within the District may not be • susceptible to service solely by the District's water rights allotted hereunder or the )ietriet'e said water rights may not satisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of the District's allotted water rights, or in the event said service is iltaati uaic, Applient may, utilize sw h other water rights, by way of supplementing the District's water rights, or otherwise, as is necessary to assure water service sufficiently reliable for Applicant's intended purpose or purposes. All lands, facilities and areas served by water ngttts allotted hereunder shah to situated within the boundaries of the restrict. The District reserves the exclusive right to review and approve any conditions which may be attached to judicial approval of Applicant's use of the District's water rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with the allot- ment of waterrightshereunder, including, but not limited to, reimbursement ttar of legal and engineering costs incurred in connection with th and y water rights adjudication necesJto allow Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant to this Conti'act, Applicant shall bear only a pro-raUi portion of such expenses. Applicant shall be solely responsible for providing works and facilities, if any, necessary to utilize the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees, may call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer 4111 to estimate any conveyance losses between the originn."in' point and any aiteraat . point and sui;.h estimate shall be deducted from this amount in each case. The District, or anyone using the District's decrees, may call on any additional sources of supply that may be available at an alternate point of diversion, but not at the original point of diversion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the water allotted to Appli nt hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops and adjudicates an augmentation plan to utilize the water allotted hereunder, Applicant shall not be obligated to bear or defray any legal or engineering expense of the District incurred by the District for the purpose of developing and adjudicating a plan of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District copies of such plan and of all pleadings and other papers filed with the Water Court in the adjudication thereof. 4. PAYMENT. Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directors of the District for such service. The ilnithi annual pa -Jim -ern &'all be made, in all, within 15 4 -lays ater the date of a notice from the District that the initial payment is due. Said notice will advise the Applicant, among other • things, of the water delivery year to which the payment shall apply and the price which is • applicable to that year. Annual payments for a "h year dice flee shalll be made by the Applicant on or before each March I. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payrnent is not made within ten (10) days after said written notice, the District may, at its option, elect to terminate all of the Applicants right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. • • In the event water deliveries hereunder are made by or pursuant to agreement with some other pei"i3on, ^.vi a^aau'v'an, q " v=ia ii icipal e fity, or governmental entity, and in he event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION .OFFUNDS: The Applicant agrees that so tong as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for disiontiniuxice in service due to the failure of Applicant to maintain the payments herein required on a current baXis. 6. ESEN1FIT OF CONTRACT: The water night allotted hereunder shah be beneficially used for the purposes and in the manner specified herein and this Contract is for the exclusive benefit of the Applicant and shall not inure to the benefit of any successor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or iiiote uses of the waiter right allotted hereunder, the Applicata tidy assign the Applicant's rights hereunder only to a homeowners association, water district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shall the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirements as the District may hereafter adopt regarding assignment of Contract rights and the assumption of Contract obligations by assignees and successors, provided that such requirements snail uniformly apply 3 • • to all allottees receiving District service. The restrictions on assignment as herein contained shall preclude Dish from holding the Applicant, he App not the ara.auai� a'ii7aaa t3oadaaat, uaa. or any �u%►.s4:,isi to the :z}j}i:t+r+ittt, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of the mrd of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used, together with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Cease No. 80 CW '�� on �le in the District Court in Water Division No. 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out -of -house municipal and domestic water demands upon the oevurrence of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTj 4N F QR MENT: Applicant shall enter into an *Operation and Maintenance Agreement" with the District if and when the Board of Directors • finds and determines that such an agreement is required l±y reason of additional or special ser rices requested by the Applicant and provided by the District or by reason of the delivery or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and €ulatiot s of the Board of Directors or said Disiriet. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or disapprove any proposed change in use of the water right allay hereunder. r. Any use other than that set forth herein or any lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. 11. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that certain Resolution passed by the Board of Directors of the District on September 25, 1979, and ail amendments thereto, as the same exists upon the date of this application and allotment Contract. 4 • • • 12. NO FEE TITLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or owferip in or to any of the water or water rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limitations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rights allotted hereunder and shall be bound by any conservation plan hereafter adopted by the District, as the same may be amended from time to time. STATE OF COLORADO ) COUNTY OF GARFIELD ) APPLICANT: CHRISTELEIT SUBDIVISION HOMEOWNER'S __ASSOCIATION 7-ifirc aee 944, Win. Type Nialne Address: P. O. Box 681 Glenwood Springs, CO 81602 ss. Subscribed and sworn to before me this St)' day of WITNESS my hand and official seal. My commission expires:'` -1- ?� 5 1990. C--% /t Notary Public 1 • CORRECTED ORDER GRANTLNG APPLICATION FOR ALLOT 'NT CONTRACT CHRISTELEIT SUBDIVISION ITOMEOWNEKSASSOCIATION Application having been made by or on behalf of Christeleit Subdivision Homeowner's Association and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for 0.2 cubic foot per second of water from the District's direct flow rights and 3.7 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on half of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as tem speci.u��b�s payment therein z� and .11i33j=i to the following specific conditions: 1. The Applicant stead provide the District proof that it is a homeowner's association incorporated as a non-profit corporation under the laws of the State of Colorado or such other entity as is acceptable to the district which shall be responsible for the on going payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall turd such notice in the records of the Clerk and Recorder of Garfield County, Colorado. Applicant and his • successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges due under the approved Contract by present and future owners of all or any part of the real property served under the Contract. 2. The Applicant shall provide the District proof that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. The applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described as follows: • Lots A, B, C, D, E and F, Christeleit Subdivision, Garfield County, Colorado. BASALT WATER CONSERVANCY DISTRICT By:� aA, President 1 • Property Owners Dan And Renelle Lott 0740 Heathei° Lane Glenwood Springs, CO 81601 Kevin And Helen McDevitt 0687 Heather Lane Glenwood Springs, CO 81601 Dieter and Kathy Cantrup 0745 Heade; Lane Glenwood Springs, CO 81601 • Ned and Kim Meehling 0690 Deather Lane Glenwood Springs, CO 81601 • e Reception # for the deed Book 1681, pg 229-230, #'s 672731,672732 • • i 1111i1 IIiII 1111111 1111 111 11111111 11111 111 11111 1111 1111 r Filed for record t 672731 04/22/2005 01:11P 81681 P229 M ALSDORF M. RECORDER..` Reception No. 1 of 1 R 6.00 D 44.20 GARFIELD COUNTY CO 3y DEPUTY. WARRANTY DEED THIS DEED, Made on this day of April 21, 2005 , between BERNARD J. STEGMAN AND MARY A. STEGMAN of the County of and State of COLORADO , of the Grantor(s), and PAUL FLEETWOOD AND JENNIFER PARK whose legal address is : 735 HEATHER LANE GLENWOOD SPRINGS, CO 81601 of the county of GARFIELD and State of COLORADO , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ( S442,000.00 ) *** Four Hundred Forty Two Thousand and 00/100 *** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: PARCEL 5 CHRISTELEIT VIEWS SUBDIVISION AS PLAT RECORDED JULY 20, 1995 AS RECEPTION NO. 466033 COUNTY OF GARFIELD STATE OF COLORADO also known as street number 735 HEATHER LANE GLENWOOD SPRINGS CO 81601 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained : premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,): bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, €: subject to general taxes for the year 2005 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section 8a (Title Review) of the Contrast to Buy and Se1I Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of whish Grantees) has actual knowledge and which were accepted by Grantees) in accordance with Section 8b (Matter. not Shown by the Public Records) ane Section 8o (Survey Review) of the Contrast to Buy and sell Real Estate relating to the above described zeal property/ Ei inclusion of the Property within any special tax district/ and, the benefit and burdens of any declaration and party wall ' agreements, if any and other MONS The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WiTNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. . ? By: - 1 r,I. BERNARD J. STEGMAN ,'+0 e. .R ,-.- By: i W 1 � max . s N or c .c STATE OF COLORADO ) ��?? )ss. County of _F ---1--r,' Sc) ) The foregoing instrument was acknowledged before me on this day of April 21, 2005 , by BERNARD J. STEGMAN AND MARY A. STEGMAN My commission expires—,/440C? Witness my hand and official seal. � y Public : Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow# C8245975 When Recorded Return to: PAUL FLEETWOOD AND JENNIFER PARK Title# GTF245975 735 HEATHER LANE GLENWOOD SPRINGS, CO 81601 Form 96 08/29/04 WDJT1 WARRANTY DEED (Joint Tenants) Printed: April 15, 2005 (1520166) • 466937 QUIT CLAIM DEED )11'111994 GANMELD St; 70(, Fr . THIS DEED, Made this day of July, 1994, between Peter J. Christeleit and Linda L. Christel?it of the County of Garfield and State of Colorado, grantor(s), and Christeleit Subdivision Homeowners` Association whose legal address is P.O. Box 691 Glenwood Springs, R1F•n7 of the County of Garfield and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ten dollars and other good and valuable consi.deraLl ons the receipt and sufficiency of which is hereby acknowledged, have remiF-ed, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: All of Grantors interest in Basalt Water Conservancy District Water Allotment Contract No. 127 dated May 30, 1990 and all attendant interest in any water rights or decree of Augmentation related to said water service contract. An undivided 5/12 interest in all pipelines, water pump, water tank, pump house and other personal property which is a part of the community water system serving the Christeleit Views Subdivision and Colorado Division of Water Resources Well Permit No. 042574 issued June 23, 1993. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and tehoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above. STATE OF COLORADO, County of Garfield ete —44: Christelei' Linda Lc thriste-leit The foregoing instrument was acknowledged before me this / - day of July, 1994, by Peter J. Christeleit and Linda L. Christeleit. My commission expires: l /f Witness my hand and official seal. vG� r,, Notary Pubic THE - ITED STATES AI/TEAICA CertificateTo alI to Whom those Presents shall come, GREETINGS g/(0 ha 9 deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at �s-- 2-"�= -�"""' whereby it appears that full payment has been made by the said according to the provisions of the 4ct of Congress of the 2 th of 4pril,.1820, entitled "4n 4ct making further pro- vision for the sale of the Public Lands," and the acts supplemental ,thereto, for 1U 74 16‘'''''',"l,p�. C- 7e �,, -fit ---/ 4,3-..-- 0./v1-214 "`� "amu �s-6,...--c..<3 , i G �.�r �C ��:. 7 2 -'"`moi /2---):',,/Lc-vim.f�, Of 11c �fc L s according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by. the Surveyor General, which said Tract has been purchased by the said_ Now Know Ye, That the United States of ✓lmerica, in consideration of the prernffes,: gtd'in,.,pplfformity with the several 4cts of Congress in such case made and provided, have given a r t �[ [ C a. 1zd,g an eda, cfnft by #�hpse presents do give and grant unto the said and to krr �,• , # it,,u heirs, the said Tract.�bove described; To Have and to Hold the same, together with all the rights, privileges, immunities and appurtenances,:of f what oe S. veynatj;tN tlterglynto. Pelonging, uniq.the said and to�,.. heirs and assigns g forever; subject to any vested . and accrued water) rights for ening, agri- cultural, naanufacturing or other purposes, and rights to ditches and . reservoire used in connep¢ion 444ih seek water rights as may be recognized and acknowledged by the local customs, laws and decisions of :Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore here ro p t same be found topenetrate� f �'%e sh,�u�d the 1.4,_- be fo. to �d. G in sect the premises hereby granted, as provided b law • a -.'4,7,„:::,--"---"-"- _&._,:z_ -7 �: °� 'd , ' TS 6Bf3S]lfLII� dd``�'hmYeaS, I,..____74-,,,,,_,„ 6 • e - - J a-_ ts. u .� r �� -- w- C�, om✓ have caused these letters to be made �—Presl6aul of lhe.�ailed S(al�.o(America, patent, and the Seal of the General Land O ' Office to be ' 3eereuntp . mixed. Given under my hand, at the City of Washington, the day of `"'` 4___ , in the year of our Lord,one thousand eight hundred and__ , and of the Independence of the,United [8 E A L] States the one hundred and ._f{iL�. ........- y� _ Gw/ BY THE PRESIDENT. "62--V-7/-4-,-- ������ � 0j___.‘F ref e_ //�� By --y1i _-/-1:_-="- • Secretary. - Q_--1.---- ,-- ______ .Recorder of the General Land Office. AG GENE+4 Recorded, Vol._., -__a Page Fled for Record the !� day of /1. D. i8/1r,, By Deputy, Oa all to rr; THE UNITED STATES OF •ERICA GLENWOOD SPRINGS...4 G._y..gs.`.. X oa i s"� ltom tlyar 3regent8 Gterting: WHEREAS, a certificate of the Register of the Lend Office at Glenwood Springs, Colorado, has been deposited in the General Land Office whereby it appear that pursuant o they Act 01Q�`oogress of May 20, 1862, "To secure Ifomeateada to Actual Settlers on the Public) Doman' and the acts supplemental thereto the claim of established end ___ly come has been ratabfisbed and duly tomo m conformity to law, for the t - 4-4- a,,..7- e — >z,y yrt- -s-/, ate. .t , /6"4"/4-/Lo-yt S--/4 , t ti ;!/ i r, o • according to the Official Plat of the Survey of the said Land, returned to the General Land Office by the Surveyor General. AIWA, "T' OW YE, That there is, therefore, granted by the United States unto the said claimant t re hove described. '` TO 11AVE AND TO HOLD The said tract of land, with the appurtenances thereof unto the mid claimant and to the heirs and assigns of the said claimant forever; subject to any vested and accrued water riglua for mining, agricultural, mauufactoring or other purposes, and rigbta �� �hce and voice used in connection with such coat m may be recognised and 4nowlad cal cuatowa and Cour is reserved froiu th l�udd eb rained a right of way t mreon for 'tchea or canals eoatructed b thea only. of l del tales +,(.w -Ci' I A¢'IE'.Y PONY WHEffE I;_ Lt,.,..t "' ' President of Clic rated tea of erica, fl oo lave use these Ictteto be made patent, and the S. ,, cncru and Office to a mere itn affixed. GIVEN under my hand, at the City of Washington, the _.lwfiu.G]_'-%.e (say of yi 4tj in the year of our Lord (SEAL) one thousand nine hundred and__,...4.8... -Pres"� eetr,,and of the Independence of the Uufted SW. the Ona btmdred and- -7 -Li-R.24 �f14-11—d�tr..�J.U' �4�i4:1:S.ti BY THE PRESIDENT___ By_. . , ..__ / � s .- c1=-7 Z;tf} Secretary. 61/"_2_r__ Recorder of the General Laud Office. Y Recorded, Patent Number ../..7.....1, .3- ✓- 2 Filed for record the i ,5 -- day of /J A. D, 191.7., al it ("--� ' ..:.as By Recorder. Deputy. 78r9.' THE UNITED STATES OF AMERICA GLENWOOD SPRINGS_l1fe.2.%_ Oa all to Mara these 3lrriiercto ?`hull Trimr, Grreting: WHEREAS, a certificate of the Register of the Land Office at Glenwood Springs, Colorado, hen been deposited in the General Land Office whereby 1t u a peathat m pursuant to the Act of Congreof May 20, 1862, "To aware Homesteads to Actual Settler on the Public Domain" and the acts supplemental thereto the claim Of -__'�'�;' _s{!_•rJerl has been established and duly co1L4umma ed'in conformity to law, for the Z'� 2.t12-47/ according to the Official Plat of the Survey of the said Laud, returned to the General Land Office by the Surveyor General. NOW KNOW YE, That there is, therefore, granted by the United Staten unto the said claimant he said Tract above described. TO HAVE AND TO HOLD The said trent of hand, with the appurtenances thereof unto the said claimant nd W the heirs and assigns of the said chtitnant forever; subject to any vested oud accrued water rights for miring, agricultural, manufacturing or other [rurpoeea, and rights o ditches and reservoirs used in connection with such water rights an may be recognised and acknowledged by the local =stoma, laws and 400141one of [:porta, and there le eservel from the lands hereby granted a right )0 14141.19--""t"" the on for ditchea oracanals constructed by the authority of the United States, IN TdilO 'TESTIMONY WHEREON, I,___ r' 14141lA--rete President .of the United Staten of America, bare caused Owe letter to be made patent, and the Seol of the General Land Office to be hereunto affixed. GIVEN under my hand, at the City of Washington,tie_ . I4S�%�4f=mss( ay of- af2.•21sFtaive./V in the year of our Lord one thoonand nine hundred and Cd1.yt(_ and of the Independence of the United Stales the 0110huodred and___ (SEAL) BY '('HE PRISIDENT__t%�-d-¢t�( e" f�`� By__ Secretary. Secretary. , • R-'-nctn.Lt� Recorder of the General Land Office. Recor ed, Patent Number __..r..1.1-11 '/ By A. D. 181., at .. Recorder. Deputy. • We, Paul and Jennifer Fleetwood, allow Jack Wheeler, Nick Barry, andior Audrey Tom to act on our behalf in all matters affected aur property at: ) 0735 Heather Lane, GWS, CO 81601. Please call if you have any questions or concerns. 971=94 =f ioU, MA/RA g 0-1 • • To Whom It May Concern: Please let it be known that the Christeleit Views Subdivision recently had an HOA meeting on Thursday, Sept 6,2007 regarding our addition. 6 of 7 homeowners: were present and 5 of 6 voted in favor of our building, with a single dissenter because of the affect on her view of Sopris. We are happy to provide signatures if this expedites the process. Homeowners present at the meeting were as follows The Mechlings-0690 Heather Lane -in favor The Lotts-0740 Heather Lane -in favor The McDevitts-0687 Heather Lane -in favor The Fleetwoods-0735 Heather Lane -in favor The Carlsons-0486 Heather Lane -in favor The Cantrups- 0745 Heather Lane -opposed The Weipkings-0385 Heather Lane -not present Respectfully submitted, Jennifer Fleetwood ---1J2171-Lo-erc, 0/1 • • To Whom It May Concern: Please let it be known that within the Christeleit/Christeleit Views Subdivision(near vicinity of the property) there are at least 3 other homes with attached or unattached apartments located at the following addresses. Smith Residence -Heather Lane(unsure of # on Heather Lane -4 lots down) Tuttle Residnece-0226 Heather Lane( 2 lots down) Cantrup Residence -0745 Heather Lane- adjacent neighbor I am writing this letter in an effort to demonstrate that our addition would be similar to how other properties are used in the area. Respectfully submitted, Jennifer Fleetwood Lvt, -,62-eta)-0-0j To Whom It May Concern: Please let it be known that we, Paul and Jennifer Fleetwood, currently have a 1000 gallon septic tank on our property. We are willing to take steps to add a larger septic system/tank if it is deemed necessary or required in order for us to complete our addition. Please contact with any questions. 970-948-7160 Respectfully submitted, Jennifer Fleetwood —41-edaYtTOC) • m 3Va • . • 0I833 8 J 8L09E & :8 LOW/6Z /80 _1X5.F-`_.. ,"r 'r • GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit 25 i 4 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Phone (303) 945-8212 • INDIVIDUAL SEWAGE DISPOSAL PRMIT PROPERTY Assessor's Parcel No. This does not constitute a buitidi �g or use permit. �� Troy ierrll' ` 1121 Grand, G.S. 928-9640 Owner's Name _ Present Addrrss Phone System Location 0735 Heather Lane, Christeleit Views, Lot 5, Glenwood Springs Legal Description of Assessor's Parcel No, SYSTEM DESIGN N `,-- /,sag( Septic Tank Capacity (gallon) Other Y' J % FYI fSI''Percolation Rate (minutes inch) Number of Brooms (or therl 3 Required Absorption Area - See Attached 5 2'I- _Giii/l-1:0I7-e3Fe v,,lf -,F-- ?pedal Setback Requirements: `Date I 46 Inspector OFINAi\SYSTEM ISPECTION AND APPROVAL (as installed) Call for tnspectio (24 hours notice) Before Covering Installation System`k►stallerAf L Septic Tank Capacity____ 6-r z_ Septic Tank Manufacturer or Trade Name Septic Tank Access within 8" of surface /4475 lt«,sr ffMO Absorption Area �� a4".5 ` O /E -Sett .//201.4-• //2G . � 7-‘97,94 Cl Absorption Area Type and/or Manufacturer or Trade Name _I/YELLER/7 /al, Adequate compliance 5 //mpliance with County and State regulations/requirements Other V x To 6:v6;e Date ] ! 7 Inspector 0I4 K� •CONDITIONS: 1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter 25, Article 10 C.R.S. 1973. Revised 1984. 2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con- nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a requirement of the permit and cause for both legal action and revocation of the permit. 3. Any person who constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application o1 permit commits a Class I, Petty Offense ($500.00 fine — 6 _months In Jail or both). RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE white - APPLICANT Yeikrw - DEPARTMENT • • INDIVIDUAI.SI:WA(iE DISPOSAL SYSTEM APPLICATION •WN ER 77,S'0 ;' TF/j''/ ((. ADDRESS // 2 / C ,t' .6/e -A/11,0 049 PITONE - 6". VO CONTRACTOR ADDRESS /° rd 7c) r ASPEN .Co f/er/.2PHONI 3r'71 - d/.7 V PERMIT REQUEST FOR NEW INSTALLATION ( ) ALTERATION ( ) REPAIR Attach separate sheets or report showing entire area with respect to surrounding areas, topography of area, habitable building, location of potable water wells, soil percolation test boles, soil profiles in test holes (See page 4). IOCN lQ�l OF PROPOSED FACILITY- COUNTY C/ie ; e/� Near what City or Town G'/ PA/ add jjl .446-7S_ Size of Lot s. y/.2 4 L Legal Dcsctiption or Address L n4 # /yce 4,{ GA4" T WASTES TYPE: ) DWELLING ( ) TRANSIENT USE ( ) COMMERCIAL OR INDUSTRIAL ( ) NON-DOMESTIC WASTES ( ) OTHER - DESCRIBE BUILDING OR SERVICE TYPE: /ref/dt0i✓1/l1 Number of Bedrooms 3 Number of Persons / Garbage Grinder ( ) Automatic Washer 044 Dishwasher AniSOURCL ANP TYPE OF WATER SUPP1,yi b() WELL. ( ) SPRING ( ) STREAM OR CREEK Wive depth of alt wells within 180 feet of system: A% A If supplied by Community Water, give name of supplier C ,e/('/- Sf z"-%+ivc`-/T SiROIIND CONDITIONS - Depth to bedrock: Depth to first Ground Water Table Percent Ground Slope DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM: Was an effort made to connect to community system? ( ) YES ( ) NO TYPE OF INDIVIDUAL SEWAGE DISPOSAL, SYS'ITiM PROPOSED: (X) SEPTIC TANK ( ) AERATION PLANT ( ) VAULT ( ) VAULT PRIVY ( ) COMPOSTING TOILET ( ) RECYCLING, POTABLE USE ( ) PIT PRIVY ( ) INCINERATION TOILET ( ) RECYCLING, OTHER USE ( ) CHEMICAL TOILET ( ) OTHER - DESCRIBE FINAL DISPOSAL BY: ABSORPTION TRENCI 1, BED OR PIT ( ) EVAPOTRANSPIRATION ( ) UNDERGROUND DISPERSAL ( ) SANT) FILTER ( ) ABOVE GROUND DISPERSAL ( ) WASTEWATER POND ( ) OTHER -DESCRIBE WILL EFFLUENT BE DISCI -LARGED DIRECTLY INTO WATERS OF THE STATE? 2 /Vei • PERCOLATION TEST RESLJLTSeo be completed by Registered Professio Engineer) Minutes Minutes • per inch in hole No. 1 per inch in hole No. 2 Minutes per inch in hole No. 3 Minutes per inch in hole No. Name, address and telephone of RPI; who made soil absorption tests: Name, address and telephone of RPC: responsible for design of the system: Applicant acknowledges that the completeness of the application is conditional upon such further mandatory and additional tests and reports as may be required by the local health department to be made and furnished by the applicant or by the local health department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with niles and regulations adopted under Article 10, Title 25, C.R.S. 1973, as amended. The undersigned hereby certifies that all statements wade, information and reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and correct to the best of my knowledge and belief and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. 1 further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by taw. •igned Date /0 - 5 PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY!! 3 1111 iTIFI'IVAPJiAPO I Ill Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 1 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 16th day of June, 2008, there were present: John Martin Tresi Houpt (Absent) Larry McCown Deborah Quinn Jean Alberico Ed Green , Commission Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. - 2008-87 RESOLUTION CONCERNED WITH THE AMENDMENT OF RESOLUTION NO. 2004-86 AND RESOLUTION 2004-101, REGULATION OF FUTURE CONSTRUCTION AND ALTERATIONS OF DWELLINGS, BUILDINGS, AND STRUCTURES, TOGETHER WITH PLUMBING AND ELECTRICAL INSTALLATIONS THEREIN, OR IN CONNECTION THEREWITH, AND THE ADOPTION OF PORTIONS OF THE FOLLOWING CODES: 2003 INTERNATIONAL BUILDING CODE (IBC), 2003 INTERNATIONAL RESIDENTIAL CODE (IRC), 2003 INTERNATIONAL MECHANICAL CODE (IMC), 2003 INTERNATIONAL PLUMBING CODE (IPC), 2003 INTERNATIONAL FUEL GAS CODE (IFGC) and the 2006 INTERNATIONAL ENERGY CONSERVATION CODE (IECC). WHEREAS, Garfield County, Colorado, is a legal and political subdivision of the State of Colorado, and is organized pursuant to the Constitution and Laws of the State of Colorado; WHEREAS, pursuant to Section 30-28-204, C.R.S. 1973, as amended, the Board of County Commissioners of Garfield County, Colorado, is authorized to amend an adopted Building Code for the unincorporated areas of Garfield County; WHEREAS, the Board of County Commissioners of Garfield County, Colorado, did on September 13, 2004 duly adopt and enact the Garfield County Building Code, Resolution No. 2004-86, and on October 18t, 2004 duly adopted and enacted the Correction of Resolution No.2004-86 under Resolution 2004-101 providing for the regulation of construction or alteration of dwellings, buildings, and structures, together with plumbing and electrical installations therein, or in connection therewith; 1 X111 K F,V1VVKli,N i,t ll1 11111 Recept ionti : 752001 07/10/2008 09:25:03 AM Jean Rlberico 2 of 55 Rao Fee:$0.CO Doc Fee;0.00 GARFIELD COUNTY CO Colorado Revised Statues 30-28-211, which requires every board of county commissioners that has adopted a building code to adopt an energy conservation code; WHEREAS, a public hearing was held before the Board of County Commissioners of Garfield County, Colorado, on June 16, 2008 at the Garfield County Commissioners' Hearing Room, 108 8th Street, Glenwood Springs, Colorado, at which time and place, the public was invited to make statements for or against adoption of the proposed energy conservation code and amendments to the existing building codes; including amendments to permit fees; WHEREAS, the above public hearing was duly advertised in accordance with Colorado Revised Statute 30-28-204 at least 14 days prior to the public hearing; WHEREAS, at the above public hearing the Board of County Corrunissioners did approve amendments to the Garfield County Building Code Resolution of 2004; and adoption of the energy conservation code; WHEREAS, the Board of County Commissioners also approved amendments to the fee schedule Exhibit B that was attached to Resolution No. 2004-101; WHEREAS, the Board of County Commissioners of Garfield County, hereby finds that adoption of the proposed Building Code is in accordance with public health, safety, morals and general welfare and safety, protection and sanitation of such dwellings, buildings and structures, in the unincorporated areas of Garfield County; WHEREAS, the Board of County Commissioners of Garfield County, Colorado, determines that all previous building codes of the County should be repealed and a new Code enacted for the purpose of providing for the orderly incorporation of the aforesaid energy conservation standards, as well as other amendments to the prior Building Code deemed to be appropriate since its enactment; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the following be and hereby is adopted and enacted pursuant to Title 30, Article 28 of the Colorado Revised Statutes of 1973, as amended, as the Garfield County Building Code Resolution of 2008. SECTION I -TITLE The resolution may be cited for all purposes as the "Garfield County Building Code Resolution of 2008", or the purpose of brevity, the "2008 Building Code," and may be referred to herein as "this Resolution." This Resolution shall include those codes set forth below as adopted by reference with amendments. SECTION II -PURPOSE The provisions of this Resolution are made with a reasonable consideration of, and in accordance with a plan designed to promote the public health, safety, morals and general welfare, 2 3111 11111 Reception#: 752001 07!10/2008 09:25:03 AM Jean Alberico ' 3 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO and the safety, protection, and sanitation of the dwellings, buildings, structures, and equipment, regulated hereby in Garfield County, Colorado. SECTION III -SCOPE The provisions of this Resolution shall apply to the future construction or alteration of all dwellings, buildings, and structures in the entire unincorporated area of Garfield County, Colorado together with plumbing, mechanical, and electrical installations therein or in connection therewith. Buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry shall be excepted from regulations under this Resolution. Where in any specific case, different sections of this Resolution, the Zoning Resolution or other resolutions of Garfield County or other governmental body specify different requirements, the most restrictive shall govern. SECTION IV - ADOPTION OF INTERNATIONAL CODES The Board of County Commissioners adopts by reference all of the provisions of the 2003 International Building Code (IBC), 2003 International Residential Code (IRC), 2003 International Mechanical Code (IMC), 2003 International Plumbing Code (IPC), and the 2003 International Fuel Gas Code (IFGC), and the 2006 International Energy Conservation Code (IECC) except to the extent modified and amended as set forth in Exhibit "A" attached hereto. The above -referenced International Codes, collectively, shall be referred to and known as the "Garfield County Building Code of 2008." Fees related to permits are outlined in Exhibit "B" and are hereby adopted. SECTION V -REPEAL OF PRIOR CODE The Board of county Commissioners herby repeals the Garfield County Building Code of 2004 as adopted in Resolutions 2004-86 and 2004-101 SECTION V - EFFECTIVE DATE This Resolution shall become effective on the, 7th day of July, 2008, and all Building Permit Applications submitted on or after this date shall be subject to all of the provisions of this resolution, including but not limited to any fee schedule changes. Dated this l_ day of ' A.D. 2008. ATTEST: 3 GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO ierk of the Board Upon motion duly made and seconded thlution was ado following vote: Chaitutan Martin Commissioner McCown Commissioner Houpt STATE OF COLORADO County of Garfield ) )ss ) 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2008 County Clerk and ex -officio Clerk of the Board of County Commissioners 4 t — 0 aE U z z U 0 U O J it.=� W LL LT 00 2 CC0 L.0 Q0 n • a Qco KD 11111 Reception#. 752001 07(1012008 09:25:03 AM Jean Alberico 5 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A -- Alteration to International Codes I. RULES OF CONS I"RUCTION A. Appendices and Tables Adoption by reference of the below stated Codes shall include the appendices and tables published in each Code volume unless specifically deleted by the adopting language. B. Substitution of Terminology Wherever the word "ordinance" appears in the adopted Codes the word "resolution" shall be substituted therefore; similarly, the word "County" shall be substituted for "City" or "Municipality"; "Board of County Commissioners of Garfield County, Colorado" shall be substituted for "City Council", "appointing authority", "chief appointing authority of the municipality", and Director of Public Works"; "County Building Official" shall be substituted for "Administrative Authority"; and "Board of Review" shall be substituted for "Board of Appeals". In any case, the International Codes adopted herein shall be read and construed in the context of application to a County factual situation. IL 20.03 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS (I.R.C.) A. Additions and Modifications: The following Sections of the I.R.C. are adopted subject to the following additions or modifications: 1. Section R101.I is amended to read as follows: R101.1 Title. This resolution shall be known as the Residential Code for One - and Two -Family Dwellings of Garfield County, Colorado and shall be cited as such, and will be referred to herein as "this code". This code shall apply to all of the unincorporated area of Garfield County, Colorado 2. Section R101.2 is amended to read as follows: R101.2 Scope. The provisions of the International Residential Code for One- and Two -Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures. 3. Section R102.7 is amended to read as follows: 5 /1111 Receptian#t: 752001 07/1012005 09:25:03 AM Jean Rlberlco 6 of 55 Rec Fee.$O.00 Doc Fee:0.00 GARFIELD COUNTY CO R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or as is deemed necessary by the building officialfor the general safety and welfare of the occupants and the public. 4. Section R104.1 is amended to read as follows: R104.1 General. The Building Official is hereby authorized and directed to enforce all of the provision of this code; however, a guarantee that all building and structures have been constructed in accordance with all of the provisions of this code is neither intended nor implied. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 5. Section R104.8 is amended to read as follows: R104.8 Liability. The adoption of this code, and any previous codes adopted by Garfield County, 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 codes be deemed to create any civil remedy against a public entity, public employee or agent. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate, acting in good faith, shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 6. Section R105.1 is amended to add the, following subsections: R105.1.1 Reroofing permit. A permit is required to reroof a residence. 7. Section R105.2 is amended to read as follows: R105.2 Work exempt from permit. Permits shall not be required for the 6 1111 EY P'11`lNIA11,11A,Ri l,taY, Mill Pi 11111 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 7.of 56 Rec Fee:$0.00 Doc Fee:0.00 GARFIELO COUNTY CO following. 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 the provisions of this code or any other laws or ordinances of this jurisdiction. a. One-story detached accessory structures used as a tool and storage sheds or playhouses, provided the floor area does not exceed 200 square feet. b. Fences not over 6 feet high used for non-agricultural uses and any fence built for agricultural purposes that is a post and wire construction. c. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. d. 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 2 to 1. e. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. f. Prefabricated swimming pools that are less than 24 inches deep. g. Swings and other playground equipment accessory to one- and two-family dwellings. h. Window awnings supported by an exterior wall. i. Recreational cabins as defined herein. 8. Section R105.3.1.1 Substantially improved or substantially damaged existing building in areas prone to flooding is deleted. 9. Section R105.5 is amended to read as follows: R105.5 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not comrnenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Permits must pass a required inspection during every 180 day period after each inspection in order not to be considered suspended or abandoned. On expired permits, before such work can be recommenced, a re -issued or new permit shall be obtained. The fee for a re -issued or new permit shall be one-half the permit fee of the original permit, provided no changes have been made in the original plans and specifications for such work, and further provided that such suspension or abandonment has not exceeded one year. Changes in plans and specifications shall require an additional permit fee and plan review fee as described in section R106 and section R108. Any nullified permit where the suspension or, abandonment have exceeded one year will require the permittee to pay a new permit fee plus plan review fee. III A P1Tli 'i,Hli,141 L 11111 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 8 of 55 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Any person holding an unexpired and valid permit may apply for an extension of time to commence work, return to work or complete work under that permit by submitting a written request describing good and satisfactory reason for such extension. This request shall be received prior to the date on which the original permit expires or becomes null and void. An extended permit is valid for 180 days from the date of the extension, does not require compliance with codes adopted since the original permit was issued, and does not require payment of new fees. No permit shall be extended more than twice. When a permit has expired or been nullified and a new addition of the building code has been adopted, the original plans shall be reviewed and required to comply with the current code. The permittee shall pay a new plan review fee based on the current projected valuation plus the applicable fee listed above 10. Section R106 is amended by adding a new subsection to read as follows: R106.1.1.1 Proof of water and sewer. The applicant shall provide documentation that water and sewer taps have been obtained from the appropriate utility district when the property will be served by the district 11. Section R106.1.3 Information for construction in areas prone to flooding is deleted. 12. Section R106.2 is amended by adding the following: R 106.2 Site Plan. Any site plan for the placement of any portion of a structure within 50ft.of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyor's signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the envelope. 13. Section R107 as written is deleted and replaced with the following: R107.1 Temporary housing. The building official may allow a home owner/builder to place temporary housing in the form of a self contained mobile home, camper or recreational vehicle; or properly placed mobile home connected to an approved individual sewage disposal system, during active construction of a permanent home. R107.2 Occupancy. Temporary housing shall be; inhabited by the owner/builder to which the approval has been given; located at a construction site 8 Reception#: 752001 07/10/2008 09.25:03 AM Jean Alberico 9 of 55 Rec Fee:$0.00 Doc Fee;0.00 GARFIELO COUNTY GO for which a building permit has been issued and is currently unexpired; and, provided with a water supply and sanitation system approved by the building official. R107.3 Approval validity. The approval is valid while the building permit is valid and occupancy will be discontinued upon final inspection or invalidation of the building permit. 14. Section R108 is amended to read as follows: R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for the permit shall be paid as required, in accordance with the attached Exhibit B, building permit fee schedule. 15. Section R108.4 is amended by adding a subsection: R108.4.1 Work commencing before permit issuance. Work being done without a permit will be subject to a fee or penalty equal to the permit fee. This fee or penalty is in addition to the permit and plan check fees. 16. Section R108.5 is amended to read as follow: R108.5 Refunds. The building official is authorized to establish a refund policy. The building official may authorize refunding of all or a portion of the permit fee paid when no work has been done under a permit issued in accordance with this code. Any portion of the permit retained shall be based on actual costs incurred by the county. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 17. Section R109 is amended to read as follows: RI09.1.3 Floodplain inspections.— This subsection deleted. R109.3 Inspection requests. It shall be the duty of the person doing the work, the owner, contractor or subcontractor to know that the building or structure has a valid permit and to notify the building department when work is ready for inspection. Upon conviction, a fine will be assessed to the person doing the work, the owner, contractor or subcontractor if work is being done without a permit and the inspection is not requested per section R109. It shall be the duty of the person doing the work, the owner, contractor or subcontractor requesting any inspections required by this code to provide access and means for inspection of such work. Such request for inspection may be in writing or by calling the 24-hour automated 9 1111 Pm iltilli PitYA 1N 1111 Receptlontt : 752001 07/10/2008 09:25:03 AM Jean A1berico 10 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO telephone answering system. R109.5 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. 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 failing to provide access on the date for which the inspection is requested or deviating from the approved plans. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the reinspection fee has been received by the building department. 18. Section R110 is amended to read as follows: R110.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the County, and all conditions of issuance have been met, the building official shall issue a certificate of occupancy which shall contain the following: a. The building permit number. b. The address of the structure. c. The name and address of the owner. d. A description of that portion of the structure for which the certificate is issued. e. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code. f. The name of the building official. g. The edition of the code under which the permit was issued. h. If an automatic sprinkler system is provided. i. Any special stipulations and conditions of the building permit. 19. Section RI 11 is amended to read as follows: R111.1 Connection of service utilities. . This subsection deleted. R111.2 Temporary connection. This subsection deleted. 20. Section RI 12 is amended to add the following: In Sec R112 and where ever in this code there is reference made to Board of Appeals, it shall be amended to read Board of Review. R112.2.1 Determination of substantial improvement in areas prone to 10 1111 IA FITANIV 11111 Recept i on# : 752001 07/10/2008 09:25:03 AM Jean A1berico 11 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO flooding. This subsection deleted. R112.2.2 Criteria for issuance of a variance for areas prone to flooding. This subsection deleted. 21. Section RI 13 is amended to read as follows: R113.1 Unlawful acts. Any person as defined herein (Section R202) who erects, constructs, reconstructs, remodels, enlarges, alters, repairs, moves, improves, converts, demolishes, equips, uses, occupies, or maintains any building or structure, or any part of a building or structure, in the unincorporated area of Garfield County or causes the same to be done, contrary to or in violation of any provisions of this code, or any provisions of part 2, article 28, title 30, C.R.S., 1973, as amended shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $100.00, or by imprisonment in the county jail for not more than ten days, or both by such fine and imprisonment. Each and every day during which such illegal erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, enlarged, altered, repaired, moved, improved, converted, demolished, maintained or used in violation of this code or of any provision of part 2, article 28, title 30, C.R.S., as amended, the District Attorney of the district, the Board of County Commissioners of Garfield County, or any owner of real estate within the area subject to this code, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use. 22. Section R202 is amended by adding the following definitions within the alphabetical order of the existing definitions. a. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. Excluded from the definition of agricultural building are structures enclosing indoor riding arenas with an occupant load of 10 or more. b. BUILDING. Building shall mean any one -and two-family dwelling., Minimum building dimension is (20) feet wide and twenty (20) feet long. 11 1111 VX31 ,T' ��'(�u�'1 �,1�� 4l��:t 41. �>� 1111 Recep t ionic : 752001 • 07/10/2008 09:20:03 AM Jean Alberico 12 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO c. BEDROOM. A room which is designed as a sleeping room, a loft, a mezzanine in Group R occupancies or a room or area that can be used as a sleeping room and contains a closet. d. CERTIFICATE OF OCCUPANCY. A written notification from the building official to the property owner that the work covered under the permit is complete and the permit is closed. e. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having just one kitchen. f. FACTORY BUILT BUILDING. A building which is assembled in a facility that has been approved by the State of Colorado, built to the building plumbing and mechanical codes as adopted by the Colorado Division of Housing, with the work performed at the facility inspected by and bearing the Colorado Division of Housing identification label. g. FIRE DEPARTMENT OFFICIAL. The chief officer of any of the fire protection districts within Garfield County, or the chief officer's authorized representative. h. HEIGHT, BUILDING. See Garfield County Zoning for building height restrictions. i. KITCHEN. A room or area that is designated to be used for the cooking and preparation of food, which contains one or more standard size kitchen appliances or fixtures. j. MANUFACTURED HOME. A single family dwelling which is partially or entirely assembled in a factory, is not less than twenty feet in width and twenty feet in length, is installed on an permanent foundation, has a brick, wood or cosmetically equivalent exterior and a pitched roof, is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et esq., as amended, and bearing the H.U.D. identification label. Installed and set up as required in the set up manual supplied with the manufactured home. k. PERSON. A natural person or any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state or the United States government. Singular includes plural, male includes female. 12 111111WOMMATANAINCYVVYai 11111 Reception#: 752001 07/10/2008 08:25:03 AM Jean Alberico 13 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. RECREATIONAL CABINS. A residential structure with no more than 1200s.f. of floor area on the main floor and being a maximum of 25ft. to the peak of the roof from the ground floor and intended to be occupied as a dwelling for no more than six (6) months within any calendar year for recreation and/or leisure use; not to be used for commercial purposes; that has no direct access from a maintained public or private road to the recreational cabin, and the direct access requires at a minimum, a private vehicle to have the four-wheel drive engaged for at least one-half mile when the recreational cabin is accessible by road. One recreational cabin is allowed on a legally created parcel. m. USEABLE SPACE UNDER FLOORS. Useable space is that space under the first story between the underside of the floor joist or floor truss and the ground below which exceeds 46 inches at any point. n. WET BAR. An area of a room that is designed to be used for serving of alcoholic and non-alcoholic beverages, that may have a single bar sink and no standard size kitchen appliances such as a stove, oven, dishwasher or full sized refrigerator. 23. Section R301 is amended to add as follows: Table R301.2(1) Roof snow load — as determined by Garfield County snow load based on elevation: To 7000ft. 40psf 7001 to 8000ft 50psf 8001 to 9000ft 75psf 9001 to 10,000 100psf Potential unbalanced accumulations of snow at valleys, parapets, roof structures and offsets in roofs of uneven configuration shall be considered. Minimum snow loads are in pound per square foot of horizontal projected area. All snow load roof designs are to be designed and stamped by a Colorado registered professional engineer or architect. WIND SPEED — 90MPH Exposure B or C See Sec. R301.2.1.4. SEISMIC DESIGN CATEGORY — B WEATHERING PROBABILITY FOR CONCRETE — Severe FROST LINE DEPTH — 36 in. to 8000ft. of elevation. 42 in. over 8000ft. TERMITE INFESTATION PROBABILTY — None to slight 13 ■111 t�Y�".���'4�Y�[."�d 14 � �,4r 7411.14 :i#li 111111 Reception# 782001 07/l012408 09:25:03 AM Jean Alberich 14 of 55 Rec Fee:SO.00 Doc Fee:D.00 GARFIELD COUNTY CO DECAY PROBABILTY — None to slight WINTER DESIGN TEMPERATURE — minus 2 to 7000ft.; minus 16 over 7000ft. of elevation ICE SHIELD UNDER-LAYMENT REQUIRED -- Yes AIR FREEZING INDEX - 2500deg F -days to 7000ft. elevation; above 7000 Ft. to be determined by Building Official. MEAN ANNUAL TEMP — Variable 24. Table R301.5 is amended to add as follows: TABLE R301.5 Foot note g. Uncovered decks and balconies shall be designed to a uniformly distributed live load as shown or the design roof load whichever is greater. 25. Section R305.1 is amended to read as follows: R305.1 Minimum height. Habitable rooms, hallways, corridors, bathrooms, toilet rooms, laundry rooms and basements, finished or unfinished, shall have a ceiling height of not less than 7 feet. The required height shall be measured from the finish floor to the lowest projection from the ceiling. Exceptions: 1. Beams and girders spaced not less than 4 feet on center may project not more than 6 inches below the required ceiling height. 2. Not more than 50 percent of the required floor area of a room or space is permitted to have a sloped ceiling less than 7 feet in height with no portion of the required floor area less than 5 feet in height. 3. Bathrooms shall have a minimum ceiling height of 6 feet 8 inches over the fixtures and at the front clearance area for fixtures as shown in Figure R307.2. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 8 inches above a minimum area 30 inches by 30 inches at the showerhead. 26. Section R306 is amended by adding a new subsection to read as follows: 19 111 ELW.IlliN IV AVM 11111 Reception : 752001 07(10/2008 09:25:03 AN Jean Alberico 15 of 55 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO R306.5 Sanitation at construction sites. Toilet facilities shall be provided for construction workers and such facilities shall be conveniently located and maintained in a sanitary condition. The facilities shall be available from the time the first work is started until the certificate of occupancy is issued. 27. Section R309.2 is amended by adding a new subsection to read as follows: R309.2.1 Gypsum board separation shall be continuous around and behind all surface membrane penetrations in separation walls or ceilings. 28. Section R309.5 is hereby repealed in its entirety. 29. Section R310.1 is amended to read as follows: R310.1 Emergency escape and rescue required. Basements and every sleeping room, loft, mezzanine in Group R occupancies, or a room or area that can be used as a sleeping room and contains a closet shall have at least one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room, but shall not be required in adjoining area of the basement. Where emergency escape and rescue openings are provided, they shall have a sill height of not more than 44 inches (1118mm) above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency. escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below adjacent ground elevation shall be provided with a window well in accordance with Section R310.2. 30. Section R323 Flood -resistant construction is hereby repealed in its entirety. 31. Section R403.1 is amended to read as follows: R403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, wood foundations, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section R301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils or engineered fill. Except where erected on solid rock or otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures larger than 120 square feet in area or 10 feet in height shall extend to at least 36 inches below finished grade, and 15 1111 MiiYMlY'11IM iiRkl iMiYta�4 ■1(11 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 16 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO spread footings of 8 inches thick by 16 inches wide minimum size shall be provided to properly distribute the load within the allowable load-bearing value of the soil. Alternatively, such structures shall be supported on piles where solid earth or rock is not available. Garfield County will not inspect the drilling, reinforcement and placement of caissons. A qualified engineer must perform this inspection. Findings must be detailed in a typed, stamped report to the building department. Footings shall not bear on frozen soils. Concrete footings shall include a minimum of two #4 reinforcement bars to be tied continuously and spaced a minimum of three inches from the ground and equally within the footing. Dowels shall be 1- 44 4ft. long with an 8in. hook placed 36in. on center. Footings shall be so designed that the allowable bearing capacity of the soil is not exceeded, and that differential settlement is minimized. The minimum width of footings shall be 16 inches. Exception: 1. Unless designed and sealed by an engineer or architect. 2. Monolithic, thickened slabs with detached garages. 32. Section R403.1.1 is amended to read as follows: R403.1.1 Minimum size. Spread footings shall be at least 8 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing. Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figures R403.1(2) and R403.1(3). 33. Section R403.1.3.1 is amended to read as follows: R403.1.3.1 Foundations with stemwalls. Foundations with stemwalls shall be provided with a minimum of 2- #4 top and bottom of wall and 1-#4 18in. O.C. vertical and horizontal for wall up to 8 ft. in height. Walls over 8 ft. shall be designed and sealed engineered design. 34. Section R403.3 is amended to read as follows: R403.3 Frost protected shallow foundations. For buildings where the monthly mean temperature of the building is maintained at a minimum of 64 degree F, footings are not required to extend below the frost line when protected from frost by insulation in accordance with Figure R403.3(1) and Table R403.3. Foundations protected from frost in accordance with Figure R403.3(1) and Table R403.3 shall not be used for unheated spaces such as porches, utility rooms, garages and carports, and shall not be attached to basements or crawl spaces that are not maintained at a minimum mean temperature of 64 degree F. Minimum Air Freeze index for Garfield County for frost protected shallow foundation design is 2,500 F -days. Materials used below grade for the purpose of insulating footings against frost 16 •®111 FIFIMAir:ililr'4 'iNli.1 lVfri:ip '41l1i ®1111 Receptiontt: 752001 07/10/2008 09:25:03 AM Jean Alberioo 17 of 55 Rec Fes:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO shall be labeled as complying with ASTM C578. 35. Section R408.6 is hereby repealed in its entirety. 36. Section R408 is amended by adding a new subsection to read as follows. R408.7 Vapor retarder ground cover. A vapor retarder ground cover shall be of 6 mil polyethylene, or an approved equal with a rating of 1 perm or less. The vapor retarder shall cover the entire ground area within crawlspaces in accordance with the following: 1. The vapor retarder shall be overlapped six inches minimum at joints and shall extend over the top of pier footings. 2. The edges of the vapor retarder shall be turned up a minimum of four inches at the stem wall. 3. Penetrations in the vapor retarder shall be no larger than necessary to fit piers, beam supports, plumbing and other penetrations. 37. Section R602 is amended to read as follows: R602.2 Grade. Studs shall be a minimum No. 3, standard or stud grade lumber. Exception: 1. Bearing studs not supporting floors and non-bearing studs may be utility grade lumber, provided the studs are spaced in accordance with Table R602.3 (5). 2. In single family dwellings of log construction, wall logs need not be graded. 3, In single family dwellings of log construction, all structural logs shall be designed by a licensed Colorado architect or engineer and inspected by that architect or engineer after the completion of the framing with the architect or engineer certifying to the building department that the logs are of the size, quality and species of the design and that they were installed to that design. Wall logs need not be part of the structural design. R602.3 Design and construction. Exterior walls of wood -frame construction shall be designed and constructed in accordance with the provisions of this chapter and Figures R602.3(1) and R602.3(2) or in accordance with AF&PA's NDS, The use of load duration factors for snow load shall be prohibited. Components of exterior walls shall be fastened in accordance with Tables R602.3(1) through R602.3(4). Exterior walls covered with foam plastic sheathing shall be braced in accordance with Section R602.10. Structural Sheathing shall be fastened directly to structural framing members. 17 1111F5AA'.F: Ma lil> IN r'kafkl.4111®1111 Reception#: 752001 07!10!2008 09:25:03 AM Jean Alberico 18 of 55 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO 38. Section R802.2 is amended to read as follows: R802.2 Design and construction. Roof -ceilings shall be designed and constructed in accordance with the provisions of this chapter and Figures R606.10(1), R606.10(2) and R606.10(3) or in accordance with AFPAJNDS. The use of load duration factors for snow load shall be prohibited. Components of roof -ceilings shall be fastened in accordance with Table R602.3(1). 39. Section R802.10 is amended to read as follows: R802.10.2 Design. Wood trusses shall be designed in accordance with accepted engineering practice. The design and manufacture of metal plate connected wood trusses shall comply with ANSUTPI I. The truss design drawings shall be prepared by a registered professional where required by the statutes of the jurisdiction in which the project is to be constructed in accordance with Section R106.1. The use of load duration factors for snow load shall be prohibited. 40. Section R903 is amended by adding a new subsection to read as follows: R903.5 Snow -shed barriers. Roofs shall be designed to prevent accumulations of snow from shedding above or in front of gas utility or electric utility meters. 41. Section R905.4 is amended by adding a new subsection to read as follows: 11905.4.7 Mechanical barriers. Mechanical barriers installed to prevent snow shedding from the roof shall be secured to roof framing members or to solid blocking secured to framing members in accordance with the manufacturer's installation instructions. Individual devices installed in a group of devices to create a barrier to prevent snow shedding shall be installed in at Least two rows with the first row no more than 24 inches from the edge of the roof or eave. The rows shall be parallel with the exterior wall line and the devices in each row shall be staggered for a spacing of no more than 24 inches on center measured parallel with the exterior wall line. Continuous snow barriers shall be secured to roof framing at no more than 48 inches on center. Continuous barriers shall be installed parallel with the exterior wall line and no more than 24 inches from the edge of the roof or eave. 42. Section R905.10 is amended by adding a new subsection to read as follows: R905.10.5 Mechanical barriers. Mechanical barriers installed to prevent snow shedding from the roof shall be secured to roof framing members or to solid blocking secured to framing members in accordance with the manufacturer's installation instructions. Individual devices installed in a group of devices to 18 VIII FITAIMIN E III Recept ionfi ; 752001 • 07/10/2006 09:25;03 RM Jean Rlberico 19 of 55 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO create a barrier to prevent snow shedding shall be installed in at least two rows with the first row no more than 24 inches from the edge of the roof or eave. The rows shall be parallel with the exterior wall line and the devices in each row shall be staggered for a spacing of no more than 24 inches on center measured parallel with the exterior wall line. Continuous snow barriers shall be secured to roof framing at no more than 48 inches on center. Continuous barriers shall be installed parallel with the exterior wall line and no more than 24 inches from the edge of the roof or eave. 43. Section R907.1 is amended to read as follows: R907.1 General. Materials and methods of application used for recovering or Replacing an existing roof covering shall comply with the requirements of Chapter 9. A separate permit is required for re -roofing. 44. Section R907.3 is amended to read as follows: R907.3 Recovering versus replacement. New roof coverings shall not be installed without first removing existing roof coverings where any of the following conditions occur: 1. Where the existing roof or roof covering is water -soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing. 2. Where the existing roof covering is wood shake, slate, clay, cement or asbestos -cement tile. 3. Where the existing roof has more than one applications of any type of roof covering. d. For asphalt shingles, when the building is located in an area subject to severe hail damage according to Figure R907.3. 45. Section R1002 is amended by adding new subsections to read as follows: R1002.7 Factory -built chimneys shall be effectively fire blocked within the chase enclosure at each floor -ceiling level and at the roof. The vertical distance between adjacent fire blocking shall not exceed 10 feet. R1002.8 Factory -built chimneys shall be installed in an insulated chase when run on the exterior of a building. 46. Section R1004 is amended by adding a new subsection to read as follows: R1004.1.1 Factory -built fireplaces and stoves. Factory -built fireplaces and stoves shall meet requirements as Defined by CRS. 25-7-401, et seq.. And the 19 .14117M,t' N.4 INA 111 Reception#: 752001 07/10/2008 09:25:03 Pt1 Jean Alberico 20 of 55 Rec Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO regulations promulgated thereunder. 47. Section R1004.4 is amended to read as follows: R1004.4 Unvented gas log heaters. Installation of 'invented gas log heaters is prohibited. 48. Chapter 11 — Energy Efficiency, is hereby amended to read as follows: Energy efficiency shall be determined as per the provisions of the 2006 International Energy Conservation Code (IECC). 49. Section M1308 is amended to add the following: M1308.3 LPG (liquid petroleum gas) appliances. LPG appliances shall not be installed in a pit, basement or similar location where heavier than air gases collect unless such location is provided with an approved means for removal of unburned gas. The policy in Garfield County to approve such a means is as follows: 1. An entrapped drain with a minimum diameter of 4 inches located in the lowest area where heavier than air vapors may collect is to run with a continuous slope to an exterior area, which is not within a depression or recessed below the adjacent terrain. 2. The area of termination is to be determined by the building inspector as likely to remain free of standing water, ice and other debris that may prevent the flow and dissipation of unburned gas. 3. The upper inlet and the termination of the drain are to be provided with protection from the entry of debris or animals, which may cause blockage of the drain. 50. Section M1401 is amended to add the following subsection: M1401.6 LPG Fuel. See Sec. M1308.3 on using LPG appliances in a pit or basement. 51. Section M2001 is amended to add the following subsection: M2001.5 LPG Fuel. See sec. M1308.3 On using LPG appliances in a pit or basement. 52. Section G2404 is amended to add the following subsection: G2404.10 LPG Fuel. See Sec. M1308.3 on using LPG appliances in a pit or 20 111Ei1f1R IY1 4i iAA !I1Ii631r ' i,iiPi 11111 Reception#: 752001 07/10/2008 09,25:03 RM Jean Rlberioo 21 of 55 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO basement. 53. Section G2406.2 is amended to read as follows: G2406.2 Prohibited locations. Fuel -fired appliances shall not be located in, or obtain combustion air from any of the following rooms or spaces: 1. Sleeping rooms 2. Bathrooms 3. Toilet rooms 4. Storage closets Exceptions: 1. Direct vent appliances that obtain all combustion air directly from the outdoors. 2. Vented room heaters, wall furnaces, vented decorative appliances and decorative appliances for installation in vented solid fuel burning fireplaces, provided that the room is not a confined space and the building is not of unusually tight construction. 3. Appliances installed in a dedicated enclosure in which all combustion air is taken directly from the outdoors, in accordance with Section G2407.11. Access to such an enclosure shall be through a weather-stripped solid door equipped with an approved self-closing device. 54. Section G2417.4.1 is amended to read as follows: G2417.4.1 Test pressure. The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, but not less than 10 psig, irrespective of design pressure. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 55. Section G2433 Log Lighters is amended to add the following: G2433.1 General. Log lighters are prohibited. 56. Section G2445 Unvented room heaters is hereby repealed in its entirety. 57, Section P2501.1 is amended to read as follows: P2501.1 Scope. The provisions of this chapter shall establish the general administrative requirements applicable to plumbing systems and inspection requirements of this code. The intent of this code is to meet or exceed the 21 • 11N .F'tQ' t:���R"Wu�'� ,I��,I S�: �i�l� 11111 Reception#: 752001• 07110/2008 09:25:03 RM Jean filberico 22 of 55 Rec Fee:$0.00 Ooc Fee:0.00 GARFIELD COUNTY CO requirements of the state of Colorado Plumbing Code. When technical requirements, specifications or standards in the Colorado Plumbing Code conflict with this code, the more restrictive shall apply. 58. Section P2602.2 Flood -resistance installation is deleted. 59. Section P3101.1 is amended to read as follows: P3103.1 Roof extension. All open vent pipes which extend through a roof shall be terminated at least 12 inches above the roof except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. 60. The entire Part VIII Electrical is deleted. All electrical work shall be done in accordance with the State of Colorado Electrical Inspector. 61. Appendix F Radon Control is deleted from this code. 62. Appendix 1 Private Sewage Disposal is deleted from this code. 63. Appendix J Existing Buildings and Structures is amended to read as follows: Section AJ102.4 Replacement windows is deleted. Section AJ102.5 Flood hazard areas is deleted. Section AJ501.5 Electrical equipment and wiring is deleted. 11I. 2003 INTERNATIONAL BUILDING CODE (I.B.C.) A. Additions and Modifications: The following Sections of the I.B.C. are adopted subject to the following additions or modifications: 1. Section 101.1 is amended to read as follows: 101.1 Title. This resolution shall be known as the building code of Garfield County, Colorado, hereinafter referred to as "this code". This code shall apply to all of the unincorporated area of Garfield County, Colorado. 2. Section 101.4.1 amended to read: 101.4.1 Electrical The Colorado State Electrical Inspector shall establish the electrical code used. 22 ®111 kk 3nlijd1.liiliL4' i lr '*htriN.IlIN /I 111 Recepl.fon#: 752001 07/10/2009 09125:03 RM Jean A16erico 23 of 55 Rec Fee:$0.00 Doc Feel0.00 GARFIELD COUNTY CO 3. Section 101.4.4 is amended to read as follows: 101.4.4 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Guidelines on Individual Sewage Disposal Systems as published by the Colorado Department of Public Health and Environment, Water Quality Control division shall apply to private sewage disposal systems. 4. Section 101.4.5 is hereby repealed in its entirety. 5. Section 101.4.7 is hereby repealed in its entirety. 6. Section 102.6 is amended to read as follows: 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 7. Section 103.3 is amended to read as follows: 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. 8. Section 104.1 is amended to read as follows: 104.1 General The building official or any authorized representative, is hereby authorized and directed to enforce all of the provisions of this code; however, a guarantee that all buildings and structures have been constructed in accordance with all of the provisions of this code is neither intended nor implied. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 23 ' 111 I 'III, e1' I101 i !114V!l AI ■Yll .1 .( 4 1111 Reception#: 752001 07(10/200B 09:25:03 RM Jean Alberico 24 of 55 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 9. Section 104.8 is amended to read as follows: 104.8 Liability. The adoption of this code, and any previous codes adopted by Garfield County, 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 codes be deemed to create any civil remedy against a public entity, public employee or agent. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate, acting in good faith, shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 10. Sections 105.1.1 and 105.1.2 are hereby repealed in their entirety. 11. Section 105.2 is amended to read as follows: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: a. One story detached accessory structures used as tool and storage sheds, and similar uses, provided the floor area does not exceed 120 square feet. b. Fences not over 6 feet high used for non-agricultural uses and any fence built for agricultural purposes that is a post and wire construction. c. Oil derricks. d. Retaining walls which are not over 4 feet height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. e. 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 2 to 1.. f. Sidewalks and driveways not more than 30 inches above grade and not over any basement or story below and which are not part of an accessible route. 24 ■!!I R'�l� Q�1� Y�h�i�r,l '� �l�h"I�r1l~4 ;1i �l��l� 111111 Reception#' 752001 07/10/2008 09:25:03 AM Jean Aiberico 25 of 55 Roo Fee:50.0O Doc Pea:0.00 GARFIELD COUNTY CO g. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. h. Temporary motion picture, television and theater stage sets and scenery. i. Prefabricated swimming pool accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. j. Shade. cloth structures constructed for nursery or agricultural purposes and not including service systems. k. Swings and other playground equipment accessory to detached one -and two-family dwellings. 1. Windows awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2 and Group U occupancies. m. Movable cases, counters, and partitions not over 5 feet 9 inches in height. n. Agricultural buildings as defined in this Resolution. o. Small temporary employee facilities with 8 or less occupants sleeping in the unit at any one time on a permitted well site approved by the Colorado Oil and Gas Conservation Commission (COGCC) as it relates to oil and gas well drilling. 12. Section 105.5 is amended to read as follows: 1053 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Permits must pass a required inspection during every 180 day period after each inspection in order not to be considered suspended or abandoned. On expired permits, before such work can be recommenced, a re -issued or new permit shall be obtained. The fee for a re -issued or new permit shall be one-half the permit fee of the original permit, provided no changes have been made in the original plans and specifications for such work, and further provided that such suspension or abandonment has not exceeded one year. Changes in plans and specifications shall require an additional permit fee and plan review fee as described in section r106 and section r108. Any nullified permit where the suspension or abandonment have exceeded one year will require the permittee to pay a new permit fee plus plan review fee. Any person holding an unexpired and valid permit may apply for an extension of time to commence work, return to work or complete work under that permit by submitting a written request describing good and satisfactory reason for such 25 /ll!KFLI Niiti6 AN,Nti,401411NIN.Iiii ■ i Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 26 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO days from the date of the extension, does not require compliance with codes adopted since the original permit was issued, and does not require payment of new fees. No permit shall be extended more than twice. When a permit has expired or been nullified and a new addition of the building code has been adopted, the original plans shall be reviewed and required to comply with the current code. The permittee shall pay a new plan review fee based on the current projected valuation plus the applicable fee listed above 13. Section 106 is amended by adding a new subsection to read as follows: 106.1.1.1.1 Proof of water and sewer. The applicant shall provide documentation that water and sewer taps have been obtained from the appropriate utility district when the property will be served by the district. 14. Section 106.2 is amended by adding the following to the existing section: Any site plan for the placement of any portion of a structure within 50 feet of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyor's signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the envelope. 15. Section 107 is hereby deleted in its entirety. 16. Section 108 is amended to add as follows: 108.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for permit shall be paid as required, in accordance with the attached Exhibit B, building permit fee schedule. 108.4.1 Work commencing before permit issuance penalty. Working without a permit will result in a penalty equal to the permit fee. This penalty fee is in addition to the permit and plan review fee. 108.6 Refunds. The building official is authorized to establish a refund policy. The building official may authorize refunding of all or a portion of the peiinit fee paid when no work has been done under a permit issued in accordance with this code. Any portion of the permit retained shall be based on actual costs incurred 26 1111 WA 1111W,10 ,h0 M,L I ,1 OW1 r 11111 Reception#: 752001 07110!2008 09:25:03 AM Jean Alberico 27 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO by the county. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. 17. Section 109 is amended by adding a new subsection to read as follows: 109.1.1 Sanitation at Construction Sites. Toilet facilities shall be provided for construction workers and such facilities shall be conveniently located and maintained in a sanitary condition. The facilities shall be available from the time the first work is started until the certificate of occupancy is issued. 18. Section 109.3.3 is hereby repealed in its entirety. 19. Section 109.3.5 is amended to read as follows: 109.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 20. Section 109.5 is amended to read as follows: 109.5 Inspection requests. It shall be the duty of the person doing the work, the owner, contractor or subcontractor to know that the building or structure has a valid permit and to notify the building department when work is ready for inspection. Upon conviction, a fine will be assessed to the person doing the work, the owner, contractor or subcontractor if work is being done without a permit and the inspection is not requested per Section 109. It shall be the duty of the person doing the work, the owner, contractor or subcontractor requesting any inspections required by this code to provide access and means for inspection of such work. Such request for inspection may be in writing or by calling the 24 hour automated telephone answering system. 21. Section 109.5 is amended by adding a new subsection to read as follows: 109.5,1 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. 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 failing to provide access on the date for which the inspection is requested or deviating from the approved plans. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the reinspection fee has been received by the building department. 27 ®III lA,�4",i��Y * Miti 11111 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 28 of 55 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 22. Sections 111.1 Connection of service utilities and 111.2, Temporary connection are deleted. 23. Section 112 is amended to add the following: In Sec 112 and where ever in this code there is a reference made to Board of Appeals, it shall be amended to read Board of Review. 24. Section 113 is amended to add as follows: 113.1 Unlawful acts any person as defined herein (section 202) who erects, constructs, reconstructs, remodels, enlarges, alters, repairs, moves, improves, converts, demolishes, equips, uses, occupies, or maintains any building or structure, or any part of a building or structure, in the unincorporated area of Garfield county or causes the same to be done, contrary to or in violation of any provisions of this code, or any provisions of part 2, Article 28, title 30, C.R.S., 1973, as amended shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $100.00, or by imprisonment in the county jail for not more than ten days, or both by such fine and imprisonment. Each and every day during which such illegal erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, enlarged, altered, repaired, moved, improved, converted, demolished, maintained or used in violation of this code or of any provision of part 2, Article 28, title 30, C.R.S., as amended, the District Attorney of the District, the Board of County Commissioners of Garfield County, or any owner of real estate within the area subject to this code, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use. 25. Section 202 is amended by adding the following definitions within the alphabetical order of the existing definitions. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. Excluded from the definition of agricultural building are structures enclosing indoor riding arenas with an occupant load of 10 or more. 28 X1111 fid. Ulti,T''� s Va 4 ',M IIAMPIAMill X1111 Receptiontt• 752001 07110!2008 09:25:03 AM Jean Alher'ico 29 of 55 Rec Fee:$0.00 Ooc Fee:0.00 GARFIELD COUNTY CO BEDROOM. A room which is designed as a sleeping room, a loft, a mezzanine in Group R occupancies or a room or area that can be used as a sleeping room and contains a closet. CERTIFICATE OF OCCUPANCY. A written notification from the building official to the property owner that the work covered under the permit is complete and the permit is closed. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having just one kitchen. FACTORY BUILT BUILDING. A building which is assembled in a facility that has been approved by the State of Colorado, built to the building, plumbing and mechanical codes as adopted by the Colorado Division of Housing, with the work performed at the facility inspected by and bearing the Colorado Division of Housing identification label. KITCHEN. A room or area that is designated to be used for the preparation of food which contains one or more standard size kitchen appliances or fixtures. PERSON. A natural person or any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state or the United States government. Singular includes plural, male includes female. USEABLE SPACE UNDER FLOORS. Useable space is that space under the first story between the underside of the floor joist or floor truss and the ground below which exceeds 46 inches at any point. 26. Section 503 is amended to add a footnote to Table 503: d. Allowable building height is specified in Garfield County Zoning. 27. Section 901.5 is amended by adding a new subsection to read as follows: 901.5.1 Fire protection systems inspector required. All fire protection systems required by this code shall be inspected and approved by a inspector. The inspector shall be an authorized representative of the fire department official or another qualified individual with prior approval of the building official. 28. Section 902.1 is amended by adding the following definition within the 29 Bill FITAN=KNi1=M_i VI III Reception#. 752001 07110/2008 09:25:03 AM Jean Alberico 30 of 55 Roc Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO alphabetical order of the existing definitions. FIRE DEPARTMENT OFFICIAL. The chief officer of any of the fire protection districts within unincorporated Garfield County, or the chief officer's authorized representative. 29. Section 903.2.7 is amended by adding the following exceptions: 903.2.7 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exception: 1. Group R-3 and boarding houses occupancies. 2. Group R-2 with occupancy of 5 or less. 30. Section 1203.3 is amended by adding a new subsection to read as follows: 1203.3.3 Vapor retarder ground cover. A vapor retarder ground cover shall be of 6 mil polyethylene, or an approved equal with a rating of 1 perm or less. The vapor retarder shall cover the entire ground area within crawlspaces in accordance with the following: 1. The vapor retarder shall be overlapped six inches minimum at joints and shall extend over the top of pier footings. 2. The edges of the vapor retarder shall be turned up a minimum of four inches at the stem wall. 3. Penetrations in the vapor retarder shall be no larger than necessary to fit piers, beam supports, plumbing and other penetrations. 31. Section 1301.1.1 is amended to read as follows: Energy efficiency shall be determined as per the provisions of the 2006 International Energy Conservation Code (IECC) 32. Section 1503 is amended by adding two new subsections to read as follows: 1503.6 Snow -shed barriers. Roofs shall be designed to prevent accumulations of snow from shedding above or in front of gas utility or electric utility meters. 1503.6.1 Mechanical barriers for metal roof shingles and metal roof panels. Mechanical barriers installed to prevent snow shedding from the roof shall be secured to roof framing members or to solid blocking secured to framing members in accordance with the manufacturer's installation instructions. Individual devices installed in a group of devices to create a barrier to prevent snow shedding shall be installed in at least two rows with the first row no more than 24 inches from the 30 11111 l. WM* WAYSiti 11111 Reception#: 752001 07190!2008 09:25:03 AM Jean A1berico 31 o9 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO edge of the roof or eave. The rows shall be parallel with the exterior wall line and the devices in each row shall be staggered for a spacing of no more than 24 inches on center measured parallel with the exterior wall line Continuous snow barriers shall be secured to roof framing at no more than 48 inches on center_ Continuous barriers shall be installed parallel with the exterior wall line and no more than 24 inches from the edge of the roof or eave. 33. Section 1608.2 is amended to read as follows: 1608.2 Roof snow load. As determined by Garfield County snow load based on elevations. Snow loads are as follows: TO 7000FT. 40PSF 7001 TO 8000FT. 50PSF 8001 TO 9000FT. 75PSF 9001 TO 10,000FT. 100PSF Potential unbalanced accumulations of snow at valleys, parapets, roof structures and offsets in roofs of uneven configuration shall be considered. Minimum snow loads are in pounds per square foot of horizontal projected area. All snow load designs are to be designed and sealed by a Colorado registered professional engineer or architect. 34. Section 1612 FLOOD LOADS is hereby repealed, in its entirety 35. Section 1702.1 is amended by adding the following definition within the alphabetical order of the existing definitions. FIRE DEPARTMENT OFFICIAL. The chief officer of any fire district within unincorporated Garfield County, or the chiefs authorized representative. 36. Section 1703.1 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 fire department official or the state of Colorado Division of Fire Safety or their authorized representative shall be an approved agency for inspection of fire protection systems required by this code. 37. Section 1704.1.1 is amended by adding an Exception to read as follows: Exception: Inspection by the fire department official or the state of Colorado Division of Fire Safety or their authorized representative of fire protection systems. 31 11101 Reception#. 752001 07/10/2008 09:25:03 AM Jean Alberico .32 of 55 Rac Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 38. Section 1704.1.2 is amended by adding an Exception to read as follows: Exception: Inspection by the fire department official or the state of Colorado Division of Fire Safety or their authorized representative of fire protection systems. 39. Section 1704 is amended by adding a new section and subsection to read as follows: 1704.15 Fire protection systems. Fire protection systems shall have the design plans approved by an inspector and the systems inspected and tested by an inspector for compliance with the requirements of this code and the International Fire Code. 1704.15.1 Qualifications. Inspectors for fire protection systems shall have expertise in fire -protection. Inspectors for fire suppression systems shall be a Certified Fire Suppression Systems Inspector by the State of Colorado Division of Fire Safety. 40. Section 1805.1 is amended to read as follows: 1805.1 General. Footings and foundations shall be designed and constructed in accordance with Sections 1805.1 through 1805.9. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings. Concrete footings shall include a minimum of two #4 reinforcement bars to be tied continuously and spaced a minimum of three inches from the ground and equally within the footing. Unless designed and sealed by a Colorado licensed engineer or architect. Footings and foundations shall be built on undisturbed soil or compacted fill material or CLSM. Compacted fill material shall be placed in accordance with Section 1803.5. CLSM shall be placed in accordance with Section 1803.6. The top surface of footings shall be level. The bottom surface of footings are permitted to have a slope not exceeding 1 unit vertical in 10 units horizontal (10 -percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than 1 unit in 10 units horizontal (10 -percent slope). 41. Section 1805.2 is amended to add the following subsection: 1805.2.1.1 Frost depth in Garfield County is 36 inches to 8000 ft. of elevation. Above 8000 ft. it is 42 inches. 32 • ■IIIIi(��l�t7;,r;��W+`,l',i�,t�Gf��`Ct4f�f;1,�41�� *►►► Reception#: 752001 07I10/2009 09:25:03 AM Jean Alberico 33 of 55 ReC Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY GO 42. Section 1805.4.1 is amended to read as follows: 1805.4.1 Design. Footings shall be so designed that the allowable bearing capacity of the soil is not exceeded, and that differential settlement is minimized. The minimum width of footings shall be 16 inches. 43. Section 1805.4.2.3 is amended to read as follows: 1805.4.2.3 Plain concrete footings. In plain concrete footings, the edge thickness shall not be less than 8 inches for footings on soil. 44. Section 1805.4.2 is amended by adding a new subsection and Exception to read as follows: 1805.4.2.7 Reinforcement of concrete. Concrete footings shall include a minimum of two #4 reinforcement bars to be tied continuously and spaced a minimum of three inches from the ground and equally within the footing. Exception: Unless designed and sealed by a licensed Colorado engineer or architect. 45. Section 1807.1.2.1 Flood hazard areas is hereby repealed in its entirety. 46. Section 1808.2 is amended to add the following subsection: 1808.2.1.1 Inspections. Garfield County will not inspect the drilling, reinforcement and placement of piers and piles. A special inspector as per Chapter 17 shall perform all these inspections regardless of seismic zone. 47. Section 1812.4 is amended to read as follows: 1812.4 Reinforcement. All concrete piers shall include a minimum of two #4 vertical reinforcement bars to be spaced equally within the pier. Except for steel dowels embedded 5 feet or less in the pier, reinforcement shall be assembled and tied together and shall be placed in the pier hole as a unit before the reinforced portion of the pier is filled with concrete. Exception: Reinforcement is permitted to be wet set and the 2' /2 inch concrete cover requirement be reduced to 2 inches for Group R, Division 3 and Group U, Division 1 occupancies not exceeding two stories of light -frame construction, provided the construction method can be demonstrated to the satisfaction of the building official. Reinforcement shall conform to the requirements of Sections 1809.1.2.1 and 33 Recepliontl: 752001 07!1012008 09;25103 AM Jean Alberico 34 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1809.1.2.2. Exceptions: 1. Isolated piers supporting posts or Group R, Division 3 and Group U, Division 1 occupancies not exceeding two stories of light -frame construction is permitted to be reinforced as required by rational analysis but not less than a minimum of two No. 4 bar, without ties or spirals, when detailed so the pier is not subject to lateral loads and the soil is determined to be of adequate stiffness. 2. Isolated piers supporting posts and bracing from decks and patios appurtenant to Group R, Division 3 and Group U, Division 1 occupancies not exceeding two stories of light -frame construction may be reinforced as required by rational analysis but not less than two No. 4 bar, without ties or spirals, when the lateral load, E, to the top of the pier does not exceed 200 pounds and the soil is determined to be of adequate stiffness. 3. Piers supporting the concrete foundation wall of Group R, Division 3 and Group U, Division 1 occupancies not exceeding two stories of light -frame construction is permitted to be reinforced as required by rational analysis but not less than two No. 4 bars, without ties or spirals, when it can be shown the concrete pier will not rupture when designed for the maximum seismic load Em, and the soil is determined to be of adequate stiffness. 4. Closed ties or spirals where required by Section 1809.1.2.2, are permitted to be limited to the top 3 feet of piers 10 feet or less in depth supporting Group R, Division 3 and Group U, Division 1 occupancies of Seismic Design Category D, not exceeding two stories of light -frame construction. 48. Section 2301.2 is amended to read as follows: 2301.2 General design requirements. 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. 49. Section 2303.1.1 is amended by adding two Exceptions to read as follows: 2303.1.1 Lumber. Lumber used for load -supporting purposes, including end - jointed or edge -glued lumber, machine stress rated or machine evaluated lumber, shall be identified by the grade mark of a lumber grading or inspection agency that has been approved by an accreditation body that complies with DOC PS 20 or equivalent. Grading practices and identification shall comply with rules published by an agency approved in accordance with procedures of DOC PS 20 or 34 Li VI. WV INTA0741,1 M1161011®I11f Reception# : 752001 07/10/2008 09:25:03 AM Jean Alberico 35 of 55 Rea Fee:$0.00 Doc Fee0.00 GARFIELD COUNTY CO equivalent procedures. In lieu of grade mark on the material, a certificate of inspection as to species and grade issued by a lumber grading or inspection agency meeting the requirements of this section may be accepted for precut, remanufactured, or rough -sawn lumber, and for sizes larger than 3 inches nominal thickness. Approved end jointed lumber is permitted to be used interchangeably with solid -sawn members of the same species and grade. Exception: 1. In single family dwellings of log construction, wall logs need not be graded. 2. In log construction, all structural logs shall be designed by a licensed Colorado architect or engineer and inspected by that architect or engineer after the completion of the framing with the architect or engineer certifying to the building department that the logs are of the size, quality and species of the design and that they were installed to that design. Wall logs need not be part of the structural design. 50. Section 2901.1 is amended to read as follows: 2901.1 Scope. The provisions of this chapter and the International Plumbing Code shall govern the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing equipment and systems. Plumbing systems and equipment shall be constructed, installed and maintained in accordance with the International Plumbing Code. Private sewage disposal systems shall conform to the Guidelines on Individual Sewage Disposal Systems as published by the Colorado Department of Public Health and Environment, Water Quality Control Division. 51. Section 3001.1 is amended to read as follows: 3001.1 Scope. This chapter governs the design, construction, installation, alteration, maintenance and repair of new and existing installations of elevators, dumbwaiters, escalators, and moving walks, requiring permits therefore and providing procedures for the inspection and maintenance of such conveyances. 52. Chapter 30, concerning elevators, moving walks, escalators or dumbwaiters, is amended by adding four new sections and subsections to read as follows: SECTION 3007 PERMITS AND CERTIFICATES OF INSPECTION 3007.1 Permits required. It shall be unlawful to install any new elevator, 35 ®1111 Rvicept aon3t : 752001 07/10/2008 09:25:03 AM Jean Alberico 36 of 55 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO moving walk, escalator or dumbwaiter, or to make major alterations to any existing elevator, dumbwaiter, escalator or moving walk, as defined in part xii of ASME A17.1, without first having obtained a permit for such installation. Permits shall not be required for maintenance or minor alterations. 3007.2 Certificates of inspection required. It shall be unlawful to operate any elevator, dumbwaiter, escalator or moving walk without a current certificate of inspection issued by the approved inspection agency. Such certificate shall be issued upon payment of prescribed fees and the presentation of a valid inspection report indicating that the conveyance is safe and that the inspections and tests have been performed in accordance with part XII of the ASME A17.1. Certificates shall not be issued when the conveyance is posted as unsafe pursuant to section 3010. Exception: Certificates of inspection shall not be required for conveyances within a dwelling unit. 3007.3 Application for permit. Application for a permit to install shall be made on forms provided by the inspection agency, and the permit shall be issued to an owner upon payment of the permit fees specified. 3007.4 Application for certificate of inspection. Application for a certificate of inspection shall be made by the owner of an elevator, dumbwaiter, escalator or moving walk, Applications shall be accompanied by an inspection report as described in section 3009. Fees for certificates of inspection shall be as specified. 3007.5 Fees. A fee for each permit shall be paid to the building department. A fee for each certificate of inspection shall be paid to the inspection agency. SECTION 3008 DESIGN 3008.1 Detailed requirements. For detailed design, construction and installation requirements, see Chapter 16 and the appropriate requirements of ASME A17.1. SECTION 3009 REQUIREMENTS FOR OPERATION AND MAINTENANCE 3009.1 General. The owner shall be responsible for the safe operation and maintenance of each elevator, dumbwaiter, escalator and moving walk installation and shall cause periodic inspections to be made on such conveyances as required in this section. 36 1111KFIUMNGMM1 ' CV.Pilialt 111!1 ReceptionA: 752001 07/1012000 09:25:03 AM Jean Rlberico 37 of 65 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 3009.2 Periodic inspections and tests. Routine and periodic inspections and tests shall be made as required by Part X of ASME A17.1. 3009.3 Alterations, repairs and maintenance. Alterations, repairs and maintenance shall be made as required by Part XII of ASME A17.1. 3009.4 Inspection costs. All costs of such inspections and tests shall be paid by the owner. 3009.5 Inspection reports. After each required inspection, a full and correct report of such inspection shall be filed with the Building Official. SECTION 3010 UNSAFE CONDITIONS 3.10.1 Unsafe conditions. When an inspection reveals an unsafe condition of an elevator, moving walk, escalator or dumbwaiter, the inspector shall immediately file with the owner and the building official a full and true report of such inspection and such unsafe condition. If the building official finds that the unsafe condition endangers human life, the building official shall cause to be placed on such elevator, escalator or moving walk, in a conspicuous place, a notice stating that such conveyance is unsafe. The owner shall see to it that such notice of unsafe condition is legibly maintained where placed by the building official. The building official shall also issue an order in writing to the owner requiring the repairs or alterations to be made to such conveyance that are necessary to render it safe and may order the operation thereof discontinued until the repairs or alterations are made or the unsafe conditions are removed. A posted notice of unsafe conditions shall be removed only by the building official when satisfied that the unsafe conditions have been corrected. 53. Chapter 32 Encroachments into the Public Right Of Way is deleted. 54. Section 3311.2 is amended to read as follows: 3311.2 Buildings being demolished. Where a building is being demolished and a standpipe is existing within such a building, such standpipe shall be maintained in an operable condition so as to be available for use by the Fire Department Official. Such standpipe shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished or as approved by the Fire Department Official. 55. Section 3311.4 is amended to read as follows: 37 /111 Mint/WV:NIWIMiliti,VATHINAlitti EI II1 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 38 of 55 Reo Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO 3311.4 Water supply. Water supply for fire protection, either temporary or permanent shall be made available as soon as combustible material accumulates or as approved by the Fire Department Official. 56. Section 3401.3 is amended to read as follows: 3401.3 Compliance with other codes. Alterations, repairs, additions and changes of occupancy to existing structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy in the International Fire Code, International Fuel Gas Code, International Plumbing Code, Guidelines On Individual Sewage Disposal Systems as published by the Colorado Department of Public Health and Environment, Water Quality Control Division, International Mechanical Code, and International Residential Code. 57. Section 3410.2 is amended to read as follows: 3410.2 Applicability. Structures existing prior to January 1, 1978 in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of Sections 3402 through 3406. The provisions in Sections 3409.2.1 through 3409.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall not apply to buildings with occupancies in Group H or I. 58. Section 3410.3.2 is amended to read as follows: 3410.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section shall comply with the International Fire Code 59. Section 3410.4 is amended to read as follows: 3410.4 Investigation and evaluation. For proposed work covered by this section, the building owner shall cause the existing building to be investigated and evaluated in accordance with the provisions of this section by a design professional licensed to practice in the State of Colorado. 60. Section 3410.6 is amended to read as follows: 3410.6 Evaluation process. The building owner shall cause the existing building to be evaluated in accordance with the provisions of this section by a design professional(s) licensed to practice in the State of Colorado. The evaluation process specified herein shall be followed in its entirety to evaluate 38 Recep t iontt : 752001 07(1012008 09:25;03 AM Jean Rlberico 39 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO existing buildings. Table 3410.7 shall be utilized for tabulating the results of the evaluation. References to other sections of this code indicate that compliance with those sections is required in order to gain credit in the evaluation herein outlined. In applying this section to a building with mixed occupancies, where the separation between the mixed occupancies does not qualify for any category indicated in Section 3409.6.16, the score for each occupancy shall be determined and the lower score determined for each section of the evaluation process shall apply to the entire building. Where the separation between the mixed occupancies qualifies for any category indicated in Section 3409.6.16, the score for each occupancy shall apply to each portion of the building based on the occupancy of the space. The following Appendixes are adopted: Appendix 1 Patio Covers Appendix J Grading 61. Section J103.1 is amended to read as follows: J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit from the Garfield County Building and Planning Department or designee. A grading permit does not include the construction of retaining walls or other structures. Security deposits in a form and amount approved by the Building Official or designee, based upon recommendations from the County Vegetation Management Office and the county's designated engineer shall be established prior to issuance of any major grading permits. 62. Section J103.2 (1.) is amended to read as follows: J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading, excavation and earthwork construction, including fills and embankments that are constructed solely for agricultural purposes on lands that are farms or ranches. 63. Section J103.2 is amended to add an 8`11 exemption from permit as follows: 8. Grading that does not exceed 50 cubic yards of earthwork material or 6000 square feet of graded area whichever is greater. 39 ■III PLw,r' xiii 'mweNev ttiow 11 II I Reception#; 752001 07/10/2008 09:25:03 RM Jean Rlberico 40 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFTELO COUNTY CO IV. 2003 INTERNATIONAL MECHANICAL CODE (I.M.C.) A. Additions and Modifications: The following Sections of the I.M.C. are adopted subject to the following additions or modifications: . Section 101.1 is amended to read as follows: 101.1 Title This resolution shall be known as the Mechanical Code of Garfield County, Colorado. This resolution shall be known as the "mechanical code", may be cited as such, and will be referred to herein as "this code". This code shall apply to all of the unincorporated area of Garfield County, Colorado. 2. Section 103.2 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, a guarantee that all buildings and structures have been constructed in accordance with all of the provisions of this code is neither intended nor implied. 3. Section 103.4 is amended to read as follows: 103.4 Liability. The adoption of this code, and any previous codes adopted by Garfield County, 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 codes be deemed to create any civil remedy against a public entity, public employee or agent. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from personal liability for any damages accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of mechanical inspection, acting in good faith, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 4, Section 104 is amended to delete Sec. 104.3. Mechanical permits are not required 40 1111 WA F11711Y,t141 411 'NlI,ir lEIV iliiil.lfi 11 11 1 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberico 41 of 55 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO in Garfield County. 5. Section 106 Permits is deleted. Separate mechanical permits are not required in Garfield County. 6. Section 107.1 is amended to read as follows: 107.1 Required inspections and testing. It shall be the duty of the person doing the work, the owner, contractor or subcontractor to know that the building or structure has a valid permit and to notify the building department when work is ready for inspection. Upon conviction, a fine will be assessed to the person doing the work, the owner, contractor or subcontractor if work is being done without a permit and the inspection is not requested per Section 107. It shall be the duty of the person doing the work, the owner, contractor or subcontractor requesting any inspections required by this code to provide access and means for inspection of such work. Such request for inspection may be in writing or by calling the 24 hour automated telephone answering system. 1. Underground inspection shall be made after trenches or ditches are Excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. 2 Rough -in inspection shall be made after the roof, framing, fire blocking and bracing are in place and all ducting and other components to be concealed are complete, and prior to the installation of wall or ceiling membranes. 3. Final inspection shall be made upon completion of the mechanical system. Exception: Ground -source heat pump loop systems tested in accordance with Section 1208.1.1 shall be permitted to be backfilled prior to inspection. The requirements of this section shall not be considered to prohibit the operation of any heating equipment or appliances installed to replace existing heating equipment or appliances serving an occupied portion of a structure provided that a request for inspection of such heating equipment or appliances has been filed with the department not more than 48 hours after such replacement work is completed, and before any portion of such equipment or appliances is concealed by any permanent portion of the structure. 7. Section 108.1 is amended to read as follows: 108.1 Unlawful acts. Any person as defined herein (Section 202) who erects, 91 X111 `'1. F 4 ,101 11MAti t "Wc:NYO.l;0111i 111 Recept Ionil : 752001 07110!2008 09:25:03 ACI Jean Riberico 42 of 55 Rec Fee:50.00 Doc Fee:0.00 GRRFIELD COUNTY CO constructs, reconstructs, remodels, enlarges, alters, repairs, moves, improves, converts, demolishes, equips, uses, occupies, or maintains any building or structure, or any part of a building or structure, in the unincorporated area of Garfield county or causes the same to be done, contrary to or in violation of any provisions of this code, or any provisions of Part 2, Article 28, Title 30, C.R.S., 1973, as amended shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $100.00, or by imprisonment in the county jail for not more than ten days,or both by such fine and imprisonment. Each and every day during which such illegal erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, enlarged, altered, repaired, moved, improved, converted, demolished, maintained or used in violation of this code or of any provision of Part 2, Article 28, Title 30, C.R.S., as amended, the District Attorney of the District, The Board of County Commissioners of Garfield County, or any owner of real estate within the area subject to this code, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance . 8. Section 108.4 is hereby repealed in its entirety. 9. Section 109 is hereby repealed in its entirety. See IBC for the appeal process. 10. Section 202 is amended by adding the following definition within the alphabetical order of the existing definitions. FIRE DEPARTMENT OFFICIAL. The chief officer of any of the fire protection districts in unincorporated Garfield County or the chief officer's authorized representative. PERSON. A natural person or any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state or the United States government. Singular includes plural, male includes female. 11. Section 303 is amended by adding a subsection: 303.9 LPG Appliances. Appliances burning LPG (Liquid Petroleum Gas) shall not be installed in a pit basement or similar location where heavier-than-air gases may collect unless such location is provided with an approved means for removal 42 ail NI KW,* &IAN, 11111 Reception4: 752001 07/10/2008 09:25:03 AM Jean Alberico 43 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFTELD COUNTY GO of unburned gas. The policy of Garfield County is as follows: a. An untrapped drain with a minimum diameter of 4 inches located in the lowest area where heavier than air vapors may collect is to be run with a continuous slope to an exterior area, which is not within a depression or recessed below adjacent terrain. b. The area of termination is to be determined by the building inspector as likely to remain free of standing water, ice and other debris that may prevent the flow and dissipation of unburned gas. c. The upper inlet and the termination of the drain are to be provided with protection from the entry of debris or animals, which may cause blockageof the drain. This protection is to be approved by the building inspector. 12. Section 509.1 is amended to read as follows: 509.1 Where required. Commercial food heat -producing appliances required by Section 507.2.1 to have a Type I hood shall be provided with an approved automatic fire suppression system complying with the International Building Code and the International Fire Code. All fire suppression systems required by this code shall be inspected and approved by a special inspector. The special inspector shall be an authorized representative of the Fire Department Official or another qualified individual with prior approval of the Building Official. Approvals of special inspectors and inspections, approvals and reports by special inspectors shall be in accordance with Chapter 17 of the International Building Code. 13. Section 703 is amended by adding a new section and subsections to read as follows: 703.2 All air from the outdoors for gas-fired appliances. Where approved, this section shall be an alternative to the provisions of section 703.1 and shall apply to gas-fired appliances only. Where all combustion and dilution air for gas- fired appliances is to be provided by outdoor air, the required combustion and dilution air shall be obtained by opening the room or enclosure to the outdoors. The openings connecting the room or enclosure to the outdoor air and the appliance installations shall comply with Sections 703.2.1 through 703.2.3. 703.2.1 Number and location of openings. One opening shall be provided and located within 12 inches of the ceiling of the room or enclosure. 703.2.2 Size and configuration of the opening. The opening shall directly connect to the outdoors or shall connect by means of vertical or horizontal ducts. 93 ■111 PI. Franivi�'�>i �I�h11E�+t�11� 11111 Receptiont! : 752001 07/10/2008 09.25:03 AM Jean Aiberico 44 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO The net free area of the opening calculated in accordance with section 709 shall be a minimum of 1 square inch per 3,000 Btufh of input rating of the gas-fired appliance drawing combustion and dilution air from the room or enclosure and not less than the cross-sectional flow area of the appliance vent. The cross-sectional area of the duct shall be equal to or greater than the required size of the opening. 703.2.3 Appliance installation clearance. The appliance shall have a minimum clearance to the surfaces of the room or enclosure of 1 inch at the sides and back of the appliance and 6 inches at the front of the appliance. 14. Section 805 is amended by adding a new section to read as follows: 805.7 factory -built chimneys shall be effectively fire blocked within any chase at each floor -ceiling level and at the roof. The vertical distance between adjacent fire blocking shall not exceed 10 feet. Factory -build chimneys will be installed in an insulated chase when run on the exterior of a building. 15. Section 903.3 is amended to read as follows: 903.3 Unvented gas log heater. Unvented gas log heaters are prohibited. V. 2003 INTERNATIONAL PLUMBING CODE (I.P.C.) A . Additions and Modifications: The following Sections of the I.P.C. are adopted subject to the following additions or modifications: 1. Section 101.1 is amended to read as follows: 101.1 Title. This resolution shall be known as the Plumbing Code of Garfield County, Colorado. This resolution shall be known as the "plumbing code", may be cited as such, and will be referred to herein as "this code". This code shall apply to all of the unincorporated area of Garfield County, Colorado. 2. Section 101.3 is amended to read as follows: 101.3, Intent. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of plumbing equipment and systems. The intent of this code is to meet or exceed the requirements of the state of Colorado plumbing code. When technical requirements, specifications or standards in the 44 111 'INil ANSI di:1`144%1%1N /1111 Reception#: 752001 07!1012008 09:25:03 AM Jean Alberico 45 of 55 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO Colorado plumbing code conflict with this code, the more restrictive shall apply. 3. Section 103.2 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, a guarantee that all buildings and structures have been constructed in accordance with all of the provisions of this code is neither intended nor implied. 4. Section 103.4 is amended to read as follows: 103.4 Liability. The adoption of this code, and any previous codes adopted by Garfield county, 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 codes be deemed to create any civil remedy against a public entity, public employee or agent. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shalt not thereby be rendered liable personally, and is hereby relieved from personal liability for any damages accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of mechanical inspection, acting in good faith, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 5. Section 104.3 is deleted. Garfield County does not require separate plumbing permits. 6. Section 106 is deleted. Garfield County does not require separate plumbing permits. 7. Section 107.1 is amended to read as follows: 107.1 Required inspections and testing. It shall be the duty of the person doing the work, the owner, contractor or subcontractor to know that the building or structure has a valid permit and to notify the building department when work is ready for inspection. Upon conviction, a fine will be assessed to the person doing the work, the owner, contractor or subcontractor if work is being done without a permit and the inspection is not requested. per section 107. It shall be the duty of 45 Ell i1dtilCIA"MiN ®{ II Reception#: 752001 07!10/2000 09:25:03 AM Jean Afberico 46 of 55 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO the person doing the work, the owner, contractor or subcontractor requesting any inspections required by this code to provide access and means for inspection of such work. All inspections requested prior to 3:00 p.m. will be performed the following working day. Such request for inspection may be in writing or by calling the 24 hour automated telephone answering system. 1. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. 2. Rough -in inspection shall be made after the roof, framing, fire blocking, fire stopping, draft stopping and bracing is in place and all sanitary, storm and water distribution piping is roughed -in, and prior to the installation of wall or ceiling membranes. 3. Final inspection shall be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. 8. Section 108.1 is amended to read as follows: Unlawful acts. Any person as defined herein (section 202) who erects, constructs, reconstructs, remodels, enlarges, alters, repairs, moves, improves, converts, demolishes, equips, uses, occupies, or maintains any building or structure, or any part of a building or structure, in the unincorporated area of Garfield County or causes the same to be done, contrary to or in violation of any provisions of this code, or any provisions of PART 2, Article 28, Title 30, C.R.S., 1973, as amended shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not mare than $100.00, or by imprisonment in the county jail for not more than ten days or both by such fine and imprisonment. Each and every day during which such illegal erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, enlarged, altered, repaired, moved, improved, converted, demolished, maintained or used in violation of this code or any provision of Part 2, Article 28, Title 30, C.R.S., as amended, the District Attorney of the District, The Board of County Commissioners of Garfield County, or any owner of real estate within the area subject to this code, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, 46 nil IA FM* IV AVM 110114itaCI , II 111 Reception#: 752001 07/10/2008 09:25:03 RM Jean Rlberico 47 of 55 Rec Fee S0.00 Doc Fee:0.00 GRRFIELD COUNTY CO conversion, demolition, maintenance or use. 9. Section 108.4 Violation penalties is hereby repealed in its entirety. 10. Section 109 is hereby repealed in its entirety. See IBC for appeal process. 11. Section 202 is amended by adding the following definition within the alphabetical order of the existing definitions. FIRE DEPARTMENT OFFICIAL. The chief officer of any fire district in unincorporated Garfield County fire, or the chief officer's authorized representative. PERSON. A natural person or any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state or the United States government. Singular includes plural, male includes female. 12. Section 305.6.1 is amended to read as follows: 305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 18 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. 13. Section 309 is hereby deleted in its entirety. 14. Section 701.2 is amended to read as follows: 701.2 Sewer required. Every building in which plumbing fixtures are installed and all premises having drainage piping shall be connected to a public sewer, where available, or an approved private sewage disposal system in accordance with the Guidelines On Individual Sewage Disposal Systems as published by the Colorado Department of Public Health and Environment, Water Quality Control Division. 15. Section 904.1 is amended to read as follows: 904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. 47 ®III "r , 'M',11o81SA IV,i ,liis°1 ' 1l (11 MI M Reception#: 752001 07/10/2008 09:25:03 RM Jean Alberico 48 of S5 Reo Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO 16. Section 1106.1 is amended to read as follows: 1106.1 General. The size of the vertical conductors and leaders. building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on the 100 -year hourly rainfall of two inches per hour. 17. Section 1108,1 is amended to read as follows: 1108.1 Combination drains and sewers. Combination sanitary and storm drains or sewers are prohibited. VI. 2003 INTERNATIONAL FUEL GAS CODE (I.F.C.) A. Additions and Modifications: The following Sections of the I.F.C. are adopted subject to the following additions or modifications: 1. Section 101.1 is amended to read as follows: 101.1 Title. This resolution shall be known as the Fuel Gas Code of Garfield County, Colorado. This resolution shall be known as the "fuel gas code", may be cited as such, and will be referred to herein as "this code". This code shall apply to all of the unincorporated area of Garfield County, Colorado, 2. Section 103.2 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, a guarantee that all buildings and structures have been constructed in accordance with all of the provisions of this code is neither intended nor implied. 3. Section 103.4 is amended to read as follows: Liability. The adoption of this code, and any previous codes adopted by Garfield County, 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 codes be deemed to create any civil remedy against a public entity, public employee or agent. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered Liable personally, and is hereby relieved from personal liability for any damages accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties under the provisions of this code shall be defended by the legal 48 1111 FM* ®1111 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alber'ico 49 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of mechanical inspection, acting in good faith, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. 4. Section 104.3 is deleted. Garfield County does not require separate fuel gas permits. 5. Section 106 is deleted. Garfield County does not require separate fuel gas permits. 6. Section 107.1 is amended to read as follows: 107.1 Required inspections and testing. It shall be the duty of the person doing the work, the owner, contractor or subcontractor to know that the building or structure has a valid permit and to notify the building department when work is ready for inspection. Upon conviction, a fine will be assessed to the person doing the work, the owner, contractor or subcontractor if work is being done without a permit and the inspection is not requested per Section 107. It shall be the duty of the person doing the work, the owner, contractor or subcontractor requesting any inspections required by this code to provide access and means for inspection of such work. Such request for inspection may be in writing or by calling the 24 hour automated telephone answering system. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping installed, and before backfill is put in place. When excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. Rough -in inspection shall be made after the roof, framing, fire blocking and bracing are in place and components to be concealed are complete, and prior to the installation of wall or ceiling membranes. Final inspection shall be made upon completion of the installation. The requirements of this section shall not be considered to prohibit the operation of any heating equipment installed to replace existing heating equipment serving an occupied portion of a structure in the event a request for inspection of such heating equipment has been filed with the department not more than 48 hours after replacement work is completed, and before any portion of such equipment is concealed by any permanent portion of the structure. 49 1(11IA`'S FIT,Fr11'1[:NiIVAN,DC1A4'f NYGilli 11111 Receptionil: 752001 07/10/2009 09:25:03 AM Jean Plberico 50 of 55 Rec Fee:$0.00 Doc Fee0.00 GARFIELD COUNTY CO 7. Section 108.1 is amended to read as follows: 108.1 Unlawful acts. Any person as defined herein (Section 202) who erects, constructs, reconstructs, remodels, enlarges, alters, repairs, moves, improves, converts, demolishes, equips, uses, occupies, or maintains any building or structure, or any part of a building or structure, in the unincorporated area of Garfield County or causes the same to be done, contrary to or in violation of any provisions of this code, or any provisions of Part 2, Article 28, Title 30, C.R.S., 1973, as amended shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $100.00, or by imprisonment in the county jail for not more than ten days, or both by such fine and imprisonment. Each and every day during which such illegal erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, enlarged, altered, repaired, moved, improved, converted, demolished, maintained or used in violation of this code or of any provision of Part 2, Article 28, Title 30, C.R.S., as amended, the District Attorney of the District, The Board of County Commissioners of Garfield County, or any owner of real estate within the area subject to this code, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, remodel, enlargement, alteration, repair, move, improvement, conversion, demolition, maintenance or use, 8. Section 108.4 is hereby repealed in its entirety. 9. Section 109 is repealed in it entirety. See IBC for appeal process. Section 202 is amended by adding the following definition within the alphabetical order of the existing definitions. FIRE DEPARTMENT OFFICIAL. The chief officer of any fire district in unincorporated Garfield fire protection districts or the chief officer's authorized representative. PERSON. A natural person or any individual, partnership, corporation, association, company or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state or the United States government. Singular includes plural, male includes female. 50 1111 Pig 1,170,* WAN,* ilinf1itrA61101i 11111 Reception#: 752001 07/10/2008 09:25:03 All Jean Alberico 51 of 55 Roc Fee:$0.00 Doc Fee:0.00 GARFIELO COUNTY CO 10. Section 303.3 is amended to read as follows: 303.3 Prohibited locations. Appliances shall not be located in, or obtain combustion air from, any of the following rooms or spaces: Sleeping rooms. Bathrooms. Toilet rooms. Storage closets. Surgical rooms. Exceptions: 1. Direct -vent appliances that obtain all combustion air directly from the outdoors. 2. Vented room heaters, wall furnaces, vented decorative appliances and decorative appliances for installation in vented solid fuel -burning fireplaces, provided that the room is not a confined space and the building is not of unusually tight construction. 3. Appliances installed in a dedicated enclosure in which all combustion air is taken directly from the outdoors, in accordance with Section 304.11. Access to such enclosure shall be through a solid door, weather stripped and equipped with an approved self-closing device. 11. Section 303 is amended to add a subsection. LPG Appliances. Appliances burning LPG (Liquid Petroleum Gas) shall not be installed in a pit, basement or similar location where heavier-than-air gases may collect unless such location is provided with an approved means for removal of unburned gas. The policy in Garfield County to approve such a means is as follows: An untrapped drain with a minimum diameter of 4 inches located in the lowest area where heavier-than-air vapors may collect is to be run with a continuous slope to an exterior area, which is not within a depression or recessed below adjacent terrain. The area of termination is to be determined by the building inspector as likely to remain free of standing water, ice and other debris that may prevent the flow and dissipation of unburned gas. The upper inlet and the termination of the drain are to be provided with protection from the entry of debris or animals, which may cause blockage of the drain. This protection is to be approved by the building inspector. 51 11111KnITZTViiiii,141MAWAVE10.4114 11111 Reception#: 752001 07/10!2006 09:25:03 AM Jean Alberico 52 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 12. Section 403.4.2 is amended to add the following: 404.4.2 Steel. Steel and wrought -iron pipe shall be at least of standard weight (schedule 40) and shall comply with one of the following standards: 1. ASME B 36.10,10M 2. ASTM A53: or 3. ASTM A 106. Galvanized pipe shall not be used with propane. 13. Section 406.4.1 is amended to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be no less than 1-1/2 times the proposed maximum working pressure, but not less than 10 psig irrespective of design pressure. Where the test pressure exceeds 125 psig, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 14. Section 501.8 is amended to read as follows: 501.8 Equipment not required to be vented. The following appliances shall not be required to be vented. 1. Ranges. 2. Built in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section 613). 5. A single booster type instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall not be less than 36 inches vertically and 6 inches horizontally from any surface other than the heater. 6. Refrigerators. 7. Counter appliances. 8. Direct -fire make-up air heaters. 9. Other equipment listed for =vented use and not provided with a flue collar. 10. Specialized equipment of limited input such as laboratory burners and gas lights. Where the appliances and equipment listed in items 1 through 10 above are installed so that the aggregate input rating exceeds 20 Btu per hour per cubic foot of volume of the room or space in which such appliances and equipment are 52 1111 PA FIIT',h:iittI.M,«'1i14111 'iildii i ®1111 Reception#: 752001 07!10!2008 09:25:03 Rif Jean Rlberico 53 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO installed, one or more shall be provided with venting systems or other approved means for conveying the vent gases to the outdoor atmosphere so that the aggregate input rating of the remaining unvented appliances and equipment does not exceed the 20 Btu per hour per cubic foot figure. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorway, archway, or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations. 14, Section 506 is amended by adding a new subsection to read as follows: Factory -built chimney enclosures. Factory -built chimneys shall be effectively fire blocked at each floor level and ceiling level and at the roof. The vertical distance between adjacent fire blocking shall not exceed 10 feet. See mechanical code for other requirements. Factory build chimneys will be installed in an insulated chase when run on the exterior of a building. 15. Section 603.1 is amended to read as follows: 603.1 General. Log lighters are prohibited. 16. Section 620 is amended to read as follows: SECTION 621 UNVENTED ROOM HEATERS 621.1 Prohibited installation. Installation of unvented room heaters and unvented log heaters is prohibited. 53 4 4 ■IIiNI��iY,:i����Ir��M��:iN44s��� ®III! Reception$4: 752001 07/10/2008 09:25:03 AM Jean Alberico 54 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B BUILDING PERMIT FEES Total Valuation* Fee $1.00 to $500.00 $23.50 $501.00 to $2000.00 $23.50 for the first $500.00 plus $3.05 for each additional $1,000.00, or fraction thereof, to and including $2000.00. $2001.00 to $25,000.00 $69.25 for the first $2000.00 plus $14.00 for each additional $1,000.00, or fraction thereof, to and including $25000.00. $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $100,000.00. $500,001.00 to $1,000,000.00 $3233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $500,000.00. $1,000,001.00 and up $5608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof.. Plan Check fee shall be 65% of the building permit fee * Valuations are based upon a chart provided by the International Code Council each year to their members. Other Inspections and Fees: 1. Inspections outside of normal business hours $50.00/hr. (minimum charge -two hours) 2. Reinspection fees $50.00/hr. 3. Inspections for which no fee is specifically indicated $50.00/hr. (minimum charge - hour) 4. Additional plan review required by changes, additions or revisions to plans $50.00/hr. (minimum charge - 4 hour) 5. For use of outside consultants for plan checking and inspections, or both ..Actual Cost 6Elevator Permit and Certification of Inspection Fees a. Passenger or freight elevator, escalator, moving walk Up to and including $50,000 of valuation .$350.00 Over $50,000 of valuation .... $350.00 plus $6,00/each $1000.00 or fraction thereof over $50,000.00. b. Dumbwaiter or private residence elevator: Up to and including $20,000 of valuation .$250.00 Over $20,.000 of valuation .... $250.00 plus $3.00/each $1000.00 or fraction thereof over $50,000.00. 7. Grading Permits 54 1111 Piri. ilikliV,14/1,101VNIMAI IN 11111 Reception#: 752001 07/10/2008 09:25:03 AM Jean Alberioo 55 of 55 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Major Grading - over 10,000 sq. ft. or over 300 cu. Yd. $400.00 Minor Grading - less than 10,000 sq. ft. or under 300 cu. yd. $100.00 8. Manufactured Home Fee .$400.00 9. Re -roofing Fee .$100.00 55 • °NINA/d JNlQ'I!18 LOOZ L g Jnv