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Ordinance Number 253

An Emergency Ordinance adopting by reference the International Building Code, 2012 editions, the International Plumbing Code, 2012 edition, the Mechanical Code 2012 Edition, the International Fire Code, 2012 edition, the International Fuel Gas Code 2012 Edition, The International Residential Code 2012 Edition, the International Energy Conservation Code, 2012 edition, the International Property Maintenance Code 2012 edition, the International Existing Building Code 2012 edition, all promulgated by the International Code Council, and the National Electrical Code, most current edition adopted by the State of Colorado, published by the National Fire Protection Association.  

Whereas, the Town of Deer Trail has not previously adopted building regulations.

Whereas, the Board of Trustees now recognizes there is an immediate need in the best interests of the public health and safety of the Town to have uniform building regulations and a building official; and

Whereas, the adoption of this Ordinance is necessary as an emergency for the immediate preservation of the public health, safety and welfare of the Town based on the current need to adopt such uniform building regulations.

Be it Ordained by the Board of Trustees of the Town of Deer Trail, Colorado that: 

Section 1.

The Town of Deer Trail hereby adopts by reference the International Building Code, 2012 Edition, the International Plumbing Code, 2012 Edition, the International Mechanical Code, 2012 Edition, the International Fire Code, 2012 Edition, the International Fuel Gas Code, 2012 Edition, the International Residential Code, 2012 Edition, the International Energy Conservation Code, 2009 Edition, the International Property Maintenance Code, 2012 Edition, the International Existing Building Code, 2012 Edition, and the National Electrical Code, most current edition adopted by the State of Colorado, and published by the national fire protection association to read as follows:

Article I Building Code 

A. Adoption.

The International Building Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 35 inclusive, is hereby adopted by reference thereto.

B. Purpose.

The purpose and subject matter of the International Building Code include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. In all sections of this code where a reference is made to the International Building Code, said reference shall be to the 2012 Edition of said Code.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Building Code is adopted with the following amendments:

  1. Section 101.1 is amended by the addition of the term "Town of Deer Trail" where indicated.
  2. Section 101.4.1 (Electrical) is amended by replacing "ICC Electrical Code" with "adopted electrical code." 
  3. Section 101.4.3 (Plumbing) is amended by deletion of the last sentence. 
  4. Section 105.1 (Required) is amended by replacing the words "building official" with "town." 
  5. Section 109.4 (Work commencing before permit issuance) is amended by replacing the words "building official" with "town" and adding the words "the fee shall be equal to 100% of the original building fee in addition to the required permit fees." 
  6. Section 109.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following:

    The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected.

    The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. 

    The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. 

    The town 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.
  7. Section 111.3 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentences and replacing them with "town."
  8. Section 113.1 (General) is amended by deleting the last two (2) sentences and inserting the following:

    The members of the board of appeals shall be comprised of the members of the Town Board.
  9. Section 113.3 (Qualifications) is amended by deleting the section in its entirety. 
  10. Section 202 (Definitions) is amended by addition of the following:

    "Sleeping Room" (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IBC Section 1208 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms.
  11. Section 1612.3 (Establishment of flood hazard areas) is amended by the insertion of "Town of Deer Trail" where indicated in [Name of Jurisdiction] and the date of the latest flood insurance study for the town, where indicated in [Date of Issuance]. 
  12. Section 3401.3 (Compliance with other codes) is amended by deleting International Fire Code and inserting in its place "adopted fire code", deleting International Private Sewage Disposal Code, and deleting ICC Electrical Code and inserting in its place "National Electrical Code as adopted by the State of Colorado".

E. Penalty.

  1. It shall be unlawful for any person to do any act which is forbidden or declared to be unlawful or declared to be a nuisance or to fail to do or perform any act required in the Building Code, or for any person to erect, construct, reconstruct, alter, remodel, use or maintain any building, structure or equipment in the Town of Deer Trail, or cause to permit the same to be done, contrary to or in violation of any of the provisions of the Building Code. Maintenance of any condition which was unlawful at the time it was initiated, and which would be unlawful at the time it was installed after the effective date hereof shall constitute a continuing violation. Any person violating any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, and upon conviction of any such violation shall be punishable by a fine of up to $999.00 per day. 
  2. In addition to any and all other remedies provided by law, the town may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove any unlawful act, erection, construction, reconstruction, alteration, remodeling or use. 
  3. It shall be unlawful for any person to erect, construct, reconstruct, alter, remove or change the use of any building or other structure within the town without first obtaining all permits required by the Building Code. No such permit shall be issued unless the plans for the proposed erection, construction, reconstruction, alteration, removal or use fully conform to the ordinances adopted by the Town of Deer Trail, and to other applicable regulations of the town.

Article II Plumbing Code

A. Adoption.

The International Plumbing Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 13 inclusive, is hereby adopted by reference thereto.

B. Purpose.

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.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Plumbing Code is adopted with the following amendments: 

  1. Section 101.1 (Title) is amended by the addition of the term "Town of Deer Trail" where indicated. 
  2. Section [A] 106.6.2 IPC Section [A] 106.6.2 (Fee Schedule) is amended to read "The fees for work shall be as indicated on the Town fee schedule adopted by the Town Board." 
  3. Section [A] 106.6.3 IPC Section [A] 106.6.3 (Fee Refunds) is amended by deleting the section in its entirety and replacing the section with the following:

    The Town may authorize refunding of any fee paid hereunder that was erroneously paid or collected. The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Town shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.
  4. Section 305.4.1 (Sewer Depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)." 
  5. Section 312.3 (Drainage and vent air test) is amended by deleting the first sentence. 
  6. Section 903.1 (Roof extension) is amended by inserting the number "6" (152.4 mm) where indicated in the second sentence.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more $999.00. Each day that a violation continues shall be deemed a separate offense.

Article III Mechanical Code

A. Adoption.

The International Mechanical Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 15 inclusive, is hereby adopted by reference thereto.

B. Purpose.

The purpose of this Article is to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Mechanical Code is adopted with the following amendments:

  1. Section 101.1 (Title) is amended by the addition of the term "Town of Deer Trail" where indicated.
  2. Section [A] 106.5.2 IMC Section [A] 106.5.2 (Fee Schedule) is amended to read "The fees for work shall be as indicated on the Town fee schedule adopted by the Board of Trustees."
  3. Section [A] 106.5.3 IMC Section [A] 106.5.3 (Fee Refunds) is amended by deleting the section in its entirety and replacing the section with the following:

    The Town may authorize refunding of any fee paid hereunder that was erroneously paid or collected.

    The Town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Town shall not authorize refunding of any fee paid except on written application filed by the original applicant not later than 180 days after the date of fee payment.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more $999.00. Each day that a violation continues shall be deemed a separate offense.

Article IV Fire Code

A. Adoption.

The International Fire Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's fire code, subject to the amendments contained herein.

B. Purpose.

The purpose of this Article is to adopt comprehensive standards to safeguard life and property from the hazards of fire, explosion and dangerous conditions.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Fire Code is adopted with the following amendments:

  1. The following definitions shall be added to Section 202:
    • Wherever the word 'jurisdiction' is used in the International Fire Code, it shall refer to the Fire Protection District, volunteer fire department or fire code enforcement agency as designated by the Town for that geographical area. 
    • Wherever the word "Board" is used in amendments to the International Fire Code, it shall be held to mean the Board of Directors of the Fire Protection District, volunteer fire department or fire code enforcement agency as designated by the Board of Trustees of the Town for that geographical area. 
    • Wherever the words "new construction" is used in amendments to the International Fire Code, it shall be held to mean any new permanent building, addition or temporary structure. "New construction" is also considered a change of use or any remodeling that exceeds 50% of the currently assessed Arapahoe County property valuation or any remodeling that encompasses more than 50% of
      the existing building floor area or any addition which add more than 25% of additional useable floor area to the existing building. 
    • Wherever the word "driveway" is used in the amendments to the International Fire Code, it shall refer to any approved access roadway serving two (2) or less single-family dwellings that extends from the public access roadway to the residence.
  2. Section 108.1 is amended by the addition of the following language:
  • In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the board and such additional persons as the board deems necessary. 
  1. Section 109.3 is amended as follows:
  • 109.3 Violation penalty. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, within the geographical limits of a municipality shall be subject to the penalties set forth in this Ordinance. 
  1. Section 111.4 is amended as follows:
  • 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, within the geographical limits of a municipality shall be subject to the penalties set forth in this Ordinance. 
  1. Article 33, Explosives and Fireworks is superseded to the extent there is any inconsistency by the provisions of Sections 12-28-101 through 12-28-113, C.R.S., and the rules and regulations promulgated thereunder, and the provisions of Sections 12-28-101 through 12-28-113, C.R.S., shall govern. 
  2. Section 503.2.1 is amended as follows:
  • 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), and unobstructed vertical clearance of not less than 13 feet, 6 inches (4,115 mm).
  • Exception: The fire code official is authorized to decrease the dimension of 20
    feet (6,096 mm) where:
    • There are not more than two Group R-3 or Group U occupancies accessed by a driveway, designed and approved in accordance with the Elbert County Road and Bridge Manual: or
    • Approved security gates in accordance with section 503.6.
  1. Section 503.2.1 is amended as follows:
  • 503.2.3 Surface. All fire apparatus access roads required by the code must provide all-weather access consisting of asphalt or concrete paving or be designed and built to all-weather standards to support the jurisdiction's firefighting apparatus, as certified by a registered Colorado professional engineer. 
  1. Section 510 is amended as follows:
  • 510. Emergency responder radio coverage in new buildings. Where adequate radio coverage cannot be established within a building, as defined by the fire code official, an approved radio coverage for emergency responders shall be installed in the locations below. This section shall not require improvement of the existing public safety communication systems.
    • a. New buildings with a total building area of 50,000 square feet or building additions that cause a building to be greater than 50,000 square feet. For the purposes of this section, fire walls shall not be used to define separate buildings.

Exception: When buildings are constructed with material that does not hinder the efficient operation of radio frequencies from within the structure.

  • All new basements over 10,000 square feet where the design occupant load is greater than 50, regardless of the occupancy classification.
  • Existing buildings meeting the criteria of Item #1 or #2 of this section undergoing alterations exceeding 50% of the aggregate area of the building.

Exception: One- and two-family dwellings.

  1. Section 903.2.8 shall be amended as follows:

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

Exception: Single Family dwelling under 3500 square feet of total building envelope.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more $999.00. Each day that a violation continues shall be deemed a separate offense.

Article V Fuel Gas Code

A. Adoption.

The International Fuel Gas Code, 2012 Edition, as published by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001, is hereby adopted by reference as the Town's fuel gas code, subject to the amendments contained herein.

B. Purpose.

The purpose of this Article is to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of fuel gas systems.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Fuel Gas Code is adopted with the following amendments: Section 101.1 (Title) is amended by the addition of the term "Town of Deer Trail" where indicated.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than $999.00. Each day that a violation continues shall be deemed a separate offense.

Article VI Residential Code

A. Adoption.

The International Residential Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 43 inclusive, is hereby adopted by reference, subject to the amendments contained herein.

B. Purpose.

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

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Residential Code is adopted with the following amendments:

  1. Section R101.1 (Title) is amended by the addition of the term "Town of Deer Trail" where indicated. 
  2. Section R105.1 (Required) is amended by replacing the words "building official" with "town." 
  3. Section R108.5 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following:

    The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town 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.
  4. Section 108.6 (Work commencing before permit issuance.) Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the Town. The fee shall be equal to 100% of the original building fee in addition to the required permit fees. 
  5. Section R110.4 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it with "town". 
  6. Section R110.4 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentences and replacing them with "town." 
  7. Section R112.1 (General) is amended by deleting the last three (3) sentences and inserting the following: "The members of the board of appeals shall be comprised of the members of the Town Board." 
  8. Section R112.3 (Qualifications) is amended by deleting the section in its entirety. 
  9. H. Section R202 (Definitions) is amended by addition of the following:

    "Sleeping Room" (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms."
  10. Table R301.2(1) is filled to provide the following: 

    Weathering.
     

    Ground Snow LoadWind Speed (mph)Seismic Design CategorySubject to Damage From WeatheringIce Shield Underlayment RequiredFlood HazardAir Freezing IndexMean Annual Temp  
    4090BSevere36Slight to ModerateNoPer Town Ordinances1,00045 degrees

* Ground Snow Load = Roof Snow Load, reductions for Snow Loads are not allowed.

  1. Section R302.2 (Townhouses) is amended by replacing "1-Hour fire resistance-rated wall" with "2-Hour fire resistance-rated wall." 
  2. Section R303.4 (Mechanical Ventilation) is amended by replacing "5 air changes per hour" with "7 air changes per hour" and replacing the words "in accordance with section N1102.4.1.2" with "in accordance with section 402.4.2.1 of the International Energy Conservation Code 2009 Edition." 
  3. Section R313 (Automatic Fire Sprinkler Systems) is deleted in its entirety and amended to read as follows: "When provided, automatic residential fire sprinkler systems for one- and two-family dwellings and Townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D." 
  4. Section R401.2 (Requirements) is amended by the addition of the following:

    Foundations shall be designed, and the construction drawings stamped by a Colorado registered design professional. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification prepared by a State of Colorado registered design professional is required for setback verification on all new Group R Division 3 occupancies.
  5. Section R405.1 (Concrete and masonry foundations) is amended with the addition of the following after the first sentence: "All foundation drains shall be designed and inspected by a State of Colorado registered design professional." 
  6. Chapter 11 (Energy Efficiency) is deleted in its entirety and replaced with the 2009 International Energy Conservation Code. 
  7. Section G2415.12 (Minimum burial depth) is amended by the addition of the following: "All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade." 
  8. Section G2417.4.1 (Test pressure) is amended by changing "3 psig" to "10 psig." 
  9. Section P2503.5.1 (Rough plumbing) is amended by deleting the first paragraph and replacing with "DWV systems shall be tested on completion of the rough piping installation by water or air with no evidence of leakage." 
  10. Section P2603.5.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)." 
  11. Section P3103.1 (Roof extension) is amended by filling in both areas where indicated to read "6 inches (152.4 mm)".

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than $999.00. Each day that a violation continues shall be deemed a separate offense.

Article VII Energy Conservation Code

A. Adoption.

The International Energy Conservation Code, 2009 Edition as published by the International Code Council, West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 6 inclusive is hereby adopted by reference thereto.

B. Purpose.

The purpose of this Article is to regulate the design of energy-efficient buildings and energy-efficient mechanical, lighting and power systems for the purpose of protecting the public health, safety and welfare.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Energy Conservation Code is adopted with the following amendments:

  1. Replace all references to "ICC Electrical Code" with "adopted electrical code." 
  2. The International Energy Conservation Code is amended by replacing all references to "International Fire Code" with "adopted fire code". 
  3.  (Title) is amended by the addition of the term "Town of Deer Trail" where indicated.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than $999.00. Each day that a violation continues shall be deemed a separate offense.

Article VIII Property Maintenance Code

A. Adoption.

The International Property Maintenance Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 2 inclusive, is hereby adopted by reference thereto.

B. Purpose.

The purpose of this Article is to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the conditions and maintenance of all property, buildings and structures.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The International Property Maintenance Code is adopted with the following amendments:

  1. Section 101.1 (Title) is amended by the addition of the term "Town of Deer Trail" where indicated. 
  2. Section 103.5 (Fees) is amended by deleting the section in its entirety. 
  3. Section 111.2 (Membership of board) is amended by deleting the section in its entirety and inserting the following: "The members of the board of appeals shall be comprised of the members of the Town Board.
  4. Section 111.2.1 (Alternate members) is amended by deleting the section in its entirety. 
  5. Section 111.2.2 (Chairman) is amended by deleting the section in its entirety. 
  6. Section 111.2.3 (Disqualification of member) is amended by deleting the section in its entirety. 
  7. Section 111.2.4 (Secretary) is amended by deleting the section in its entirety. 
  8. Section 111.2.5 (Compensation of members) is amended by deleting the section in its entirety.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more $999.00. Each day that a violation continues shall be deemed a separate offense.

Article IX Electrical Code

A. Adoption.

The most current edition of the National Electrical Code as adopted by the State of Colorado Electrical Board, published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, is hereby adopted by reference as the Town's electrical code, subject to the amendments contained herein.

B. Purpose.

The purpose of this Article is to adopt comprehensive provisions and standards regulating the installation of electrical conductors and equipment within or on public or private buildings or other structures and the installation of electrical conductors and equipment to a supply of electricity and other outside conductors on public or private property to protect the public health, safety and general welfare.

C. Copy on file.

At least one (1) certified true copy of each of the primary and secondary codes adopted by this Article shall be on file in the office of the Town Clerk and available for inspection during regular business hours.

D. Amendments.

The National Electrical Code is adopted with the following amendments: None.

E. Penalty.

Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than $999.00. Each day that a violation continues shall be deemed a separate offense.

Article X International Existing Building Code

A. Adopted.

The International Existing Building Code, 2012 Edition as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, Chapters 1 through 15 inclusive is hereby adopted by reference thereto.

B. Purpose.

The purpose and subject matter of the International Existing Building Code include the provision of standards for changes of occupancy and alterations or repairs of existing buildings and structures which encourage the continued use or reuse of legally existing buildings and structures. Any reference to the International Existing Building Code within this title shall be to the 2012 Edition of said code. The town clerk shall maintain sufficient copies of the International Existing Building Code as required by law in the town hall.

C. Amendments.

The International Existing Building Code as adopted by the town is hereby amended as follows:

  1. The International Existing Building Code is amended by replacing all references to "International Fire Code" with "adopted fire code". 
  2. The International Existing Building Code is amended by replacing all references to "ICC Electrical Code" with "National Electrical Code as adopted by the State of Colorado". 
  3. Section 101.1 (Title) is amended by the addition of the term "Town of Deer Trail" where indicated. 
  4. Section 1301.1 (Conformance) is amended by deleting the section in its entirety and replacing it with the following: "Structures moved into or within the jurisdiction shall comply with the provision of this code for new structures.

D. Violation and penalties.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person who violates any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined the sum of not more than $999.00. Each day that a violation continues shall be deemed a separate offense.

Section 2. 

If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 3. Repealer.

All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.

Section 4. 

The Board of Trustees hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the immediate preservation of health and safety and for the protection of public convenience and welfare. The Board of Trustees further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 5. Emergency Clause. 

The Board of Trustees hereby finds, determines and declares that this Ordinance is necessary for the immediate preservation of the health, safety and welfare of the Town of Deer Trail due to the current and immediate need within the Town to have uniform building regulations.

Section 6. Recording and Authentication. 

Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law.

Section 7. 

This Ordinance shall take effect as an emergency measure immediately upon its adoption.

Adopted and approved this __ day of __ 2016.

Kent Vashus, Mayor
Town of Deer Trail, Colorado 

Attest: Wendy Heywood, Town Clerk