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HomeMy WebLinkAbout2012-12 Repealing and Reenaction chapter 10-1, Building Codes, Vail Town CodeORDINANCE NO. 12 SERIES OF 2012 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL TOWN CODE, ADOPTING BY REFERENCE THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PERFORMANCE CODE, 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND WITH REGARD TO THE ABOVE-DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS THERETO, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Vail Town Charter; WHEREAS, the 2009 International Building Code currently adopted by the Town of Vail has been replaced and requiring use of the 2009 International Building Code causes new buildings to meet out of date standards that limit their compatibility with technological advancements; and WHEREAS, the 2012 Editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, the International PerFormance Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2011 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes as set forth in this ordinance and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed repealing and reenacting Chapter 10-1, Building Codes, further the development objectives of the Town of Vail; and WHEREAS, the 2011 edition of the National Electrical Code is required by the State of Colorado; and Ordinance No. 12, Series of 2012 WHEREAS, by adopting the 2012 Editions of the International Building Codes the Town of Vail will establish the most current standards for the removal of barriers for person with disabilities; and WHEREAS, the Vail Town Council finds that the repealing and reenacting Chapter 10-1, Building Codes, promote the health, safety, and general welfare of the Town of Vail and promote the coordinated and harmonious development of the Town of Vail in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: CHAPTER 1 BUILDING CODES SECTION: 10-1-1: Preamble 10-1-2: Codes Adopted By Reference 10-1-3: Amendments to International Building Code 10-1-4: Amendments to International Residential Code 10-1-5: Amendments to International Fire Code 10-1-6: Amendments to International Mechanical Code 10-1-7: Amendments to International Plumbing Code 10-1-8: Amendments to International Fuel Gas Code 10-1-9 Amendments to the International Energy Conservation Code 10-1-10 Amendments to the Uniform Code for the Abatement of Dangerous Buildings 10-1-11: Copies of Codes Available 10-1-12: Penalties 10-1-1: PREAMBLE: The Charter of the Town of Vail and the statutes of the State of Colorado provide that standard codes may be adopted by reference with amendments and the Town of Vail wishes to adopt the 2012 editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, the International Performance Code, 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2011 edition of the National Electric Code. Ordinance No. 12, Series of 2012 2 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code, 2012 Edition including Appendix Chapters B, C, E, G, J and K, and the International Residential Code, 2012 Edition including Appendix Chapters F and G are hereby adopted by reference. The International Building Code, 2012 Edition and the International Residential Code, 2012 Edition are published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. B. Fire Code: The Intemational Fire Code, 2012 Edition including Appendix Chapters A, B, C, D, E, G, H and J as amended is hereby adopted by reference. The International Fire Code, 2012 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. C. Mechanical Code: The International Mechanical Code, 2012 Edition is hereby adopted by reference. The International Mechanical Code, 2012 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. D. Plumbing Code: The International Plumbing Code, 2012 Edition is hereby adopted by reference. The International Plumbing Code, 2012 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478- 5795. E. International Fuel Gas Code: The International Fuel Gas Code, 2012 Edition is hereby adopted by reference. The International Fuel Gas Code, 2012 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. F. Energy Code. The International Energy Conservation Code, 2012 Edition is hereby adopted by reference. The International Energy Conservation Code, 2012 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5705. G. Electrical Code: The National Electrical Code, 2011 Edition is hereby adopted by reference. The National Electrical Code, 2011 Edition is published by the National Fire Protection Association Inc., 1 Batterymarch Park, Quincy, MA 02269. H. Performance Code: The International PerFormance Code, 2012 Edition is hereby adopted by reference. The International Performance Code, 2012 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 1160478-5795. Ordinance No. 12, Series of 2012 3 I. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is hereby adopted by reference. The Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2012 Edition: SECTION 101.1 — TITLE: Title is amended as follows: These regulations shall be known as the Building Code of The Town of Vail, hereinafter referred to as "this code." SECTION 101.4 — REFERENCED CODES: Section 101.4, Referenced Codes, is hereby amended to read as follows: The other codes listed in 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered part of this code. SECTION 105.1.1 — ANNUAL PERMIT: Delete section in its entirety. SECTION 105.2 — WORK EXEMPT FROM PERMIT: Section 105.2, Work exempt from permit, is hereby amended as follows: Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1503.7- SNOWGUARDS/ RETENTION: With the addition of this new section to read as follows: The design of snow retention devices/snow guards shall be designed by a licensed engineer or as determined by the Building Official. SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section is deleted in its entirety and shall be replaced with the following text: All roof coverings and roof assemblies shall comply with Section 14-10-5F, which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited except where exempted for replacement or repair per Section 14-10-5f, Vail Town Code. SECTION 1510.4 — ROOF COVERING: This section is amended to read as follows: Existing wood shingles or wood shakes shall be removed prior to installation of a new roof covering. SECTION 1510.7- SNOW RETENTION. With the addition of this new section to read as follows: Roofs shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, Ordinance No. 12, Series of 2012 4 sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2-BOULDER WALLS: With the addition of this new section to read as follows: Boulder or rock walls more than four feet tall shall be designed by a licensed engineer. SECTION 1604.1.1- HAZARD AREA REQUIREMENTS: With the addition of this new section to read as follows: All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shatl be designed as required by Chapter 12-21, Hazard Regulations. SECTION 1608.2- GROUND SNOW LOADS: This section is to be deleted in its entirety and shall be replaced with the following text: Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12 shall be designed to carry a one hundred (100) pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an eighty (80) pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys, snow drifting or type of roof covering. Any modification for snow load design shall be accomplished using section 1604.1. SECTION 1608.2.1 - ALTERNATIVE ROOF SYSTEMS: With the addition of this new section to read as follows: Alternative roof systems shall be designed to carry a roof snow load resulting from a ground snow load of one hundred forty five (145) pound per square foot. All provisions of Section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. A licensed engineer shall be responsible for determining increased localized snow loading due to architectural building features. SECTION 1803.2.1- SOILS REPORT: With the addition of this new section to read as follows: Site specific soils and foundation investigation reports shall be prepared by a Registered Soils Engineer for the completion of construction documents. Assumption and open-hole investigations are allowed for additions to an existing building of less than two thousand (2,000) square feet of floor area. TABLE 2902.1- MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is amended read as follows: Ordinance No. 12, Series of 2012 �J 1. Footnote f is amended as follows: Drinking fountains are not required for an occupant load of 100 or less, or in A-2, B, M occupancies regardless of occupant load. 2. Footnote g is hereby added to read: Service sinks are recommended, but not required in B or M occupancies with an occupant load of 50 or less if a lavatory is provided. SECTION 2406.4.5 GLAZING AND WET SURFACES: Exception amended to read as follows: Exception: Glazing that is more than sixty (60) inches (1524mm) measured horizontally and in a straight line from the water's edge of a bathtub, shower, hot tub, spa, whirlpool or swimming pool. SECTION 2902.2- SEPARATE FACILITIES: Exception 2 and 3 of this section are amended to read as follows: Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load including both employees and customers of 30 or less. Exception 3: Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2012 Edition: SECTION 101.1 — TITLE: Title is amended read as follows: These regulations shall be known as the Building Code of The Town of Vail, hereinafter referred to as "this code." SECTION R102 — APPLICABILITY: Section R102.4, Referenced Codes and Standards, is hereby amended by adding the following text: Reference to other codes such as Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of that type. SECTION R105.2- WORK EXEMPT FROM PERMIT: This section is hereby amended to read as follows: Item 2, Fences not over six (6) feet (2134 mm) high. SECTION R301.2.4- FLOODPLAIN CONSTRUCTION: This section is to be deleted in its entirety and shall be replaced with the following text: Buildings and structures constructed in flood hazard areas are subject to Chapter 12-21, Hazard Regulations, Vail Town Code. SECTION R313.2- ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS: This section is to be deleted in its entirety and replaced with the following Ordinance No. 12, Series of 2012 6 text: An automatic residential fire sprinkler system shall be required as determined by the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems. SECTION R313.2.1- DESIGN AND INSTALLATION: This section is to be deleted in its entirety and replaced with the following text: Automatic residential fire sprinkler systems shall be designed and installed in accordance to the International Fire Code, 2012 Edition, Section 903 and Vail Fire and Emergency Services Fire Sprinkler Installation Standards. SECTIONS R1004.3 and R1005.2- DECORATIVE SHROUDS: These sections are to be amended to add Exception: Decorative shrouds that are not listed and labeled for use with the specific factory built fireplace shall be permitted when the decorative shroud complies with the requirements of Section R1003.9.1. CHAPTER 4 thru CHAPTER 7- These chapters are to be deleted in their entirety and replaced with the following text: All structural elements and design shall conform to International Building Code as amended by the Town of Vail. Exception: Section R612 shall still apply. CHAPTER 8- Sections R802 thru R804 are to be deleted in their entirety.. CHAPTER 9- This chapter is to be deleted in its entirety and replaced with the following text entirety and amend to read: Roofing systems shall conform to the International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 43- These Chapters are to be deleted in their entirety and replaced with the following text: Reference to other codes such as Plumbing, Mechanical, Energy, and Electrical respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2012 Edition: SECTION 101.1 — TITLE: Title is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as "this code." SECTION 102.7- REFERENCED CODES AND STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text: The codes and standards referenced in this code shall be those listed in Chapter 80 and Vail Fire and Emergency Services Standards as approved by the Vail Fire Code Official and as Ordinance No. 12, Series of 2012 % published on the Town of Vail web site at www.vailgov.com. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions, and where differences occur befinreen provisions of this code and the adopted standards, the more stringent of the finro shall apply. Fire sprinkler standards, fire alarm standards, commissioning standards and related standards shall be published and available for review. SECTION 202 -DEFINITIONS: Amend to add this new section to read as follows: Tampering: Any alteration, damage, misuse or deactivation and/or any similar actions that render inoperable any fire protection, fire detection or life safety system without express written approval of Vail Fire and Emergency Services. [See Section 901.8] SECTION 308.1.4 -OPEN-FLAME COOKING DEVICES: Amend this section to add the following language as follows: Exception 4. Listed or AIG certified natural gas appliances. SECTION 312.4- ELECTRIC METERS, GAS METERS AND PIPING: Amend to add this new section to read as follows: Above ground electric meters, gas meters, regulators and piping shall be protected from damage by ice or snow and if exposed to vehicular damage due to proximity to alleys, driveways or parking areas shall be protected from such potential damage in accordance with section 312.1 of this code SECTION 503.1- Fire Apparatus Access Roads-WHERE REQUIRED: Amend this section to add the following language as follows: Refer to Title 14, Development Standards, Vail Town Code for additional requirements. SECTION 507.5.7- MOUNTAIN HYDRANTS: Amend to add this new section to read as follows: Fire hydrants are considered "Mountain Hydrants" when they are placed such that the center point of the discharge outlet is not less than thirty-six (36) inches above finish grade. New fire hydrants and fire hydrants replaced or relocated in locations other than in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely shall be placed as Mountain Hydrants. SECTION 510.1- EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: Amend this section to add the following language as follows: See Chapter 10-3, In- Buildings Public Safety Radio System Coverage, Vail Town Code, for additional requirements. SECTION 901.6.1- STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text: Fire protection systems shall be installed, inspected, tested and maintained in accordance with the referenced standards listed in Table Ordinance No. 12, Series of 2012 8 901.6.1 and in accordance with Vail Fire and Emergency Services Fire Sprinkler Installation Standards. SECTION 901.11 LIFE SAFETY REPORTS: Amend to add this new section to read as fol lows: A Life Safety Report shall be approved by the Vail Fire Code Official prior to issuance of a building permit for all buildings fifty-five (55) feet or greater in height, measured from fire department access to the highest occupied floor level, inaccessible buildings or where the building is employing a performance based design. Elements of the Life Safety Report shall include, but are not limited to: exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. SECTION 902 -DEFINITIONS: Amend this section to add the following language as follows: False Alarms: See Title 4, Business and License Regulations, Vail Town Code. SECTION 903.2.10- GROUP S-2 ENCLOSED PARKING GARAGES: Delete the following: Exception: Enclosed parking garages located beneath Group R-3 occupancies. SECTION 903.3.1.3- Delete and amend to: NFPA 13R SINGLE FAMILY / DUPLEX SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with: the following text; Where a fire sprinkler system is required by this code, automatic sprinkler systems shall be installed in a one and finro-family dwelling or townhouse shall be installed throughout in accordance with NFPA 13R and Vail Fire and Emergency Services Installation Standards. SECTION 903.3.5.1.1- LIMITED AREA SPRINKLER SYSTEMS: Delete section in its entirety. SECTION 903.4- SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section is hereby amended as follows: Delete Exceptions 1 through 7. APPENDIX B- FIRE FLOW REQUIREMENTS: Amend this section to read as follows: The maximum reduction for sprinkled buildings shall be not greater than 50%. Ordinance No. 12, Series of 2012 9 APPENDIX D- FIRE APPARATUS ACCESS ROADS: Amend this section by adding the following language as follows: This section is for reference only but may be used in performance based design. Refer to Title 14, Development Standards, Vail Town Code. APPENDIX G- CYROGENICS: Weight and Volume Tables: Amend this section to add the following language as follows: Use as reference only. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the International Plumbing Code, 2012 Edition: SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Plumbing Code of the Town of Vail hereinafter referred to as "this code." SECTION 101.2- SCOPE: This section is hereby amended to read as follows: Delete exception in its entirety. 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the International Fuel Gas Code, 2012 Edition: SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Fuel Gas Code of the Town of Vail, hereinafter referred to as "this code". SECTION 101.2- SCOPE: This section is hereby amended to read as follows: Delete Exceptions in its entirety. SECTION 303.3- PROHIBITED LOCATIONS: This section is hereby amended to read as follows: Delete Exception 2, 3 and 4 in their entirety. SECTION 304.11- COMBUSTION AIR DUCTS: This section is hereby amended to read as follows: Item 8. Combustion air intake openings located on the exterior of a building shall be at least sixty (60) inches above the adjoining ground or at least thirty-six (36) inches above the roof. SECTION 304.1- GENERAL: This section is hereby amended to include the following text: New construction shall be considered unusually tight construction as defined by this code. Ordinance No. 12, Series of 2012 � 0 SECTION 406.4.1 -TEST PRESSURE: This section is hereby amended to read as follows: The test shall include an air, carbon dioxide or nitrogen pressure test at which time the gas piping shall withstand a pressure of not less than 10 Pressure Per Square Inch Gauge (69 kPa). For welded pipe and for piping carrying gas pressure exceeding fourteen (14) inch water column, the test shall be at least sixty (60) Pressure Per Square Inch Gauge (414 kPa). SECTION 406.4.2- TEST DURATION: This section is hereby amended to read as follows: Test duration shall not be less than fifteen (15) minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding fourteen (14) inch water column the duration shall not be less than thirty (30) minutes. SECTION 409.7- NATURAL GAS EMERGENCY GENERATORS: With the addition of this new section to read as follows: Gas emergency generators shall have a dedicated gas line connected on the supply side of the main gas shutoff valve and marked as supplying an emergency generator per NFPA 110.7.9.7 & 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4- FIRE PITS: With the addition of this new section to read as follows: Fire pits serving any residential units require automatic shut-off controls with a maximum timer of thirty (30) minutes and may only be served by a three quarter inch ('/.") gas pipe. SECTION 501.8 -EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended to read as follows: Delete item 8 and 10. SECTION 503.6.4- GAS VENT TERMINATIONS: This section is amended with the addition of the following text: Item 8. Gas appliance vent terminations located on the exterior of a building shall be at least sixty (60) inches above the adjoining ground or at least thirty-six (36) inches above the roof. SECTION 603- LOG LIGHTERS: This section is hereby amended with the addition of the following text: Log lighters are prohibited in the Town of Vail. SECTION 621.2- PROHIBITED USES: The section is herby amended with the addition of the following text: Log lighters are prohibited in the Town of Vail. 10-1-9: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2012 Edition. Ordinance No. 12, Series of 2012 11 SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Energy Conservation Code of the Town of Vail hereinafter referred to as "this code." TABLE 402.1.1- INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTS: This table to be revised by the addition of Footnote j to read as follows; The fenestration U- factor for the Town of Vail shall be 0.30 for all new one and finro family dwelling units and amend footnote h to read as follows: Cavity plus continuous insulation shall not be required. SECTION 402.4.2.1 TESTING OPTION: This section is hereby amended with the addition of the following text: The testing agency shall be approved by the Building Official. SECTION 403.9.3- POOL COVERS: The Exception to this section is hereby deleted in its entirety. SECTION 403.6- EQUIPMENT SIZING (MANDATORY): This section is hereby amended to read as follows: Heating equipment shall be sized in accordance with ASHRAE, 2004 Edition, Chapter 17 for residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of ninety-finro percent (92%) AFUE. 10-1-10: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION: The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition: SECTION 301- GENERAL: This section is herby amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. BUILDING CODE: is the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-11: COPIES OF CODES AVAILABLE: Copies of all the codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk. Ordinance No. 12, Series of 2012 � 2 10-1-12: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fails to comply therewith or who violates or fails to comply with any order made thereunder or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder or within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violation or defects within a reasonable time and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town of Vail may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code: Ord. 25(1991) § Section 2. The Codes adopted by this Ordinance shall be effective for all Building Permit Applications received by the Town of Vail, Community Development Department, Building Safety and Inspection Services on or after January 1, 2013. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or Ordinance No. 12, Series of 2012 13 1' part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2"d day of October, 2012 and a public hearing for second reading of this Ordinance set for the 16th day of October, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTE T: � Lorel i Donald on, Town Clerk Andrew P. Daly, Ma S�� O�� ��jl O:' . f' : ti.• � • • A . • � . • � . . . . . . . . . � •� � .• ••�������� w� INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of October, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 12, Series of 2012 14 Andrew P. Daly, M or . ': nc ;"a: