6-1 International Building Code

A.    Adoption

The International Building Code, 2009 edition, as published by the International Code Council is hereby adopted by reference as the Building Code of the City of Ouray, State of Colorado for regulating and governing the conditions and maintenance of all property, buildings and structures; providing standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; providing for the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; providing for the issuance of permits and collection of fees therefor; with the additions, insertions, deletions and changes, as described in this Chapter.

B.    Copy on File

One copy of the International Building Code, 2009 edition, is on file in the office of the City of Ouray Building Inspector.

C.    Amendments

1.    The International Building Code, 2009 edition, is amended as follows:

a.    Section 101.1 Title is amended as follows:

These regulations shall be known as the Building Code of the City of Ouray.

b.    Section 109.1 Payment of fees is amended so that permits, other inspections and fees are adopted by resolution of City Council, from time to time, and a copy of said fees shall be on file at the offices of the City of Ouray.

c.    Section 109.6 Refunds is amended as follows:

If no work has been performed on the permit application, the applicant shall be entitled to a full refund of the paid permit fees. If any work has been performed, no more than 80% of the permit fee shall be refunded but the total amount refunded shall be within the sole discretion of the building official based upon how much work has been performed on the permit application.

d.    Section 113 is amended to read as follows:

1.    Section 113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be the City Council of the City of Ouray. The board may adopt rules of procedure for conducting its business.

2.    Section 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code.

3.    Section 113.3 Qualifications shall be deleted in its entirety, along with all references thereto.

e.    Section 1612.3 Establishment of flood hazard areas is amended as follows:

To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for City of Ouray, dated November 11, 1998," and "The Flood Insurance Study for City of Ouray, dated December 9, 2005," as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section.

f.    Section 3412.2 Applicability is amended as follows:

Structures existing prior to July 7, 2012, in which there is work involving additions, alterations or changes of occupancy shall be made to comply with the requirement of this section or the provision of Section 3402 through 3409. The provisions in Section 3412.2.1 through 3412.2.5 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.

D.    Penalty

The following penalty clause as contained in the International Building Code, 2009 Edition, is hereby set forth in full and adopted:

114.1 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to the penalties prescribed by law.

E.    Inspections

The City Administrator, the Building Official or their designated representatives shall have the right of entry to inspect and enforce the provisions of the codes adopted by reference in Section 6-1, and other City building and zoning regulations in accordance with the procedures and provisions of Section 110 of the International Building Code, in addition to any other provisions provided by law.

(Source: Ordinance No. 2, 2023)