The government of the United States of America, the state and
its political subdivisions, the city, and all agencies and departments thereof
shall be exempt from the payment of fees for work performed on buildings or
structures owned wholly by such agencies or departments and devoted to
governmental use.
(B) Section 603.3 of the Uniform Mechanical Code, 1994
edition, is amended by the addition of the following sentence:
Appliances shall be connected to the duct system by means of
an approved flexible connection, unless the building official waives such
connection as unnecessary for protection against expansive soil
movement.
15-10-060 Violation; penalties.
The penalty for violation of the provisions of this chapter
shall be as prescribed in chapter 1-12, B.M.C.
Section 14. The National Electrical Code, 1996 edition,
published by the National Fire Protection Association, as adopted and amended in
chapter 15-12, B.M.C., is hereby adopted as a primary code by reference and
incorporated in the Broomfield Municipal Code. A copy of this primary code is
on file in the office of the city clerk. Consistent herewith, chapter 15-12,
B.M.C., is repealed and reenacted to read as follows:
15-12-010 Code adopted.
Pursuant to the authority conferred by section 6.11 of the
Charter, there is adopted by reference the National Electrical Code, 1996
edition, to have the same force and effect as though set forth in this chapter
in every particular, as amended in this chapter.
15-12-020 Code described.
The National Electrical Code, 1996 edition, is published by
the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts 02269.
15-12-030 Copy on file.
At least one copy of the National Electrical Code, 1996
edition, as adopted, is on file in the office of the city clerk and may be
inspected during regular business hours. In addition, copies are available for
sale and distribution to the public at a price not to exceed the cost thereof to
the city.
15-12-040 Purpose.
The purpose of this chapter is the practical safeguarding of
persons and property from hazards arising from the use of electricity.
15-12-050 Amendments to code.
(A) A new Article 70, entitled "Organization and Enforcement"
is added to read as follows:
70-1. Powers and duties of building official.
(a) General. The building official is hereby authorized
and directed to enforce all the provisions of this chapter. For such purposes,
he shall have the powers of a law enforcement officer.
(b) Deputies. In accordance with prescribed procedures and
with the approval of the appointing authority, the building official may appoint
technical officers and inspectors and other employees as shall be authorized
from time to time.
(c) Right of entry. Whenever necessary to make an
inspection to enforce any of the provisions of this chapter, or whenever the
building official or his authorized representative has reasonable cause to
believe that there exists in any building or upon any premises any condition or
code violation which makes such building or premises unsafe, dangerous, or
hazardous, the building official or his authorized representative may enter such
building or
premises at all reasonable times to inspect the same or to
perform any duty imposed upon the building official by this chapter, provided
that if such building or premises be occupied, he shall first present proper
credentials and request entry. If such building or premises be unoccupied, he
shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If such entry
is refused, the building official or his authorized representative shall have
recourse to every remedy provided by law to secure entry.
(d) Stop orders. Whenever any work is being done contrary
to the provisions of this chapter, the building official may order the work
stopped by notice in writing served on any persons engaged in the doing or
causing such work to be done, and any such persons shall forthwith stop such
work until authorized by the building official to proceed with the
work.
(e) Use violations. Whenever any premises or equipment
therein regulated by this chapter is being used contrary to the provisions of
this chapter, the building official may order such use discontinued and the
premises, or portion thereof, vacated by notice served on any person causing
such use to be continued. Such person shall discontinue the use within the time
prescribed by the building official after receipt of such notice to comply with
the requirements of this chapter.
(f) Authority to disconnect utilities in emergencies. The
building official or his authorized representative shall have the authority to
disconnect any electric power or energy service supplied to the building,
structure, or building service equipment therein regulated by this chapter in
case of emergency where necessary to eliminate an immediate hazard to life or
property. The building official shall whenever possible notify the serving
utility, the owner and occupant of the building, structure, or electrical system
or equipment of the decision to disconnect prior to taking such action, and
shall notify such serving utility, owner and occupant of the building,
structure, or building service equipment, in writing, of such disconnection
immediately thereafter.
(g) Authority to condemn electrical system and equipment.
Whenever the building official ascertains that any electrical system or
equipment regulated in this code has become hazardous to life, health, or
property, he shall order in writing that such electrical system or equipment
either be removed or restored to a safe condition, whichever is appropriate.
The written notice itself shall fix a time limit for compliance with such order.
No person shall use or maintain defective electrical system or equipment after
receiving such notice.
When such equipment or installation is to be disconnected, a
written notice of such disconnection and causes therefor shall be given within
24 hours of the order to disconnect to the serving utility, the owner and
occupant of such building, structure, or premises.
When any electrical system or equipment is maintained in
violation of this chapter and in violation of any notice issued pursuant to the
provisions of this section, the building official shall institute any
appropriate action to prevent, restrain, correct, or abate the
violation.
(h) Connection after order to disconnect. No person shall
make connections from any energy or power supply nor supply power to any
electrical system or equipment which has been disconnected or ordered to be
disconnected by the building official or the use of which has been ordered to be
discontinued by the building official until the building official authorizes the
reconnection and use of such electrical system or equipment.
(i) Liability. The building official, or his authorized
representative charged with the enforcement of this chapter, acting in good
faith and without malice in the discharge of his duties, shall not thereby
render himself personally liable for any damage that may accrue to persons or
property as a result of any act or by reason of any act or omission in the
discharge of his duties. Any suit brought against the building official or
employee because of such act or omission performed by him in the enforcement of
any provision of this chapter shall be defended by this jurisdiction until final
termination of such proceedings, and any judgment resulting therefrom shall be
assumed by this jurisdiction.
This code shall not be construed to relieve from or lessen
the responsibility of any person owning, operating, or controlling any building
or structure for any damages to persons or property caused by defects, nor shall
the code enforcement agency or its parent jurisdiction be held as assuming any
such liability by reason of the inspections authorized by this chapter or
approvals issued under this chapter.
(j) Cooperation of other officials and officers. The
building official may request, and shall receive so far as is required in the
discharge of his duties, the assistance and cooperation of other officials of
the city.
70-2. Unsafe Electrical Systems or Equipment.
All electrical systems or equipment regulated by this
chapter which are unsafe, or which constitute a fire hazard, or are otherwise
dangerous to human life are, for the purpose of this section, unsafe. Any use
of electrical systems or equipment regulated by this chapter constituting a
hazard to safety, health, or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is,
for the purpose of this section, an unsafe use.
All such unsafe electrical systems or equipment are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedures set forth in the
Uniform Code for the Abatement of Dangerous Buildings or such alternate
procedure as may be adopted by this jurisdiction. As an alternative, the
building official or other employee or official of this jurisdiction as
designated by the governing body may institute any other appropriate action to
prevent, restrain, correct, or abate the violation.
70-3. Building and Construction Review Board.
(a) General. In order to hear and decide appeals of
orders, decisions, or determinations made by the building official relative to
the application and interpretations of this chapter, there shall be and is
hereby created a Building and Construction Review Board consisting of members
who are qualified by experience and training to pass upon matters pertaining to
building construction and who are not employees of the jurisdiction. The
building official shall be an ex officio member and shall act as secretary to
said board but shall have no vote upon any matter before the board. The
Building and Construction Review Board shall be appointed by the governing body
and shall hold office at its pleasure. The board shall adopt rules of procedure
for conducting its business and shall render all decisions and findings in
writing to the appellant with a duplicate copy to the building
official.
(b) Limitation of Authority. The Building and Construction
Review Board shall have no authority relative to interpretation of the
administrative provisions of this chapter nor shall the board be empowered to
waive requirements of this chapter.
70-4. Violations. It shall be unlawful for any person,
firm, or corporation to erect, construct, enlarge, alter, repair, move, improve,
remove, convert, or demolish, equip, use, or maintain any electrical system or
equipment or cause or permit the same to be done in violation of this
chapter.
(B) A new Article 80 entitled Electrical Permits and
Inspections is added to read as follows:
80-1. Permits.
(a) Permits required. Except as specified in subsection
(b) of this section, no electrical system regulated by this chapter shall be
installed, altered, repaired, replaced, or remodeled unless a separate
electrical permit for each building or structure has first been obtained from
the building official.
(b) Exempt work. An electrical permit shall not be
required for the following:
1. Portable motors or other portable appliances energized
by means of a cord or cable having an attachment plug end to be connected to an
approved receptacle when that cord or cable is permitted by this
chapter.
2. Repair or replacement of fixed motors, transformers, or
fixed approved appliances of the same type and rating in the same
location.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any
switch, contractor, or control device.
5. Reinstallation of attachment plug receptacles, but not
the outlets therefor.
6. Repair or replacement of any over current device of the
required capacity in the same location.
7. Repair or replacement of electrodes or transformers of
the same size and capacity for signs or gas tube systems.
8. Taping joints.
9. Removal of electrical wiring.
10. Temporary wiring for experimental purposes in suitable
experimental laboratories.
11. The wiring for temporary theater, motion picture, or
television stage sets.
12. A permit shall not be required for the installation,
alteration, or repair of electrical wiring, apparatus, or equipment or the
generation, transmission, distribution, or metering of electrical energy or in
the operation of signals or the transmission of intelligence by a public or
private utility in the exercise of its function as a serving utility.
Exemption from the permit requirements of this chapter shall
not be deemed to grant authorization for any work to be done in violation of the
provisions of this chapter or any other laws or ordinances of this
jurisdiction.
80-2. Application for Permit.
(a) Application. To obtain a permit, the applicant shall
first file an application therefor in writing on a form furnished by the
building official for that purpose. Every such application shall:
1. Identify and describe the work to be covered by the
permit for which application is made.
2. Describe the land on which the proposed work is to be
done by legal description, street address, or similar description that will
readily identify and definitely locate the proposed building or work.
3. Indicate the use or occupancy for which the proposed
work is intended.
4. Be accompanied by plans, diagrams, computations,
specifications, and other data as required in subsection (b) of this
section.
5. State the valuation of the electrical installation,
including fixtures and installation costs thereof.
6. Be signed by permittee, or his authorized
agent.
7. Give such other data and information as may be required
by the building official.
(b) Plans and specifications. Plans, engineering
calculations, diagrams, and other data shall be submitted in two sets with each
application for a permit. The building official may require plans,
computations, and specifications to be prepared and designed by an engineer or
architect licensed by the state to practice as such.
Exception: The building official may waive the submission
of plans, calculations, etc., if he finds that the nature of the work applied
for is such that reviewing of plans is not necessary to obtain compliance with
this chapter.
(c) Information on plans and specifications. Plans and
specifications shall be drawn to scale upon substantial paper or cloth and shall
be of sufficient clarity to indicate the location, nature, and extent of the
work proposed and show in detail that it will conform to the provisions of this
chapter and all relevant laws, ordinances, rules, and regulations.
Plans for buildings more than two stories in height of other
than Group R, Division 3 and M Occupancies shall indicate how required
structural and fire-resistive integrity will be maintained where a penetration
will be made for electrical and communication conduits, pipes, and similar
systems.
80-3. Permits Issuance.
(a) Issuance. The application, plans, and specifications,
and other data, filed by an applicant for permit shall be reviewed by the
building official. Such plans may be reviewed by other departments of this
jurisdiction to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an
application for a permit and the plans, specifications, and other data filed
therewith conform to the requirements of this chapter and other pertinent laws
and ordinances, and that the fees specified in section 804 have been paid, he
shall issue a permit therefor to the applicant.
When the building official issues the permit where plans are
required, he shall endorse in writing or stamp the plans and specifications
"APPROVED." Such approved plans and specifications shall not be changed,
modified, or altered without authorizations from the building official, and all
work shall be done in accordance with the approved plans.
The building official may issue a permit for the
construction of part of an electrical system before the entire plans and
specifications for the whole system have been submitted or approved, provided
that adequate information and detailed statements have been filed complying with
all pertinent requirements of this chapter. The holder of such permit shall
proceed at his own risk without assurance that the permit for the entire
building, structure, or building service will be granted.
(b) Retention of plans. One set of approved plans and
specifications shall be returned to the applicant and shall be kept on the site
of the building or work at all times during which the work authorized thereby is
in progress. One set of approved plans, specifications, and computations shall
be retained by the building official until final approval of the work.
(c) Validity of permit. The issuance of a permit or
approval of plans and specifications shall not be construed to be a permit for,
or an approval of, any violation of any of the provisions of this chapter, or of
any other ordinance of the jurisdiction. No permit presuming to give authority
to violate or cancel the provisions of this chapter shall be valid.
The issuance of a permit based upon plans, specifications,
and other data shall not prevent the building official from thereafter requiring
the correction of errors in said plans, specifications, and other data, or from
preventing building operations being carried on thereunder when in violation of
this chapter or of any other ordinances of this jurisdiction.
(d) Expiration. Every permit issued by the building
official under the provisions of this chapter 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. Before such work can be
recommenced, a new permit shall be first obtained so to do, and the fee therefor
shall be one-half the amount required for a new permit for such work, provided
that no changes have been made or will be made in the original plans and
specifications for such work; and provided further that such suspension or
abandonment has not exceeded one year. In order to renew action on a permit
after expiration, the permittee shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an
extension of the time within which he may commence work under that permit when
he is unable to commence work within the time required by this section for good
and satisfactory reasons. The building official may extend the time for action
by the permittee for a period not exceeding 180 days upon written request by the
permittee showing that circumstances beyond the control of the permittee have
prevented action from being taken. No permit shall be extended more than
once.
(e) Suspension or revocation. The building official may,
in writing, suspend or revoke a permit issued under the provisions of this
chapter whenever the permit is issued in error or on the basis of incorrect
information supplied, or in violation of any ordinance or regulation of
jurisdiction.
80-4. Fees.
(a) Permit fees. The fee for each permit shall be set
forth in the table below.
The determination of value or valuation shall be made by the
building official. The value to be used in computing the mechanical permit and
plan review fees shall be the total value of all mechanical work for which the
permit is issued. The fees under this section are separate from and in addition
to other fees set forth in Title 15.
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ELECTRICAL PERMIT FEES
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Total Valuation
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Fees
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$1.00 to $500.00
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$16.50
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$501.00 to $2,000.00
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$16.50 for the first $500.00 plus $2.20 for each additional
$100.00 or fraction thereof, to and including $2,000.00
|
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$2,001.00 to $25,000.00
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$49.50 for the first $2,000.00 plus $9.90 for each additional
$1,000.00 or fraction thereof, to and including $25,000.00
|
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$25,001.00 to $50,000.00
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$277.20 for the first $25,000.00 plus $7.15 for each
additional $1,000.00 or fraction thereof, to and including $50,000.00
|
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$50,001.00 to $100,000.00
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$455.95 for the first $50,000.00 plus $4.95 for each
additional $1,000.00 or fraction thereof, to and including $100,000.00
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$100,001.00 to $500,000
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$703.45 for the first $100,000.00 plus $3.85 for each
additional $1,000.00 or fraction thereof
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$500,000. and up
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$2,243.45 for the first $500,00 plus $3.50 for each additional
$1,000 or fraction thereof
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Other Inspection Fees
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1. Reinspection fee
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$30.00
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2. Inspection outside of normal
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business hours (minimum charge
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two hours)
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$30.00/hr.
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3. Inspection for which no fee is
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|
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specifically indicated (minimum
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charge one-half hour)
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$30.00/hr.
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4. Additional plan review required by
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changes, addition, or revisions
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to approved plans (minimum charge
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one-half hour)
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$30.00/hr.
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Exemption
The government of the United States of America, the state
and its political subdivisions, the city, and all agencies and departments
thereof shall be exempt from the payment of fees for work performed on buildings
or structures owned wholly by such agencies or departments and devoted to
governmental use.
(b) Inspection fees for mobile homes and travel trailer
parks per space: $30.00.
(c) Reinspection fees on all the above: $30.00.
(d) Investigation fees: Work Without a Permit.
1. Investigation. Whenever any work for which a permit is
required by this chapter has been commenced without first obtaining said permit,
a special investigation shall be made before a permit may be issued for such
work.
2. Fee. An investigation fee, in addition to the permit
fee, shall be collected whether or not a permit is then or subsequently issued.
The investigation fee shall be equal to the amount of the permit fee that would
be required by this chapter if a permit were to be issued. The payment of such
investigation fee shall not exempt any person from compliance with all other
provisions of either this chapter nor from any penalty prescribed by
law.
(e) Fee refunds.
1. The building official may authorize the refunding of any
fee paid hereunder which was erroneously paid or collected.
2. The building official may authorize the refunding of not
more than 80 percent of the permit fee paid when no work has been done under a
permit issued in accordance with this chapter.
The building official shall not authorize the refunding of
any fee paid except upon written application filed by the original permittee not
later than 180 days after the date of fee payment.
80-5. Inspections.
(a) General. All electrical systems and equipment for
which a permit is required by this chapter shall be subject to inspection by the
building official. No portion of any electrical system intended to be concealed
shall be concealed until inspected and approved. Neither the building official
nor this jurisdiction shall be liable for expense entailed in the removal or
replacement of any material required to allow inspection. When the installation
of an electrical system and equipment is complete, an additional and final
inspection shall be made. Electrical systems and equipment regulated by this
chapter shall not be connected to the energy source until authorized by the
building official.
(b) Inspection requests. It shall be the duty of the
person doing the work authorized by a permit to notify the building official
that such work is ready for inspection. The building official may require that
every request for inspection be filed at least one working day before such
inspection is desired. Such request may be in writing or by telephone at the
option of the building official.
It shall be the duty of the person requesting inspections
required by this chapter to provide access to and means for proper inspection of
such work.
(c) Inspection record card. Work requiring a permit shall
not be commenced until the permit holder or his agent shall have posted an
inspection record card in a conspicuous place on the premises and in such
position as to allow the building official conveniently to make the required
entries thereon in such position by the permit holder until final approval has
been granted by the building official.
(d) Approval required. No work shall be done on any part
of the installation beyond the point indicated in each successive inspection
without first obtaining the approval of the building official. Such approval
shall be given only after an inspection shall have been made of each successive
step in the construction.
There shall be a final inspection and approval on all
buildings and structures when completed and ready for occupancy or
use.
(e) Operation of electrical equipment. The requirements of
this section shall not be construed to prohibit the operation of any electrical
system or equipment installed to replace existing equipment. The request for
inspection of such equipment must have been filed with the building official not
more than 48 hours after such replacement work is completed and before any
portion of such electrical system is concealed by any permanent portion of the
building.
(f) Other inspections. In addition to the called
inspections required by this chapter, the building official may make or require
other inspections of any work to ascertain compliance with the provisions of
this chapter and other laws which are enforced by the building
official.
(g) 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.
This provision is not to be interpreted as requiring
reinspection fees the first time a job is rejected for failure to comply with
the requirements of this chapter, but as controlling the practice of calling for
inspections before the job is ready for such inspection or
reinspection.
Reinspection fees may be assessed when the permit card is
not properly posted on the work site, when the approved plans are not readily
available to the inspector, for failure to provide access on the date for which
inspection is requested, or for deviating from plans requiring the approval of
the building official.
To obtain a reinspection, the applicant shall file an
application therefor in writing upon a form furnished for that purpose, and pay
the reinspection fee.
In instances where reinspection fees have been assessed, no
additional inspection of the work will be performed until the required fees have
been paid.
80-6. Connection Approval.
An electrical system or equipment regulated by this code for
which a permit is required shall not be connected to a source of energy or power
until approved by the building official. The following minimum requirements
must be met prior to approval:
1. If a gas forced air furnace is to be installed, the
furnace must be electrically connected in a permanent fashion to include control
wiring; the venting must be inspected and passed for temporary use; and the gas
line must be inspected and approved.
2. The plumbing must be roughed in, inspected, and passed,
with the water piping connected from the service line to the meter
pit.
3. The framing must be inspected and passed.
4. The entrance doors of the structure must be
lockable.
5. The electrical system must be roughed in, grounded,
inspected, and passed for temporary service. The panel must be dead fronted for
safe operation.
(C) The second paragraph in subsection (a) of section 210-70
is amended to read as follows:
At least one lighting outlet shall be installed in an attic,
underfloor space, utility room, and basement. A switch or pull chain within two
feet of the entrance to such space shall be provided.
(D) A new sentence is added to the end of the first paragraph
of section 220-4 to read as follows:
Two branch circuits are required to be brought into any
unfinished basement in a single family dwelling to facilitate subsequent
finish.
(E) Subsection (a) of section 230-70 is amended to read as
follows:
(a) Location. The service disconnecting means shall be
installed either inside or outside of a building or other structure at a readily
accessible location nearest the point of entrance of the service conductors.
Service equipment or branch circuit panels in dwelling units shall not be
located within a bathroom, clothes closet, or cabinet.
(F) A new subsection (g) is added to section 3004 to read as
follows:
(g) Conductors shall not be installed until the interior of
the building has been physically protected from the weather and all mechanical
work on the building which is likely to injure the conductors, has been
completed.
(G) The first sentence of section 310-5 is amended to read as
follows:
The minimum size of conductors shall be as given in Table
310-5, except that no aluminum wire may be used which is smaller than No. 6 AWG
in size.
(H) The paragraph of section 336-4 is amended to read as
follows:
336-4. Uses Permitted. Type NMS and Type NMC cables shall
be permitted to be used in one- and two-family dwellings, and multifamily
dwelling, except as prohibited in Sec. 336-5 where installed in cable trays,
cables shall be identified for this use.
(I) A new sentence is added to the end of section 384-13 to
read as follows:
The panelboard serving single family dwellings shall
contain, in addition to the required circuits, space for two additional circuits
as spares.
15-12-060 Violation; penalties.
The penalty for violation of the provisions of this chapter
shall be as prescribed in chapter 1-12, B.M.C.
Section 15. The Uniform Fire Code, 1994 edition, published
by the International Fire Code Institute, as adopted and amended in chapter
15-16, B.M.C., is hereby adopted as a primary code by reference and incorporated
in the Broomfield Municipal Code. A copy of this primary code is on file in the
office of the city clerk. Consistent herewith, chapter 15-16, B.M.C., is
repealed and reenacted to read as follows:
Chapter 15-16
Uniform Fire Code
15-16-010 Code adopted.
Pursuant to the authority conferred by section 6.11 of the
Charter, there is adopted, by reference, the Uniform Fire Code, 1994 edition,
including the following appendices; II-B, Protection of Flammable or Combustible
Liquid Tanks in Locations Subject to Flooding; II-F, Protected Aboveground Tanks
for Motor Vehicle Fuel-Dispensing Stations Outside of Buildings; II-G, Secondary
Containment for Underground Tank Systems Containing Flammable or Combustible
Liquids; III-A, Fire-Flow Requirements for Buildings; III-B, Fire Hydrant
Locations and distribution; VI-A, Hazardous Materials Classifications; VI-E,
Recommended Separation Distances for Explosive Materials; to have the same force
and effect as though set forth in this chapter in every particular, as amended
in this chapter.
15-16-020 Code described.
The Uniform Fire Code, 1994 edition, is published by the
International Fire Code Institute, 5360 South Workman Mill Road, Whittier,
California 90601.
15-16-030 Copy on file.
At least one copy of the Uniform Fire Code, 1994 edition, as
adopted, is on file in the office of the city clerk and may be inspected during
regular business hours.
15-16-040 Purpose.
The purpose of the code is not to recreate or otherwise
establish or designate any particular class or group of persons who will or
should be especially protected or benefited by the terms of the code.
(A) It is the intent of the code to prescribe regulations
consistent with nationally recognized good practice for the safeguarding to a
reasonable degree of life and property from the hazards of fire and explosion
arising from the storage, handling, and use of hazardous substances, materials,
and devices, and from conditions hazardous to life or property in the use or
occupancy of buildings or premises.
(B) Where no applicable standards or requirements are set out
in the code, or contained within other laws, codes, regulations, ordinances, or
bylaws adopted by the authority having jurisdiction, compliance with applicable
standards of the National Fire Protection Association or other nationally
recognized fire safety standards as are approved by the chief shall be deemed as
prima facie evidence of compliance with the intent of the code. Nothing herein
shall derogate from the power of the chief to determine compliance with codes or
standards for those activities or installations within the chief's jurisdiction
or responsibility.
(C) Whenever in the code reference is made to the appendix,
the provisions in the appendix shall not apply unless specifically
adopted.
15-16-050 Amendments to code.
(A) Section 101.5 is repealed in its entirety and re-enacted
to read as follows:
Section 101.5 Liability. The chief and other individuals
charged by the chief with the control or extinguishment of any fire, the
enforcement of this code or any other official duties, acting in good faith and
without malice in the discharge of his duties, shall not thereby be rendered
personally liable for any damage that may accrue to persons or property as a
result of any act or by reason of any act or omission in the discharge of his
duties. This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating, or controlling any building or
structure for any damages to persons or property caused by defects, nor shall
the fire department or the city be held as assuming any such liability by reason
of the inspections authorized by this code or any certificates of inspection
issued under this code.
(B) Section 103.1.4 is repealed in its entirety and
re-enacted to read as follows:
Section 103.1.4.1 Appeals Procedure-General. Any person,
firm or corporation aggrieved by any application, interpretation or order made
by Fire Authority personnel pursuant to any provision of this code or the
standards adopted herein, may appeal such decision, interpretation or order to
the chief. The chief shall establish reasonable rules for such appeal and shall
make a record of all proceedings. Where there are practical difficulties in the
implementation of the strict provisions of this code, the chief may modify the
provisions of this code, provided that the spirit of the code shall be complied
with, public safety secured and substantial justice done. The particulars of
any modification approved by the chief shall be in writing and a signed copy
shall be furnished to the applicant. The decision of the chief shall be
considered a final administrative decision.
Section 103.1.4.2 Appeals Procedure-Administrative
Decisions. To determine the suitability of alternate materials and types of
construction and to provide reasonable interpretations of the provisions of this
code, there shall be and hereby created a board of appeals consisting of five
members who are qualified by experience and training to pass judgment upon
pertinent matters. The chief and the building official shall be an ex officio
members and the building official shall act as secretary to the board. The
board of appeals shall be appointed by the executive body of the city and shall
hold office at their pleasure. The board shall adopt reasonable rules and
regulations for conducting its investigation and shall render decisions and
findings in writing to the fire chief, with a duplicate copy to the
appellant.
(C) Section 103.3.2.2 is amended by changing the second
sentence to read as follows:
The chief is authorized to require that every request for
inspection be filed not less than two working days before such inspection is
desired.
(D) Section 105.8 is amended by deleting the following
subsections:
c.1. Candles and open flames in assembly rooms.
p.1. Parade floats.
w.1. Welding and cutting operations.
(E) Section 105.8 is further amended by amending the
following subsections to read as follows:
c.2. Carnivals. To conduct a carnival. see Article
25.
f.3.2. Flammable or combustible liquids. To store, handle
or use Class I liquids in excess of 10 gallons in a building or in excess of 60
gallons outside of a building, except that a permit is not required for the
following: (Remainder of section as printed).
p.2. Places of Assembly. To operate a place of assembly.
See Article 25. A permit is required when the occupant load of a place of
assembly exceeds 300.
(F) Section 105.8 is amended by the addition of new
subsections x.1, x.2, and x.3, to read as follows:
x.1. Fire extinguishing systems and equipment including
standpipes. To install or modify fire extinguishing systems and equipment.
Prior to permit issuance, plans are required to be submitted for
review.
x.2. Fire alarm systems. To install or modify fire alarm
systems. Prior to permit issuance, plans are required to be submitted for
review.
x.3. Smoke control systems. To install or modify smoke
control systems. Prior to permit issuance, plans are required to be submitted
for review.
(G) A new Section 106 is added to read as follows:
Section 106--Plan Review.
106.1. Plans and Specifications. When plans are required
to be submitted in accordance with Section 105.8, two sets of all plans,
engineering calculations, diagrams and other data shall be submitted. All plan
designs and calculations concerning an automated sprinkler system shall be
prepared by an individual having a minimum rating of a NICET III. Engineers and
architects submitting plans shall be licensed by the State of Colorado to
practice in their respective professions.
106.2. Information Required. All plans and specifications
shall be drawn to scale when possible and shall be of sufficient clarity to
indicate the location, nature and extent of the work proposed. All plans and
specifications shall show in detail that the proposed work conforms to the
provisions of the Code and all relevant laws, ordinances, rules and
regulations.
106.3. Expiration of Plan Review. Applications for which
no permit is issued within 180 days following the date of application shall
expire by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the Fire Authority. The
Fire Authority may extend the time for action by the applicant for a period not
exceeding 180 days on request by the applicant showing that circumstances beyond
the control of the applicant have prevented action from being taken. No
application shall be extended more than once. In order to renew action on an
application after expiration, the applicant shall resubmit plans and pay a new
plan review fee.
(H) A new Section 107 is added, to read as follows:
Section 107. Fees. The fee for each permit shall be as set
forth in the following table, and shall be paid to the fire
department:
Fees
(a) For permits "to install" required by section 105.8, as
specified in section 107 and Table 1-A, as amended, Uniform Building
Code.
(b) Other inspections and fees, as specified in section 107
and Table 1-A, as amended, Uniform Building Code.
(c) Review of site plan in conjunction with a building
permit application (minimum one hour charge): $30.00 per hour.
(d) Investigation fee when work commences prior to
obtaining a permit: Double the amount as determined in accordance with
subsection (a) above.
Exemptions
The government of the United States of America, the state
and its political subdivisions, the city, and all agencies and departments
thereof shall be exempt from the payment of fees for work performed on buildings
or structures owned wholly by such agencies or departments and devoted to
governmental use.
(I) In section 202, the definition of administrator is
amended to read as follows:
Administrator shall mean the city manager of the city of
Broomfield, or his designee.
(J) In section 207, the definition of fire department is
amended to read as follows:
Fire department is a regularly organized fire department,
fire protection district, fire authority, or fire company regularly charged with
the responsibility of providing fire protection to the jurisdiction.
(K) In section 211, the definition of jurisdiction is amended
to read as follows:
Jurisdiction is the City of Broomfield.
(L) The fourth column "standpipe class," for sprinkled
buildings, as it relates to occupancy number 5, as shown on Table No. 1004-A is
amended to read as follows:
II.
(M) The third column "hose requirement", for nonsprinkled
buildings, as shown on Table 1004-A is amended to read as follows:
No
(N) Amend Section 1007.1.1, to read as follows:
1007.1.1. Applicability. Installation and maintenance of
all fire alarm systems, whether required or not, shall be in accordance with
Section 1007.
(O) Amend Section 1101.3, to read as follows:
1101.3 Permits and Plans. Permits are required to conduct
open burning, store tires outdoors, store combustible material, and operate a
commercial rubbish handling operation as set forth in Section 105, Permits o.1,
t.2, c.6, and c.8, respectively.
A plan showing location and dimensions of tire storage
areas, tire piles, buildings, aisles and access roads shall be submitted with
application for tire storage permits.
(P) Amend Section 2501.3, to read as follows:
2501.3 Permits and Plans. For permits to operate a place
of assembly, operate a carnival, use liquid or gas-fueled vehicles or equipment
for competition or display inside an assembly occupancy, see Section 105,
Permits c.2, I.2, and p.2.
(Q) Amend Section 5204.5.2, to read as follows:
5204.5.2 Maximum capacity within established limits.
Within the City of Broomfield, the storage of CNG shall be restricted so that
the aggregate capacity of any one installation shall not exceed 183,000 cubic
feet.
EXCEPTION: When approved by the chief.
(R) Amend Section 7701.7.2, to read as follows:
7701.7.2 Limits established by law. Storage of explosive
materials is prohibited within the City of Broomfield
EXCEPTION: When approved by the chief.
(S) Amend Section 7902.2.2.1, to read as follows:
7902.2.2.1 Locations where aboveground tanks are
prohibited. The storage of Class I and II liquids in aboveground tanks outside
of buildings is prohibited within the City of Broomfield.
EXCEPTION: When approved by the chief.
(T) Amend Section 8204.2, to read as follows:
8204.2 Maximum capacity within established limits. Within
the City of Broomfield, the storage of LP gas shall be restricted so that the
aggregate capacity of any one installation shall not exceed a 2,000 gallon water
capacity.
EXCEPTION: When approved by the chief.
(U) Section 4.2 of Appendix III-A is amended to read as
follows:
4.2 Area Separation. Portions of buildings which are
separated by one or more area separation walls constructed in accordance with
the Uniform Building Code, without openings and provided with a 30-inch parapet,
are allowed to be considered as separate fire areas.
15-16-060 Violation; penalties.
The penalty for violation of the provisions of this chapter
shall be as prescribed in chapter 1-12, B.M.C.
Section 16. The ASME/ANSI A17.1-1993 Safety Code for
Elevators and Escalators, published by the American Society of Mechanical
Engineers, as adopted and amended in chapter 15-18, B.M.C., is hereby adopted as
a primary code by reference and incorporated in the Broomfield Municipal Code.
A copy of this primary code is on file in the office of the city clerk.
Consistent herewith, chapter 15-18, B.M.C., is repealed and reenacted to read as
follows:
Chapter 15-18
Elevator and Escalator Code
15-18-010 Code adopted.
Pursuant to the authority conferred by section 6.11 of the
Charter, there is adopted, by reference, the ASME/ANSI A17.1-1993 Safety Code
for Elevators and Escalators with all of the appendices thereto, to have the
same force and effect as though set forth herein every particular, as amended in
this chapter.
15-18-020 Code described.
The ASME/ANSI A17.1-1993 Safety Code for Elevators and
Escalators, is published by the American Society of Mechanical Engineers, United
Engineering Center, 345 East 47th Street, New York, New York 10017.
15-18-030 Copy on file.
At least one copy of the A17.1-1993 Safety Code for Elevators
and Escalators, as adopted, is on file in the office of the city clerk and may
be inspected during regular business hours. In addition, copies are available
for sale and distribution to the public at a price not to exceed the cost
thereof to the city.
15-18-040 Purpose.
The purpose of this chapter is to safeguard life, limb,
property, and public welfare by establishing minimum requirements regulating the
design, construction, alteration, operation, and maintenance of elevators,
dumbwaiters, escalators, and moving walks, and by establishing procedures by
which these requirements may be enforced. The purpose of the code is not to
create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefited by the terms of
the code.
15-18-050 Amendments to code.
(A) A new section 1012 of Part X is added to read as
follows:
SECTION 1012
PERMITS AND CERTIFICATES OF INSPECTION
Rule 1012.1 Permits. It shall be unlawful to hereafter
install any new elevator, moving walk, escalator, or dumbwaiter, to make major
alterations to any existing elevator, dumbwaiter, escalator, or moving walk
without having first obtained a permit for such installation from the building
official. Permits shall not be required for maintenance or minor
alterations.
Rule 1012.2 Certificates of inspection.
1012.2a General. It shall be unlawful to operate any
elevator, dumbwaiter, escalator, or moving walk without a current Certificate of
Inspection issued by the building official. Such certificate shall be issued
annually upon payment of prescribed fees and the presentation of a valid
inspection report indicating that the conveyance is safe and that the inspection
was made within the previous six (6) months. Certificates shall not be issued
when the correspondence is posted as unsafe pursuant to Rule 1004.2.
Exception: Certificates of inspection shall not be required
for conveyances within a dwelling unit.
Rule 1012.2b Fees. The fee for the annual certificate of
inspection for existing installation shall be one hundred twenty-five dollars
($125.00). This fee shall not apply to new installation for which a separate
building permit fee is paid at the time a building permit is issued.
Rule 1012.2c Application for permits. Application for a
permit to install shall be made on forms provided by the building official, and
the permit shall be issued to an owner upon payment of the permit fees specified
in section 107.2 as amended, Uniform Building Code.
Rule 1012.2d Application for certificates 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 approved by the building official. Fees as
specified in this section shall be paid at the time of application.
(B) A new section 1013 of Part X is added to read as
follows:
SECTION 1013
OWNER RESPONSIBILITY AND UNSAFE CONDITIONS
Rule 1013.1 General. The owner shall be responsible for
the safe operation and maintenance of each elevator, dumbwaiter, escalator, or
moving walk installation and shall cause periodic inspection, tests, and
maintenance to be made on such conveyances as required in the ASME/ANSI
17.1.-1993 safety code for elevators and escalators.
Rule 1013.2 Unsafe conditions. When an inspection reveals
an unsafe condition, 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, he 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 which 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 he is satisfied that the
unsafe conditions have been corrected.
15-18-060 Violation; penalties.
The penalty for violation of the provisions of this chapter
shall be as prescribed in chapter 1-12, B.M.C.
Section 17. The Uniform Plumbing Code, 1994 edition,
published by the International Association of Plumbing and Mechanical Officials,
as adopted and amended in chapter 15-24, B.M.C., is hereby adopted as a primary
code by reference and incorporated in the Broomfield Municipal Code. A copy of
this primary code is on file in the office of the city clerk. Consistent
herewith, chapter 15-24, B.M.C., is repealed and reenacted to read as
follows:
Chapter 15-24
Uniform Plumbing Code
15-24-010 Code adopted.
Pursuant to the authority conferred by section 6.11 of the
Charter, there is adopted, by reference, the Uniform Plumbing Code, 1994
edition, together with all of the appendices thereto and the IAPMO Installation
Standards, to have the same force and effect as though set forth in this chapter
in every particular, as amended in this chapter.
15-24-020 Code described.
The Uniform Plumbing Code, 1994 edition, is published by the
International Association of Plumbing and Mechanical Officials, 20001 Walnut
Drive South, Walnut, California 91789-2825.
15-24-030 Copy on file.
At least one copy of the Uniform Plumbing Code, 1994 edition,
as adopted, is on file in the office of the city clerk and may be inspected
during regular business hours. In addition, copies are available for sale and
distribution to the public at a price not to exceed the cost thereof to the
city.
15-24-040 Purpose.
The purpose of this chapter is to provide minimum
requirements and standards regarding plumbing systems for the protection of the
public health, safety, and welfare. The purpose of the code is not to create or
otherwise establish or designate any particular class or group of persons who
will or should be especially protected or benefited by the terms of the
code.
15-24-050 Amendments to code.
(A) Section 103.4.1, Table I-1, is repealed in its entirety
and re-enacted to read as follows:
|
TABLE 1-1
PLUMBING PERMIT FEES
|
|
Total Valuation
|
Fees
|
|
$1 to $500
|
$16.50
|
|
$501 to $2,000
|
$16.50 for the first $500.00 plus $2.20 for each additional
$100.00 or fraction thereof, to and including $2,000.00
|
|
$2,001 to $25,000
|
$49.50 for the first $2,000.00 plus $9.90 for each additional
$1,000.00 or fraction thereof, to and including $25,000.00
|
|
$25,001 to $50,000
|
$277.20 for the first $25,000.00 plus $7.15 for each
additional $1,000.00 or fraction thereof, to and including $50,000.00
|
|
$50,001 to $100,000
|
$455.95 for the first $50,000.00 plus $4.95 for each
additional $1,000.00 or fraction thereof, to and including $100,000.00
|
|
$100,001 to $500,000
|
$703.45 for the first $100,000.00 plus $3.85 for each
additional $1,000.00 or fraction thereof
|
|
$500,000 and up
|
$2,243.45 for the first $500,000 plus $3.30 for each
additional $1,000 or fraction thereof
|
|
Other Inspection Fees
|
|
1. Reinspection fee
|
$30.00
|
|
2. Inspection outside of normal
|
|
|
business hours (minimum charge
|
|
|
two hours)
|
30.00/hr.
|
|
3. Inspection for which no fee
|
|
|
is specifically indicated
|
|
|
(minimum charge one-half hour)
|
30.00/hr.
|
|
4. Additional plan review required
|
|
|
by changes, additions, or revisions
|
|
|
to approved plans (minimum
|
|
|
charge one-half hour)
|
30.00/hr.
|
Exemptions
The government of the United States of America, the state and
its political subdivisions, the city, and all agencies and departments thereof
shall be exempt from the payment of fees for work performed on buildings or
structures owned wholly by such agencies or departments and devoted to
governmental use.
(B) Section 701.1.2 is amended by the addition of the
following sentence:
All underground plastic DWV piping within a building shall
have approved bedding materials.
(C) Section 1204.3.2 is amended by changing the sentence to
read as follows:
This inspection shall include an air, CO2, or nitrogen
pressure test, at which time the gas piping shall stand a pressure of not less
than twenty (20) pounds per square inch gauge pressure, or at the discretion of
the administrative authority, the piping and valves may be tested at a pressure
of at least six (6) inches (152.4 mm) of mercury, measured with a manometer or
slope gauge.
15-24-060 Violations; penalties.
The penalty for violation of the provisions of this chapter
shall be as prescribed in chapter 1-12, B.M.C.
Section 18. The penalties provided by the Municipal Code of
the City of Broomfield are hereby adopted as follows:
1-12-020 Penalties designated. (Chapter 1-12, General
Penalty)
Whenever in any provision of the B.M.C. or in any provisions
of a code adopted herein by reference, the doing of any act is required,
prohibited, or declared to be unlawful, any person who is convicted of a
violation of any such provision shall, for each offense, be punished by a fine
not exceeding $1,000.00, or by imprisonment not exceeding one year, or by both
such fine and imprisonment, except where a different penalty is specifically
prescribed by any ordinance of the city and provided that no person under the
age of eighteen years as of the date of the violation for which he or she is
convicted shall be subject to the imposition of a jail sentence, except in the
case of a conviction of a traffic offense or as otherwise provided by the
Colorado Children's Code. Each such person shall be guilty of a separate
offense for each and every day during any portion of which any violation is
committed, continued, or permitted by such person, and shall be punished
accordingly. It is the intent of this chapter that the general penalties set
forth in this section shall apply wherever no specific penalty has been
otherwise provided in any ordinance of the city. The suspension or revocation
of any license, certificate evidencing accord of inspection services, or other
privilege conferred by the city shall not be regarded as a penalty for the
purposes of this chapter.
2-52-080 Fines for overdue, damaged, or lost materials.
(Chapter 2-52, Public Library)
The library department shall collect and library users shall
pay fines for overdue, damaged, and lost materials in accordance with the
following schedule:
(A) A fine of $0.05 per day shall be charged for each overdue
book, recording, film, pamphlet, and compact disk.
(B) A fine of $0.25 per day shall be charged for each overdue
periodical.
(C) A fine of $2.00 per day shall be charged for each overdue
video cassette.
(D) Overdue fines are subject to the following
limits:
(1) For an overdue book, film, recording, video cassette, or
compact disk the overdue fine shall not exceed the current books in print or
catalog price of the item.
(2) For an overdue pamphlet or periodical, the overdue shall
not exceed $5.00.
(E) Damaged items. A person returning an item which has been
damaged while in such person's possession shall be fined in the amount equal to
the estimated cost of repair, provided that the fine shall not exceed the
current books in print or catalog price or default fine for the item, plus $5.00
processing fee.
(F) Lost items. A person who loses an item, or who does not
return an item within thirty days of written notice to do so shall be fined in
the amount of the current books in print or catalog price of the item, plus
$5.00 processing fee.
(G) Out-of-print items. If an item which is lost or
irreparably damaged is not listed in current books in print or current catalog,
a default fine shall be assessed in the amount of $10.00 for a mass trade
paperback or periodical, $40.00 for a video cassette, and $20.00 for all other
items, plus $5.00 for processing fee per item.
(H) Identification cards. A fine of $2.00 shall be charged
for each lost or damaged identification card.
5-20-140 Trespassing; notice; violation. Chapter 5-20,
Peddlers, Solicitors, and Itinerant Merchants)
Every resident of the city shall have the right to post a
notice or notices on his or her property to the effect that peddlers,
canvassers, solicitors, and itinerant merchants shall not go in or upon said
premises, or solicit or attempt to solicit orders or sales from the occupant
thereof. Any peddler, solicitor, canvasser, transient merchant, itinerant
merchant, or itinerant vendor, as defined in section 5-20-020, who violates the
provisions of such notice, shall be deemed guilty of a misdemeanor, and on
conviction thereof, shall be subject to a fine of not less than $10.00 nor more
than $100.00.
6-20-030 Penalties for violations. (Chapter 6-20, Unlawful
Attacks by Animals)
Violations of the provisions of this chapter shall be
punishable as follows:
(A) For a first violation involving an attack upon, or the
biting of, a human being, a mandatory fine, not subject to suspension, of not
less than $150.00, plus any additional penalty allowed hereunder, including the
humane destruction of the animal, which the court deems proper;
(B) For a second violation involving the biting of, or an
attack upon, a human being by the same animal as was involved in the first
violation, or any other animal owned by the same person for a three-year period
following the first violation, a fine of not less than $300.00 and a mandatory
jail sentence, of not less than five days. Additionally, the animal shall be
destroyed in a humane manner.
8-08-080 Certification to the county treasurer. (Chapter
8-08, Weeds and Rubbish)
If the owner of record fails to pay the amount specified in
the statement of costs, the city clerk may certify the amount due and owing to
the county treasurer for collection of the assessment. The county treasurer
shall collect the assessment, together with a ten-percent penalty for the cost
of collection, in the same manner as other taxes are collected.
10-04-130 Continuing violation; penalty for commercial vehicle
violations.
Each and every event for which there is a violation of this
chapter, as amended, or of the Model Traffic Code for Colorado Municipalities,
as amended, shall constitute a separate and distinct offense, punishable in
accordance with chapter 1-12, B.M.C., except as otherwise set forth
below;
(A) Model Traffic Code § 235: minimum mandatory
$75.00;
(B) Model Traffic Code § 502: minimum mandatory
$75.00;
(C) Model Traffic Code § 504(1): minimum mandatory
$75.00;
(D) Model Traffic Code § 504(2): minimum mandatory
$75.00;
(E) Model Traffic Code § 504(3): minimum mandatory
$75.00;
(F) Model Traffic Code § 504(4): minimum mandatory
$30.00;
(G) Model Traffic Code § 504(4.5): minimum mandatory
$30.00;
(H) Model Traffic Code § 504(5): minimum mandatory
$75.00
(I) Model Traffic Code § 507: minimum mandatory $50.00
for each 1,000 pounds in violation or fraction thereof;
(J) Model Traffic Code § 508: minimum mandatory $50 for
each 1,000 pounds in violation or fraction thereof;
(K) Model Traffic Code § 509(3): minimum mandatory
$75.00.
Nothing in this section shall be construed to prevent the
court from imposing a fine greater than the minimum mandatory fine.
13-16-080 Failure to obtain. (Chapter 13-16, Temporary Water
Permits)
In addition to any other penalties provided by this code,
failure to obtain the temporary permit required by section 13-16-020 will result
in charges being assessed to the violator for the permit and the approximate
amount of water used. The user shall also be subject to a fee of $50.00 to
defray city costs for detection and collection of associated charges.
13-18-070 Failure to obtain. (Chapter 13-18, Temporary Sewer
Permits)
In addition to any other penalties provided by this code,
failure to obtain the temporary permit required by section 13-18-020 will result
in charges being assessed to the violator for the permit and approximate amount
of sewer service used. The user shall also be subject to a fee of $50.00 to
defray city costs for detection and collection of associated charges.
13-28-100 Penalties and remedies. (Chapter 13-28,
Wastewater)
(A) Civil liability for expenses. Any person violating the
provisions of this chapter, or any applicable state or federal regulations or
any terms and conditions of his or her wastewater discharge permit, shall be
liable for any expense, loss, or damage caused the POTW by reason of such
violation, including the increased costs, if any, for managing effluent or
sludge when such increases are the result of the user's discharge of toxic
pollutants.
(B) Criminal penalties. No person shall dispose of harmful
wastes or wastewater, use the city's sanitary sewers or POTW, or cause the same
to be done contrary to or in violation of any provisions of this chapter. Any
person violating any of the provisions of this chapter or any permit issued
hereunder 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 such violation shall be punished as provided
in chapter 1-12, B.M.C. Such penalties shall be in addition to any
administrative remedies or other liabilities provided for in this
chapter.
(C) Civil fine pass through. In the event that a user
discharges such pollutants which cause the POTW to violate any condition of its
NPDES permit and the city is fined by EPA or the state for such violation, such
user shall be fully liable for the total amount of the fine assessed against the
city by the EPA or the state.
(D) Additional liabilities. In addition to the penalties
provided herein, the city may recover reasonable attorney's fees, court costs,
and other expenses of litigation from any person found to have violated any
provisions of this chapter, or of any permit.
Section 19. Additions or amendments to the Code, when passed
in the form as to indicate the intention of the City to make the same a part of
the Code, shall be deemed to be incorporated in the Code, so that reference to
the Code includes all such additions and amendments.
Section 20. Ordinances adopted after Ordinance No. 1183 that
amend or refer to ordinances that have been codified in the Code, shall be
construed as if they amend or refer to those provisions of the Code.
Section 21. This ordinance, the Code, and the primary codes
adopted by reference hereby shall be effective seven days after publication
following final passage.
INTRODUCED AND APPROVED after first reading on September 24,
1996, and ordered published in full.
INTRODUCED A SECOND TIME and approved on October 22, 1996,
and ordered published.
CITY OF BROOMFIELD, COLORADO
signature __________________________
Mayor
ATTEST:
signature__________________________
City Clerk
(SEAL)
APPROVED AS TO FORM:
signature__________________________
City Attorney
First Publication: October 3, 1996
Second Publication: October 31, 1996
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