10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE:
The following amendments are hereby made to the International Building Code, 2018 edition:
Section 101.1 Title: Section 101.1 is amended to read as follows:
   "101.1 Title. 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 is amended to read as follows:
   "101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted."
Section 105.2 Work exempt from permit: Section 105.2 is amended to read as follows:
   "Building:
   2. Fences not over 6 feet high. Note: Fences required per Section 1510.8.4 and 3109 are not exempt from a permit.
   14. Decks that are not over 30 inches above grade at any point and not part of a means of egress or an accessible route."
Section 109.2 Schedule of permit fees: Section 109.2 is amended to read as follows:
   "109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the following Town of Vail Permit and Inspection Fee Schedule:"
 
Total Valuation:
Fees:
$1.00 to $500.00
$50.00
$501.00 to $2,000.00
$50.00 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2000.
$2,001.00 to $25,000.00
$87.50 for the first $2000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000.
$25,001.00 to $50,000.00
$409.50 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000.
$50,001.00 to $100,000.00
$662.00 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000.
$100,001.00 to $500,000.00
$1012.00 for the first $100,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $500,000.
$500,001.00 to $1,000,000.00
$3612.00 for the first $500,000 plus $5.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.
$1,000,001 and above
$6112.00 for the first $1,000,000 plus $4.00 for each additional $1,000 or fraction thereof.
 
 
Other related fees:
Building plan review fees   
65% of Permit Fee
Plumbing and Mechanical plan review fees   
25% of Permit Fee
Electrical plan review fees   
25% of Permit Fee
Plan revision fees   
$75.00/hr., min. 2 hours
Inspections outside of regular business hours   
$105.00/hr., min. 2 hours
Re-inspection fees   
$105.00/inspection
Will-Call fee (added to every permit for will-call inspection services)   
$5.00
Plumbing and Mechanical permit fees shall be calculated utilizing the fee table above.
Any work commencing prior to issuance of a permit is subject to double-permit fees.
All electrical permit fees will be based on the current State of Colorado Electrical Fee Schedule, plus 15%. This includes TWO inspections. For ANY additional inspections, including re-inspections for corrections assessed by the inspector(s), an additional fee of $105.00 per inspection will be assessed. This fee shall be paid prior to any further inspections.
 
Section 110.3.9 Other inspections: Section 110.3.9 is amended by the addition of the following text:
   "The Building Official shall also be authorized to make or require inspections of construction work as required by Titles 11 through 14 of the Town of Vail Municipal Code."
Section 202 Definitions: Section 202 is amended by the addition of the following definitions:
   “ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building.”
   “FIRE CHIEF. The chief officer or chief officer's authorized representative of the fire department serving the Town.”
   “FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area.”
   “IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in Chapter 7A.”
   “IGNITION-RESISTANT CONSTRUCTION. A schedule of additional requirements for construction in wildland-urban interface areas based on fire hazard levels.”
   “LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm).”
   “NONCOMBUSTIBLE. As applied to building construction material, means a material that, in the form in which it is used, is either one of the following:
      1.   Material of which no part will ignite and burn when subjected to fire. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this Section.
      2.   Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. Flame spread index as used herein refers to a flame spread index obtained according to tests conducted as specified in ASTM E84 or UL 723.
   "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1 above. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition.”
   “UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above.”
   “WILDLAND-URBAN INTERFACE AREA. That geographical area, as depicted and defined in the Community Wildfire Protection Plan, where structures and other human development meets or intermingles with wildland or vegetative fuels.”
CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION
Section 7A01 Scope:
   “7A01.1 General. The provisions of this Chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises into or within the wildland-urban interface areas of the Town of Vail.
   Exceptions:
      1.   Additions or alterations less than 500 gross square feet in size.
      2.   Repair or replacement of less than twenty-five percent (25%) of a deck surface or structure.
      3.   Accessory structures not exceeding 120 square feet in floor area
   where located not less than 30 feet from buildings containing habitable spaces.
      4.   Agricultural buildings located not less than 30 feet from buildings containing habitable spaces.
   Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Chapter for new buildings or structures.”
   “7A01.2 Objective. The objective of this Chapter is to establish minimum regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection. Regulations in this Chapter are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present.
   The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this Chapter.
   This Chapter shall supplement the jurisdiction's building and fire codes to provide for special regulations to mitigate the fire- and life-safety hazards of the wildland-urban interface areas.”
   “7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with the requirements of this Chapter; provided that the addition or alteration conforms to that required for a new building or structure.”
Section 7A02 Applicability:
   “7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this Chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply.”
   “7A02.2 Existing conditions. The legal occupancy or use of any building, structure or condition existing on the date of adoption of this Chapter shall be permitted to continue without change, except as is specifically covered in the International Fire Code.”
Section 7A03 Compliance Alternatives:
   “7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out the provisions of this Chapter, both the building official or fire chief are authorized to grant modifications for individual cases upon application, in writing, by the owner or owner's authorized agent. The building official or fire chief shall first find that a special individual reason makes enforcement of the provisions of this Chapter impractical, that the modification is in conformance to the intent and purpose of this Chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. The details of any action granting modifications shall be recorded and entered into the appropriate permitting files.”
   “7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use  of a building or premises subject to the inspection of the building official or fire chief, the building official or fire chief are authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and shall analyze the fire safety of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes.”
   “7A03.3 Alternative materials or methods. The provisions of this Chapter are not intended to prevent the installation of any material or to prohibit any design or method not specifically prescribed by this Chapter, provided that any such alternative has been approved. An alternative material, design or method shall be approved where the building official in concurrence with the fire chief finds that the proposed design is satisfactory and complies with the intent of the provisions of this Chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.”
Section 7A04 Special Building Construction Regulations:
   “7A04.1 General. Buildings and structures shall be constructed in accordance with this Section, unless previously exempted in Section 7A01.1.
   “7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-hour fire-resistance-rated construction, the fire-resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263.
   Exceptions:
      1.   The fire-resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721.
      2.   The fire-resistance rating of building elements, components or assemblies based on the calculation procedures in accordance with Section 722.”
Section 7A05 Ignition-Resistant Construction And Material
   “7A05.1 General. Buildings and structures hereafter constructed, modified or relocated into or within wildland-urban interface areas shall meet the construction requirements in accordance with ignition-resistant construction in accordance with Section 7A06. Materials required to be ignition-resistant materials shall comply with the requirements of Section 7A05.2.”
   “7A05.2 Ignition-resistant building material. Ignition-resistant building material shall comply with any one or more of the following:
   1.   Material shall be tested on all sides with the extended ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following:
      1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30- minute test.
      1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10 ½ feet (3200 mm) beyond the centerline of the burner at any time during the extended 30- minute test.
      1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this Section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use:
      1.3.1.   Method A "Test Method for Accelerated Weathering of Fire- Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant-treated wood, wood- plastic composite and plastic lumber materials.
      1.3.2.   ASTM D 7032 for wood-plastic composite materials.
      1.3.3.   ASTM D 6662 for plastic lumber materials.
      1.4. Identification - materials shall bear identification showing fire test results.
   Exception: Materials composed of a combustible core and a noncombustible exterior covering, made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap.
   2.   Noncombustible material. Material that complies with the requirements for noncombustible materials.
   3.   Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2.
   4.   Materials meeting the following standards of quality.
      4.1.   SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration.
      4.2.   SFM Standard 12-7A-2, Exterior Windows. A fire resistance test standard consisting of a 150kW intensity direct flame exposure for an 8-minute duration.
      4.3.   SFM Standard 12-7A-3, Horizontal Projection Underside. A fire resistance test standard consisting of a 300kW intensity direct flame exposure for a10-minute duration.
      4.4.   SFM Standard 12-7A-4, Decking. A two-part test consisting of a heat release rate (Part A) deck assembly combustion test with an under deck exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2lb (1kg) burning "Class A" size 12"x12"x2.25" (300mm x 300mm x 57mm) roof test brand.
      4.5.   SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under- deck exposure of 80kW intensity direct flame for a 3-minute duration.
      4.6.   SFM Standard 12-7A-5, Ignition-resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30-minute ASTM E84 or UL 723 test method as is used for fire-retardant-treated wood.”
Section 7A06 Ignition-Resistant Construction
   “7A06.1 General. Ignition-resistant construction shall be in accordance with Sections 7A06.2 through 7A06.11.”
   “7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of this Code, as amended.”
   “7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment consisting of one layer of 72-pound (32.4 kg) mineral-surfaced, non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley.”
   “7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the exposed underside by ignition-resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction, 2-inch (51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire- retardant-treated lumber or 3/4 -inch (19.1 mm) nominal fire-retardant- treated plywood, identified for exterior use and meeting the requirements of Section 2303.2. Fascias are required and shall be protected on the back- side by ignition-resistant building materials or by materials approved for not less than 1-hour fire-resistance-rated construction or 2-inch (51 mm) nominal dimension lumber.”
   “7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material.”
   “7A06.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing:
      1.   Materials approved for not less than 1-hour fire-resistance- rated construction on the exterior side.
      2.   Approved noncombustible materials.
      3.   Heavy timber or log wall construction.
      4.   Ignition-resistant building materials complying with Section 7A05.2 on the exterior side.
   Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more than thirty-three percent (33%) of a given wall and shall not be within 5 feet of finish grade. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited.”
   “7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5.
   Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy timber construction or fire-retardant-treated wood, if labeled for exterior use and meeting the requirements of Section 2303.2.”
   “7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following:
      1.   Approved noncombustible materials.
      2.   Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2.
      3.   Ignition-resistant building materials in accordance with Section 7A05.2.”
   “7A06.8 Exterior doors. Exterior doors shall be constructed of approved noncombustible materials, standard solid core wood not less than 1 ¾ inches thick (44 mm), or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible.
   Exception: Vehicle access doors.”
   “7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be covered with noncombustible corrosion-resistant materials with openings not to exceed 1/4inch (6.4 mm),or perforated noncombustible materials with perforations not to Exceed ¼ inch(6.4mm) or shall be designed and approved to prevent flame or ember penetration into the structure.”
   “7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner two thirds of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical.”
   “7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15 240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire- resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2.”
   “7A06.10.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than ten percent (10%), the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6.
   Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy- timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2.”
   “7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators or decorative heating appliances in which solid or liquid fuel is used, shall be provided with a spark arrester. Spark arresters shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch (12.7 mm).”
   “7A06.11.1 Net free area. The net free area of the spark arrester shall be not less than four times the net free area of the outlet of the chimney.”
Section 1505.1 General: Section 1505.1 is amended to read as follows:
   "1505.1 General. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking.
   Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (25%) or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems."
Table 1505.1 Minimum Roof Covering Classification for Types of Construction and all associated footnotes are deleted.
Section 1505.3 Class B roof assemblies is deleted.
Section 1505.4 Class C roof assemblies is deleted.
Section 1505.5 Nonclassified roofing is deleted.
Section 1505.6 Fire-retardant-treated wood shingles and shakes is deleted.
Section 1505.7 Special purpose roofs is deleted.
Section 1507.1.2 Ice barriers: Section 1507.1.2 is amended to read as follows:
   "1507.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral-surfaced roll roofing, slate, slate-type and other shingles. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces.
   Exception: Detached accessory structures that do not contain conditioned floor area."
Section 1510.8.6 Snow retention devices: Section 1510.8.6 is added, to read as follows:
   "1510.8.6 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings, areas directly above or in front of utility meters and/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined by the Building Official.
   Exception: Roof areas with a horizontal projection of less 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 the intersecting wall surface."
Section 1603.1.10 Boulder and rock walls: Section 1603.2 is added, to read as follows:
   "1603.1.10 Boulder and rock walls. Boulder or rock walls with a height of greater than 48 inches shall be designed by a registered design professional and shall comply with Section 1603.1."
Section 1604.1.1 Hazard areas: Section 1604.1.1 is added, to read as follows:
   "1604.1.1 Hazard areas. All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazard areas shall be designed in compliance with Title 12, Chapter 21 of the Town of Vail Municipal Code."
Section 1608.1 General is deleted.
Section 1608.2 Ground snow loads: Section 1608.2 is amended to read as follows:
   "1608.2 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows:
   1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load.
   2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load.
   There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs."
Section 1809.5 Frost protection: Section 1809.5 is amended to read as follows:
   "1. Extending to no less than 48 inches below grade."
Section 2111.1 General: Section 2111.1 is amended to read as follows:
   "2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the Town of Vail Municipal Code."
Section 2902.2 Separate facilities: Section 2902.2 is 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 fewer."
   Exception 4 is deleted.
Section 3107.1 General: Section 3107.1 is amended to read as follows:
   "3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and Title 11 of the Town of Vail Municipal Codes."
Section 3109 Swimming Pools: Section 3109 is amended to read as follows:
   "SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES
   3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.2 through 3109.5, other applicable sections of this code, and the Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5.
   3109.2 Definition. The following term is defined in Chapter 2: SWIMMING POOLS.
   3109.3 Public and semi-public swimming pools. Public and semi-public swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a fence not less than 60 inches (1524 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates, with the latch a minimum of 54 inches (1372 mm) high.
   3109.4 Private swimming pools. Private swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a barrier complying with Sections 3109.4.1 through 3109.4.3.
   Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F1346 need not comply with this section.
   3109.4.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm).
   3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4-inch- diameter (102 mm) sphere.
   3109.4.1.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.
   3109.4.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 13/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width.
   3109.4.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 13/4 inches (44 mm) in width.
   3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 21/4-inch square (57 mm square) unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 13/4 inches (44 mm).
   3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 13/4 inches (44 mm).
   3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self- closing and have a self-latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where the release mechanism of the self-latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more, below the top of the door or gate, and the door or gate and barrier shall be without openings greater than 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism.
   3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply:
   1. Doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door.
   2. The pool shall be equipped with a power safety cover that complies with ASTM F1346.
   3. Other means of protection, such as self-closing doors with self-latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above.
   3109.4.1.9 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere.
   3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8.
   3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers.
   3109.5 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7."
(Ord. 17(2018) § 1 ; Ord. 19(2019), § 1 )