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VOL .5 NO .1 (0 LETTER FROM THE PRESIDEN T 1986 is shaping up to be a very busy year for the Colorado Chapter . Items of note include the Code Developement Committee hearings to be held in Denver, January 27 through February 1, 1986 . These hear- ings offer an incredible opportunity to learn the reasons behind proposed code changes . I encourage the members of the Colorado Chapter to help show the Conference and Industry, that we are con- cerned with the code change process . In March we can all look forward to the Educational Institute offer- ing a wide range of interesting topics which has drawn International attention . Contact Greg Keith (668-3170) or Metro (635-2535) if you need further information . LET'S MAKE 1986 A YEAR TO REMEMBER!!! (erald George President
Transcript
Page 1: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

VOL .5 NO.1 (0

LETTER FROM THE PRESIDENT

1986 is shaping up to be a very busy year for the Colorado Chapter .

Items of note include the Code Developement Committee hearings tobe held in Denver, January 27 through February 1, 1986 . These hear-ings offer an incredible opportunity to learn the reasons behindproposed code changes . I encourage the members of the ColoradoChapter to help show the Conference and Industry, that we are con-cerned with the code change process .

In March we can all look forward to the Educational Institute offer-ing a wide range of interesting topics which has drawn Internationalattention . Contact Greg Keith (668-3170) or Metro (635-2535) if youneed further information .

LET'S MAKE 1986 A YEAR TO REMEMBER!!!

(erald GeorgePresident

Page 2: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

g roup homes repor t

Group homes create a utiq rbuilding departments . tJks' tiiygroup homes pose a quettut t hwshould be classified .

The committee took on h w ththe idea that a Group y Iiy ifcation was overly restr rh to1 Igroup home facilitie s

Wi thin the commi tte proposal t roup HDivision 4 occupancy was crattI intl anappendix chapter written to nnumstandards of safety and to qovn the qneral requirements based on u'ncy .

For this proposal Group R, Dlvlsln 4occupancies are defined as : resident1aboard and care facilities for non-restraine dambulatory persons who may have a physicalor mental impairment (each accommodatingless than 10 persons, excluding staff) .The proposal is intended to also coverfacilities for social rehabilitation andhousing for the elderly .

The Group Home Committee will soon be meet-ing with Code Development and then will befinalizing the proposal .

For further information, contact BeckyBaker .

35years in'8 8Thanks to Mr . John Petersell, our Chapters

Historical Committee has some ambitiousplans for 1986 . John made available hiscollection of old Colorado Chapter minutesand correspondence dating back to our birthat a November 12, 1952 organizational meetingat the Park Lane Hotel in Denver . The pur-pose of that meeting was to discuss themerits of organizing a local Chapter of thePacific Coast Building Officials Conference .The minutes read :

'After considerable discussion of themerits and value of such associationof inspectors, it was the vote of thegroup that such a local Chapter shouldbe formed . '

The group went on to meet on January 23,1953, to establish the "Colorado Chapter ofthe Pacific Coast of Building Officials" .

5 YEARS (cont'd )

Our first President was Mr . E . J . Jones,Chief Building Inspector and City Engineer,Cdnon City . The following members were en-rolled in the Chapter and paid $3 .00 eachin membership dues : George P . McCormack,Denver ; William F . O'Neill, Lamar ; L . Owings,Colorado Springs ; M . J . Kochevar, ColoradoSprings ; E . E . Thurman, Colorado Springs ;John J . Wilder, Aurora ; John PetersellPueblo ; Joseph Dell Galloway, Pueblo ; HaroldDickson, Pueblo ; E . J . Jones, Canon City ;I . H . Younger, Denver, Louis J . Jay, Denver ;Pete Roukema, Greeley ; and James Murray,Colorado Springs .

The Historical Committee plans to use theNewsletter as a forum for presenting tidbitsof Chapter history to our members . Anyonewishing to contribute information or oldrecords for our archives can do so by sendingthem to Tom Thompson, #6 Garden Office CenterBroomfield, Colorado 80020 .

NOTIC E

At the January 10th Chapter Meeting, a mockCode Development Committee hearing will beconducted . The hearing agenda will be theNovember-December 1985 Building StandardsPart IV .

The November-December Part IV contains allof the suggested revisions to the 1985Uniform Codes to be considered in 1986 .

Those items not covered at the ChapterMeeting will be addressed at the January 17thCode Change Committee Meeting to be held atthe Lakewood Municipal Center, 445 SouthAllison Parkway in Lakewood . Meeting time is9 :00 A .M .

Please review all suggested revisions and comprepared to participate in the mock hearings .

Your opinions and comments will be of greatvalue to those members representing theChapter at the Code Development hearing inDenver January 27-February 1, 1986 .

Page 3: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

hape . 8h.

-----

e annual business meeting of the Colorddhapter of ICBO was held in Lakewood at th e

Ramada Inn . Our hosts did an outstandingjob of making everyone feel welcome . Theprogram committee also did an excellent jobof educating and informing the membership .

Denise Burrell of the Coppers Company talkedon pressure treated wood . The Code ChangesProcess - How to get Involved, was presentedby Dan Nickle . Conirierce City Buildin gOfficial, Bob Fotte, gave us clues on 'HOWto Better Relations with other Departments" .A program on the Questions of Foam Plastice,which by the way gave no answers, was presentedby John Hatfield and Rusty Price .

Liability and handling those risks seemed tobe a big theme throughout the meeting (see theaccompanying article on LaPlatta County)so,Ray Lehr with the Colorado IntergovernmentalRisk Sharing Agency (CIRSA), a self insurancegroup, discussed safety on jobsites . DenverRegional Council of Governments (DRCOG) waskind enough to let Dick Vounkin, the shared,levator inspector, discuss his program withhe membership .

We also had the privilege of touring theLakewood Brick Company to see first handbrick in the making . Did you know they havediscovered fired brick more than 10,000 yearsold? Gerry George, our newly elected Presi-dent, personally bent a newly formed brick ,of course, it hadn't been fired yet .

This business meeting was the election ofnew officers and here is the list of ournew officers :President---Gerry George---Lakewood1st V .P .-----Tom Thompson---Broomfjeld2nd V .P .----Larry Pirkl----ArvadaSecretary---Noel Vargo Winter ParkTreasure----Steve Thomas---Glendale

Board of Directors :Becky Baker, Bob Fotte, Larry Cooper,Greg Keith, and Rusty Pric ePast President-Gerry Booth

The President of the International Conferenceof Building Officials, David Bassett, acceptedthe Chapters invitation to install the newofficers at a banquet held Thursday eveningDecember 5, 1985 . In speaking to the member-ship, Dave gave us the challenge to keep theleadership this Chapter has earned in the last¶?w' yaar and to strive to better the entireConference with our participation .

We haye many new horizons in 1986 . The firstwill be the Code Development Committeehearings to be held here in Denver o nJanuary 27-31, 1986 . Plan to attend thisunique opportunity . Also, this is theinaugural year of the Education CommitteCode seminar classes . These are to be heldMarch 3-7, 1986 . Contact Greg Keith or anyof the officers for applications to thisexciting education opportunity .

Most important for this issue of the News-letter are the dates and places of themeetings of 1986 .

January 1O---Littleton July 24-25--Estes ParkMarch 21--Longmorit or Colorado Spring sMay 8-9---Grand Junction October 17--Glendale

December 11 & 12 -- Lakewood

Page 4: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

N()E LAW

. . . . ..

A ia ch4'd November 21, 1985to iiding a suit broughtor, )I Hi LkparLrnent by an in-d v ' .• ii injured in a fall

I in ut g iardrafl at a pri-V .1r4 t L4k'nc

fl as we! I as the deck weretid w hoot a permit, hOwever acc-

in! !nwtng article, there wa sk'y 't situation by the BuildingI flt1* 1 *

PART I

1 u' tirki utnrtc r

fle,', No.4t a*$ptecl tT U .U .C . , wiich clearl y

r* .}uT '1 scki morn than 30 inches bovoqroa*nt Iee t he equipped with a guardraiL wan purchaqed a building permitafter the etff*ctive date of that resolution .This permit ated that he was to complywith all "I#,wa and regulations in thelocation, construction and erection" of thea trueture for which the permit was granted .

in ha late CowReol,j t ion No .71-1?', ixiV, entitled "penalty," EII

reve led i t-a in tent to apply theB - C . ta those a tructures under

construct ion an the date of its adoption,stating : "No person shall commence orcon tinue any work in respect to anybuilding . . in violation of theprovisions of this Resolution ." (emphasisadded) Nevertheless, similar to thesituatjon in Martinez, Justus, and Gilbert,the Board here failed to follow its ownregulations by adopting a policy thatstructures begun before January 1, 1974,would not be inspected .

Since the Board took affirmative actionto alleviate the hazards of poorconstruction standards, a common law duty touse reasonable care to protect foreseeableplaintiffs arose . See Martinez v . City ofLakevood, aupra . Consequently, the Board'siTaion not t enforce the inspectionrequirement as to structures begun before•anuary 1, 1974, fails to negate the dutywhich arose by its affirmative action ofadopting building standard regulations . SeeJustu v . Jefferson County School Districtfl-i, supra ; Gilbert v . City of Arvada ,

Accordingly, under common lawprinciples, the issue of the Board'sliability to Moreland was a factual questionproperly submitted to the jury forreqr,lntiu-un

II .The Board, however, con tends that the

doctrine of official immunity and publicpolicy considerations necessitate a findingof immunity under these facts . We disacree .

Under the doctrine of official immunjt'immunity attaches if the official acts whilgive rise to the complaint are discretionaryin nature, and, for purposes of the immunitydoctrine, discretionary acts, are tho actsof a judgmental, planning, or policy nature .Cooper v . llolli, 42 Cola . App . 505, 600P . 2d I37T979 . Here, however, we areconcerned with sovereign immunity and itabrogation under the Governmental ImmunityAct . Therefore, the doctrine of officialimnunity and the distinction betweendiscretionary and non-discretionary acts isnot applicable . Mason v . State, 689 P .2d199 (Cob . App . 1984)(cert . granted Oct . 22,1984) .

Moreover, we note that this case arisesin the context of the Colorado GovernmentalImmunity Act . Section 24-10-101, et . seq .,C .B .S . (1982 Repi . Vol . 10) . Section24-10-104, C .B .S . (1982 Repi Vol . 10)provides that i f

"a public entity provides insurancecoverage . . . to insure itself againstliability for any injury or to insure any ofits employees against his liability for ainjury resulting from an act or omissionsuch employee acting within the scope ofemployment, then such public entity shall bedeemed to have waived the defense ofsovereign immunityMere, the Board had obtained insurance tocover the instant liability . Therefore, theBoard is not immune from suit .

III .Finally, the Board contends that the

trial court erred in failinq to instruct thejury in accordance with it tenderedinstruction concerninq the affirmativedefense of honest an] reasonable mistake .

There was no error here .The honest an] reasonable mistake

defense is a subpart of the common lawdoctrine of sovereign immunity . SeeFlournoy v . McComag, 175 Cob . 526, 488 PTã

1104 (1971) ; see also Winters v . City ofCommerce City, 648 P .2d 175 (Cob . App

1932) . Where, as here, the GovernmentalImmunity Act applies, the public entity isdeemed to have waived the defense ofsovereign immunity . Mason v. State ofColorado, supra . Consequently, the publicentity is to be treated as any other privatelitigant . See Martinez v . City ofLakewood, supra . Because no privatelitigant may assert the "honest andreasonable mistake" defense in a negligenceaction, W . Prosser & 0 . Keeton, Tor§65-68 (5th ed . 1984), neither mayBoard . Accordingly, the trial cour(correctly refused the tendered instruction .

The judgment is affirmed .JUDGE BERMAN and JUDGE TtJRSI concur .

Page 5: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

La Plata case continued .

No . 83CA1255

ierick Moreland ,Pla intl ff-Appellee ,

V .

The Board of County Commissioners of theCounty of La Plata, a political andgovernmental subdivision, of the State of

Colorado,Defendant-Appellant .

Decided November 21, 1985 .

Board of county commissioners appealedjudgment entered on jury verdict findingdefendant negligent in failing to enforcethe county's uniform building code andthereby causing injuries to plaintiff whenhe fell off cabin deck that lacked guard

ra i 1 .

Affirmed

Appeal from the District Courtof La Plata County

Honorable James D . Childress, Judg e

• Alan C . Johnson, for Plaintiff_Appellee .

Hall & Evans, Richard A. Waltz, AlanEpmtein for Defendant-Appellant .

Division III .

Opinion by JUDGE METZGER .

Defendant, the Board of CountyCommissioners of La Plata County (theBoard), appeals the trial courts entry ofjudgment on a verdict finding the Boardnegligent in failing to enforce the county'suniform building code and thereby causinginjuries to plaintiff, Frederick Moreland .

We affirm .Ron ricEwan began construction of a cabin

in the spring of 1973 . He dug a foundation

and put reinforcing rods in place, but didnot obtain a building permit pursuant to thethen existing La Plata Count Resolution No .

1972-25 . This resolution was a optedpursuant to a zoning plan which requiredbuilding permits in order to build orimprove a structure In effect, thatresolution assessed a tax of $1 per $1,000of value for the issuance of a building

permit .On December 31, 1973, the Board enacted

iidingCode0ft e International Conferenco of Buildin o

cials (U .B .C .) . The effective date of

resolution was January 1, 1974, and itprovided that ll construction wor'

performed after that date must conform tothe requirements of the U .B .C ., with no

exceptions .

Richard Yesger, La Plata County's firstbuilding inspector hired April 1, 1974, wascharged with developing a buildingdepartment and with enforcing the provisionsof the U,B .C . and La Plata County ResolutionNo . 1973-130 . Because of the lack ofsufficient experienced personnel, the Boardadopted a policy that existing residentialdwellings and those dwellings whoseconstruction had commenced prior to January1, 1974, would not require buildinginspections, and were not to be inspected .

In the spring of 1974, McEwan was tollby the Rural Electrical Association that he

rust obtain a building permit in order tor'ceiVe temporary electrical power . McEwanobtained a building rrmit from the countyon April 8, 1974 . The permit was issued bythe county assessor's office, which hadpreviously issued permits pursuant to taplata County Resolution No . 1972-25 . NoTns or blueprints were submitted asrequired by the U .B .C., nor were anyrequired subsequent inspections of thedwelling performed .

However, Yeager did visit the McEwancabin for other reasons in the summers of1974 and 1975 . During both visits a deckconstructed by McEwan along the west andnorth sides of the ca1in had been completed .- During Yeager's 1974 visit there was noguard rail ; during his 1975 visit the onlyguard rail was along the west edge of thedeck . Much of the deck, including both thenorth and west sides, was as much as tenfeet above the ground . Th1 was a clearviolation of the U .B .C ., which requiredguard rails along decks built more than 30inches from ground level .

Moreland's accident took place on March10, 1982 . He had gone to visit a friend whowas renting McEwan's cabin . Early thatevening, Moreland left the cabin, walked offthe deck on the north side, and fell to theground sustaining a spinal injury renderinghim a paraplegic .

At trial the jury found the Board 58percent negligent and Moreland 42 percentnegligent . This appeal followed .

I .The Board first contends that, as a

matter of law, it owed no duty to Morelandunder the circumstances of this caeTWèdisagree .

In order to prove negligence, aplaintiff must show that the defendant,including a public entity defendant, has alegally imposed duty or a standard ofconduct to which the defendant must adhere .Dare v . Sobule, 674 P .2d 960 (Cob . 1984) ;Justus v. Jefferson County School DistrictR-1, 683 P .2d 805 (Cob . App . 1984) (cert .granted June 25, 1984) . The duty may derivefrom either a statutory standard of conductor from a judicial or common law standard .Dare v . Sobule, stipra .

Whether a defendant owes a legal duty toa particular plaintiff and the scope of thatduty are questions of law . Metropolitan CanRepair Service, Inc . v . Kulick, 621 P .2c}313 (Cob . 1980) ."Whether the law should impose a dutyrequires consideration of the risk involved,the foreseeabjljty and likelihood of injury59 weighed against the social utility of anactor's conduct, the magnitude of the burdenof guarding against the injury or harm, andthe consequences of placing the burden uponthe actor ."

Page 6: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

La Plata case continued .

Justus V . Jefferson County aol DistrictR-l,supra .

A .Sttu tory D

The Board arqucs first, and we aqree,that Quintano v . Industrial Commission, 178

Cob . 131, 495 P .2d 1137 (1972) jadispositive as to the statutory duty isiuc .There, plaintiff alleged that a statestatute requiring inspection of aUfactories imposed a duty upon the ColoradoIndustrial Commission and the individualcommissioners to inspect . The supreme courtheld that the Industrial Commission an awhole was shielded by the doctrine ofsovereign immunity and the individualcommissioners owed no duty unless there yasa clear indication that the General Assemblyintended the statute to be used as a baifor civil liability . Quintano v .Industrial Commission, supra . See also

Martinez v . City of Lakewood, 65 P .2d 1T

Colo . App . l982J . Therefore, no statutoryduty may be found irthe 15ênce ofa1eqislat? intent to impose civil1 i iFITtyT

Accordingly, since the Board did notinclude a civil 1lbi1ity provision in theLa Plata County ResolOtion No . 1973-130, no

sttutcry duty may be implied .

Common Law DutyThe Board also argues that no common la

duty arises because this action involvenonfeasar)ce . Moreland, on the other handargues that this is a case of misfeasanceW agree with Moreland that, since the Boartook affirmative steps to pass and enfobuilding code, .,its neIigenceThnd'tha Iits ernp1cyee could be found to be a causof Morelands injuries .

The issues involved here are similar tcthose in Justu v . Jefferson County SchoolDistrict R-1, supra, and Gilbert v . City ofArvada, 694 P .2d 847 (Cob . App .l84)(cert . granted Jan . 14, 1935) . InJustus, the Jefferson County School Districtestablished a regulation which provided thatonly students in the upper elementary gradeswere permitted to ride their bicycles toschool . The plaintiff, a first grader, wasinjured while riding his hike home fromschool . In reversing summary judgment forthe district, this court ruled that,although the school district ordinarilywould not have a duty to protect pupils offschool premises, nevertheless, since theschool had undertaken such a duty by itsactions and regulations, liability could hefound .

Similarly, in Gilbert, this court founda duty owed by the defendant city to aninjured kindergartener . There, crossinJguards were provided at the intersectionwhere plaintiff was injured following thcdismissal of afternoon classes, but nocrossing guards were provided for thekinderqartners who were dismissed earlier inthe day . Again, the finding of a duty washas.d upon p3Vicrossing guards for some students, amsubsequent omission, failing to prVt1iec?Tnqguaf6r other students .

Likewise, in Martinez v . City o f

We hope you have enjoyed this ls3ue of theNewsletter . If yu have ntepretatiOflS,ideas, questionS or articles you would liketo see, please send them to :

Rusty Price2255 West Berry AvenueLittletOn, CO S016 5

:'ç

)

Lakewood, supra, the city was found to havo

assumed a iThIy to plaintiff by virtue of its

having undertaken to correct an area of poorvisibility

. _________

Page 7: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

The First Meeting of 1986 by Rusty Price

The January 10th meeting of the ColoradoChapter of ICBO was well attended . Wehad 44 people registered . This being thefirst meeting of the year, the businesssession was mostly organizing for thi s

• year's work . President George handed outa booklet giving meeting dates of thevarious committees as well as the assign-ments of members and chairman of thesecommittees . Two new approaches wereevident in the appointment of alternatevoting member status to some of thecommittees, as well as the formation o fa historic committee . Basically, thiscommittee was formed to keep track ofChapter history and preservation ofmemorabilia . You may have seen lastissue's article from Chairman Thompsonon historic issues . Remember 35 year sin '88? f Under new business, we discussedour annual budget, which was approved,and the upcoming Building Safety Week .It was decided to try for a news coveredsigning and presentation by Governor Lammof the proclamation . We also decided tohave television public announcement spotsfor Building Safety Week on local commer-cial stations . It was felt that BuildingOfficials need all the Public RelationSwecan generate in this form and opportunit y

Committee reports showed the response toour education opportunity is going greatguns, with response from as far away asJapan and Canada .

This one day meeting only allowed for twoprograms on the agenda . Mr . Jerry Dahl,attorney for the Colorado Municipal Leaguediscussed the legislative process in Colo-rado and then proceeded to explain the"legalese" of the La Platta County liabilitydecision by the Colorado Court of Appeals .He also told us of a number of bills to beintroduced in Congress to again limit theliability of regulatory agencies . Tha tway these agencies would not face as manylawsuits because they would not have "deeppockets . "

The highlite of the day was a sessibn ofMock Committee hearings . The hearingswere arranged by Dan Nickle, Chairman ofthe Code Changes Committee . The panelmembers were voting members of thatcommittee . We chose 25 items fro m

November-December, Part IV for discussionand certain members of the audience werecued to play proponants of items or oppo-nants of items . Discussion of the itemsthen followed . The chair then, by Robertsrules of order, began the process toapprove, approve as revised, further studyaction or disapprove each of the items asthey were being discussed .

The vote of the committee will then becomethe position of the Colorado Chapter atthe national committee hearing here .

There was good audience participationand for the most part even though wewere working on code changes, there wasa good amount of humor and good times .

Page 8: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

News Ree - City 'f Locriont, C O

The City of Lonjmont has develope da computer program for permit issuanceand inspection tracking . Since otherjurisdictions may be interested in thistype of system, the following informationis provided .

The City of Longmont uses an IBM System38 Main Frame Computer . The system willprovide a printed permit with all feesautomatically calculated and poste dto the appropriate accounts . It willgenerate daily, monthly, and annualactivity reports .

The Inspection Tracking System enablesall inspectors and code enforcementofficers to enter their daily activitiesand the computer will automaticall ypost information to the appropriatejob file . Upon completion of each job,the computer will print out a record ofall inspection activities, giving theinspectors name, type of inspection,and date inspected . The inspectorsdaily reports can be printed and usedto monitor the workload by inspector .The program will eventually allow u sto flag addresses that have been desig-nated as historically significant, withinthe flood plain, or other conditionswhich would restrict the issuance ofpermits .

The software for the system was developedin-house using RPG-3 code . It can bemodified by those jurisdictions wishingto adapt it to a P .C . system . The Cityof Longmont and the Building InspectionDivision are interested in sharing thesoftware with other jurisdictions a ta nominal cost to recover the cost ofthe system's development . We would liketo invite persons interested in seein gthe system in operation to visit our officeduring the March Colorado Chapter of ICBOmeeting in Longmont .

For more information, please cal lDavid VanAllen at 572-0219, Extension 332 .

rverything You Wanted to Know AboutCoupling But Were Afraid to As k

*(of plastic pipe) by Bob Bruning,I A

Should your pipe be clean before you couple?Should you prime your pipe before you couple?How about cleaning and priming? Is it betterto couple when it's cold or when it's hot ?

The answer to these and many other questionswill be revealed during the Regional InspectorAssociation Colorado Chapter of IAPMO, onMarch 18, 1986 . Our guest speaker at the Marcimeeting will be Tony Scarano, an IndependentPlastic Pipe Consultant . Mr . Scarano will bespeaking on the proper methods of solventcementing for ABS, PVC, and CPUC pipingsystem . Tony will not only cover the standardfor the solvent cements, but also for primers,pipes, and the IAPMO installation standards .

We feel very fortunate to have Mr . Scarano asour guest speaker, as he is considered one ofthe leading experts in this field . We anti-cipate this to be a very informative sessionand encourage at least one person from eac h

jdjgepartment to be in attendance .

The meeting will be March 18, 1986 at 9 :3O3rd floor of the Aurora Municipal Building .

ICBO 60 Years -198 6Colorado Chapter 33 Years in 1986

By Larry Pirk i

The Pacific Coast Building Officials Conferencewas formed in 1922 . The first President wasMr . M . C . Woodruff . The 1927 edition of th eUniform Building Code was published in Decer-

ber of 1928 . Leatherbound copies could b 1ur-chased for $2 .50 . The eight Annual Meeting ofthe Pacific Coast Building Officials (onferwas held in Portland, Oregon on September 36, 1929, by which time 55 jurisdictions hadadopted the U .B .C . .

Page 9: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

Iwo iaraqraphs of a letter from I .C .B .0 . datedJuly 2, 1956 are :

"The name International Conference of Building_tfitials was selected to more nearly delineate

no uope and purpose and to reflect the wide-cpread use of the organization's materials andrvices . The Uniform Building Code is now in

use in the United States, Alaska, Hawaii, Canada,Australia, Japan, Sweden and several Central andSouth American countries . Its actual maintenancedS d modern document commands the co-operation ofbuilding code specialists from border to borderand coast to coast . '

'A San Fransisco office, on the agenda since1953, is being opened in the Flood Building,(room 784) 870 Market Street on July 16 . JohnBehrens, appointed to the position by the Exe-cutive Board on March 24, is exceptionally wellqualified by background and experience to fillthis important position ."

197 071 B . Awanius State Health Dep t72 A . Pisciotta CO Community Col l73 G . Clyde Ft . Collin s74 A . Fuller Aurora75 R . Jackson Jefferson County76 C .K .Carter Boulde r77 P . Tyree Cob . Spring s

D .H .Andrews(deceased) Lovelan d78 A . Larson Adams County79 H . Paddock Broomfiel d

1980 B . Kowalski Arvad a81 J . Prose Wheatridg e82 J . Hatfield Edgewate r83 D . Tyree Avo n34 Ii . Fischer Grand County85 3 . Booth Breckenridg e

If anyone can fill in the blanks for theyears 1961, 66, 67, 70, and 75, or if youhave any corrections, please contact LarryPirkl, 8101 Ralston Road, Arvada, CO 80002 .

As outlined in the last newsletter, the first ' -

meeting of the Colorado Chapter of the Pacific ' f,

Coast Building Officials was held on January 23 ;",1953 . The name was changed to the Colorado c .)Chapter of I .C .B .O . shortly after the I .C .B .O . -'c' 7) /'.'

name change in 1956 . The letterhead of the/

Chapter for 1976 read "Rocky Mountain Chapter j 'i/f the International Conference of Building ,ifficials" with the following states listed at Othe bottom of the page : Colorado, Wyoming, NeWY ,ç .Mexico, Kansas, and Nebraska . The 1978 letter-head reads as it does now .

After some research and contributions by Mr .John Petersell and Mr . John Stone, the Histor-ical Committee would submit these names asserving as Presidents of the Chapter over thelast thirty-three years .

1953 E . J . Jones Canon City54 J . Petersell City of Puebl o55 II I ,

565 753 W . Kuenning Cob . Spring s59 M . Woltz Denver F . D .

1960 J . Antonio Denve r6 152 T . Briggs Aurora63 C . Meyring Boulder64 Jay Denver

Kinkel(deceas ed) Arvada65 Jay Denver666 768 K . Christenson Aurora69 Robenstein Greeley

d e,Piri'i ho

P1JBIJC

Page 10: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

SAMPLERESOLUTI ON

COLORADO BUILDING SAFETY WEEKApril 13-19, 198 6

(For adoption by the Counties, Cities, and Towns of the State ofColorado )

WHEREAS, the states and local jurisdictions of this nation haveadopted legislation and do administer, when necessary, laws andordinances to protect the health, safety, welfare and property ofthe citizens, and

WHEREAS, the (City, Town, County of) - -

a local jurisdiction in the State of Colorado, has adopted rulesregulating the construction of buildings in which people live,work and play and

WHEREAS, other concerned jurisdictions also have realized theimportance of building safety, the proper application of thebuilding code requirements and the importance of developing uni-form interpretation and the exchange of information, and haveformed the Colorado Chapter of the International Conference ofBuilding Officials to assist in the administrative problems ofthe various communities in the State, and

WHEREAS, building safety is foremost in the concerns of thesebuilding officials, as well as the City (Town, County) admin-istration and elected officials of the (City, Town, County of )

BE IT THEREFORE RESOLVED, that, the week of April 13-19, 1986shall be designated as Building Safety Week .

IT IS FURTHER URGED that all the citizens of this community willbecome acquainted with the building department ; the personnel ;it's various processes and it's services during this week .

IN WITNESS, I have hereunto set my hand this____

day of

- -, in the year of our Lord nineteen hundred

and eighty three .

Mayor (Chairman or Other 'litle)

:1

Page 11: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

is

ARTT RENcERN

E!! :WO JBoulder, IBi

Diagonal Hiqhwoy_-- Longnor t

The Rain Tree Plaza is offering a $48 .00/night plus tax, single or doubleroom rental rate for 10 or more rooms . The normal rate is $53 .00 plus taxfor a single . The price includes continental breakfast and an open barhospitality room . Reservations may be made by calling 776-2000 in Long-mont . Other motels in the area include the Briarwood and the LamplighterMotels . The Briarwood has hot tubs in the rooms and the rates are $32 .00per night plus tax for a single and $35 .00 per night plus tax for a double .Their telephone number is 776-6622 . The Lamplighter is $29 .50 a night plustax for a single and $35 .00 per night plus tax for a double . Their telephonenumber is 776-7620 . Both motels are located on North Main Street in Longmont(Highway 287) . -

- L

mOm Zcjr

r- m rnrn

T --

.I 25 ___________________ ___

- .--------T(2 E4E R

IC.B .O. MEETING AT LONGMON T

March 21, 1986

(See maps that follow )

/V

Page 12: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

odds and ends

Job Openin g

City of Boulder : Cnorincito of InspectionServices and AssistantBuilding Officia l

Job Duties Include : Supervision of 6 BuildingInspectors, 3 Housing (Rental) Inspectors, 3Right-of-Way Inspectors, 1 Zoning Inspector ,3 Administrative and Clerical Staff, 1 PlansExaminer . Management Responsibilities includemonitoring budget, scoeduling work, andextensive public contact related to coderequirements . Extensive code enforcemen tor technical background such as construction,architectural or engineering experiencerequired . Management skills and experiencerequired . Contact : City of Boulde r

Personnel Department441 -3070 regardingapp] icatio n

Salary Range (Yearly) : $29,613 to $40,241

Retired

Leonard Bowen has retired as PlansExaminer for Boulder County as ofJanuary 3, 1986 . Leonard has workedfor Boulder County since Feb . 1983 .Prior to 1983, he worked for CSU inFt . Collins as an on-site inspector .Before being employed at CSU heoperated a gas-fired applicance in-stallation and repair business . Likemost of us who "retire" from thecode enforcement business, Leonard"just can't stay away" and will beoffering his services on a contractor fifi-in basis . If you are interes-ted in contacting Mr . Bown, pleasecall (303)666-5089 . We wish Leonardthe very best in his retirement andnew endeavors .

/._1 I

/

c :f•t ;i n

S :: ::ifLIc . CLo].c, 3 :1

Page 13: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

COLORADO. % i I

MESSAGE FROM THE PRESIDENTby : Gerry George

Having missed the deadline for th elast issue of the newsletter I'll try torecap the Chapter's activities sinceJanuary .

To those of you who attended the CodeDevelopment Hearings in Januáry,myheartfelt thanks . By rough estimat ethe Chapters position on the approximately

350 proposed changes was sustained by the

Code Development Committees in over 90Z ofthe A v°' -'nd -'- 4ob 1'

our Code Changes Committee . The Chapter's•ctlvity was well recognized by the

Conference and industry .

By March 7th the Chapter's EducationalCommittee was breathing a big sigh of reliefhaving completed the final day of theEducational Institute . With over 280attendees in 27 different classes, th ehard work indeed paid off . Again theconference had watched, with respect,the Chapter's progressive activity .

Our joint meeting with the Utah Chapter hasbeen moved from Grand Junction to GlenwoodSprings due to facility problems in GrandJunction . The meeting will be held in thehistoric Hotel Colorado just across thestreet from the Hot Springs Pool . Ilook forward to seeing all of you there .

The Annual Business Meeting is fastapproaching . The Code Changes Committeewill be working hard on the "Report ofthe Code Development Committees" justas soon as the monographs are mailed .Should you have any concerns or wish to

attend the Code Change Committee meetings,

contact Dan Nickle, Chairman, at 987-7500 .

POLICY STATEMENT by : Perry C . Tyree

We are in release of a policystatement that was made in November1984 by the Colorado State Board ofRegistration for ProfessionalEngineers and Land Surveyors .This statement had to do with theinspection of buildings for "properintegrity or capacity" and wasconstrued by some to include abuilding inspector in the discharge ofhis duties .

The entire policy statement is printedherein :

POLICY STATEMENT(Revised November 9, 1984 )

It is the opinion of the Board that theinspection and examination of single ormultiple family residential, commercial,industrial or institutional buildings,regarding their structural, electrical,mechanical, thermal insulation androofing/waterproofing subsystems forproper integrity or capacity,constitutes the practice of engineeringas defined in C .R .S . 12-25, Part 1 .Any attempt to determine the structuralintegrity or capacity of a building, orany subsystem thereof, other thandetection of problems by visualinspection or normal operation of theuser's controls, constitutes thepractice of engineering . This wouldinclude the diagnosis and analysis ofproblems with buildings and/or thedesign of remedial actions . There-fore, an individual who advertise sin this area shall be registeredas a Professional Engineer in theState of Colorado .

CHAPT R

Page 14: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

POLICY STATEMENT CON'T .

In discussing this with Susan Miller, theProgram Administrator for the Board, sheindicated that the Board would be reviewingthis policy at one of their meetings inthe near future . She seemed to think thatIt would be revised somewhat at that time .

As an observation this is merely a policystatement by the Board but was probably notintended by them to address local buildingdepartments enforcing their codes . Whereit actually applies does not appear to be tooclear at this time ; maybe it will get betterafter they work on it .

GOLF ANYONE ?

Anyone who is interested in Golf Thursday,May 8, 1986, after the meeting, please callGerry George (303)987-7500 or Bob Foote at(303)289-3672 by Wednesday, April 23, 1986 .

RATES : $10 .00 per person for 18 holes$ 6 .00 per person for 9 holes$14 .00 Electric Car t

$ 5 .00 Club Rental

WHOSE JOB IS IT?

This is a story about a company that had fourvice-presidents named Everybody, Somebody,Anybody, and Nobody . There was an importantjob to be done and Everybody was sure Somebodywould do it . Anybody could have done it, butNobody did . Somebody got angry about that,because it was Everybody's job . Everybodythought Anybody could do it, but Nobodyrealized that Everybody wouldn't do it . Itended up that Everybody blamed Somebody whenNobody did what Anybody could have done .

COLORADO (ROCKY MOUNTAIN) CHAPTERHISTORICAL HYSTERIA by : Perry C . Tyre e

Yes, we were the Rocky Mountain Chapterfor a short time when the members of theColorado Chapter realized that therewere no Chapters in the adjoiningstates . We had members also fromWyoming, Kansas, and Nebraska as Irecall and in comparison with ou rown membership the out-of-staters werein good attendance at our meetings .When Wyoming got their own Chapte rand the Nebraska members became laxin attendance we went back to theColorado Chapter . One of the moreprolific of our "out-of-state"members became an internationalpresident ; Newell Pock, who at thattime was the Building Official ofCaspar, Wyoming . He is listed as theBuilding Official of Yakima, Washingtonbecause that is where he went fromCaspar, but Newell was a member o fthe Rocky Mountain Chapter for a while .

Jack White was another Chapter memberwho may have been better known as thehost of the ABM in Kansas City, Missouriin 1972 and later as an internationalpresident . Jack was second in commandwith the Denver Building Department forawhile . He was active with the Chapterfor many years and left Denver forKansas City after Jack O'Fallon becamethe Director of the Department inDenver . They had an agreement todisagree . Jack is now retired andis living in Springfield, Missouri .

Walter Kuenning, my predecessor inColorado Springs was a member of theBoard of Directors and a good candidatefor the chairs . Walt gave up hisopportunity when he left the buildingdepartment in favor of School District 11as their construction supervisor in 1962 .

.

Page 15: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

SHISTORICAL HYSTERIA CON'T .

My term as international president waspreceeded by a term on the ResearchCommittee and two years on the Board ofDirectors . Pat and I were host andHostess of the 50th ABM in Kansas City in1972 . Our outing on Wednesday eveningwas rather wet as those of you thatattended will recall ; a rodeo in therain . The Sunday night first-timersreception is still the talk of theconference, however . A gastronomicalextravaganza .

Charles "Red" Gillett, the currentbuilding official of Arapahoe County,served on the ICBO Board of Directorsfor a couple of terms and was a memberof the Board for the Coordination o fthe Model Codes (BCMC) for several years .There is an article in the January/February1986 Building Standards covering theiractivities .

Several former members of our Chapte r

Shave been selected to positions on ICBO staff .It seems that the buildin gofficials position with the City o fAurora was the jumping-off point since bothTom Briggs and Ken Christianse nleft from there . Ken came to Aurora fromFort Collins . The other member of the ICBOstaff trio was Gordon Clyd ewho joined ICBO after leading the FortCollins Department for several years .All three of these men were very activein our Chapter which of course exposedthem to the Whittier crowd .

CODE DEVELOPMENT COMMITTEE

The Code Development Committee has setJune 15, 1986 as the deadline for newsubmittals to be considered in 1986 .Mail your code changes to Bob Foote, 5291 East60th Avenue, Commerce City, Colorado, 80022 .The next Code Development Committee meetingwill be convened at 9 :00 a .m ., April 25, 1986,

in Glendale . Vou are encouraged to attend .

MARCH MEETING RECAP : By Gary Pringe y

The ICBO Colorado Chapter meeting on March21, 1986, was held in Longmont, Colorado .In addition to the business meeting, therewere three presentations by gues tspeakers .

The first presentation provided anoverview of state and local requirementsfor handicapped-accessible andbarrier-free building design . Thepresentation included slides of examplesthroughout Denver and the metro areawhich demonstrated both successful andunsuccessful design responses to barrier-free design requirements .

Statistics show that 11 .14 percent of theof the population in Colorado(approximately 300,000 persons) mee tthe definitions of handicapped ordisabled . It is important to realizethat these categories extend beyondthose persons restricted wheelchairand includes all persons whose mobilityis impaired . This impairment may be dueto partial paralysis, loss of limb, lossof or limited sight, or loss of hearing,just to name a few of the major dis-abilities included in the statistics .Barrier-free design criteria andguidelines presented in several nationalor federal publications are far more com-prehensive than the requirements in theUniform Building Code and are based onimproving accessibility for personslimited by any of these disabilities .

The presentation emphasized that there areare often several methods of design thatmay be used to comply with the intent ofbarrier-free criteria and tha tthe prescriptive requirements listed inthe UBC may not always be the only oreven the best solution . It should also berecognized that many of the harrier-freerequirements improve buildingaccessibility and are used not only fordisabled persons, but also for the generalpopulation .

Page 16: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

MARCH MEETING RECAP CON'T .

Mark Kiuver of the Portland Cement Associationmade a presentation of slides of the damage inMexico City from the recent earthquake .Mark is co-author of the article on thatearthquake damage which appeared inJanuary-February, 1986 issue ofBuilding Standards . This earthquake isdifficult to compare with design assumptions andrequirements in the Uniform Building Codebecause of a significant difference in the typeof geological fault that caused the Mexico Citydisaster and the types of faults which areprevalent in California and are responsible forrecent earthquakes in the United States .

Two keys to the structural failures in Mexico Citybuildings were the lack of loteral shear walls inconcrete frame structures and Inadequate detailingand placement of reinforcing steel in the concreteframe structure . Walls in the concrete fram estructures were not designed or reinforced tocollect and transfer the lateral forces resultingfrom the buildings movement . The steel reinforce-ment at beam to column connections did not complywith the quantity or spacing requirements of theUBC, resulting in connections that deterioratedand failed . The stresses at these connectionswere made more critical due to the lack o fshear walls .

Also, a presentation of a firestop material manu-factured by 3M under the trade name "Fire Barrier"This is a UL listed product that is approved forsealing penetrations of fire-resistiveconstruction . "Fire Barrier" is an intumescentmaterial which begins to expand at temperature sof 250 degrees Fahrenheit and forms a hard char tomaintain its position and prevent the passage offlame and smoke to areas outside a fire areaenclosed by fire-resistive construction . Theproduct for use in fire-resistive assemblies o fup to 3-hour ratings . Limitations on the use andapplication of this product should be reviewedin listing reports from the manufacturer andfor distributors .

During the business meeting Mr . Maldonado,of the Colorado Division of Housing,presented Chapter President, Gerald George,a proclamation recognizes the observance ofNational Building Safety Week in Colorado,April 13-19 . Announcement of this Proclamationwill be distributed by the Governor's office tothe news media .

)CI

Tom Thompson, Chairperson of theHistorical Committee, outlined thecommittee's work to establis ha library of past Chapter recordsand information . The committee hashas compiled a collection of pastpast editions of the UniformBuilding Code back to the 1937edition . They are still in need ofcopies of the 1943, 1958, 1961, and1964 editions . Any assistance orcontributions to this effort willbe greatly appreciated . Inmonths, the committee will bepresenting articles for thenewsletter on the history ofthe Colorado Chapter, includingpast distinguished members andofficers and past annual businessmeetings held in Colorado .

Greg Keith, Chairperson of theEducation Committee, outlined theresults of the EducationInstitute held in Denver ,March 3-7 . The sessions attracted apt281 registrants from 10 states andJapan . There were 27 subjectgroups presented, involving 47instructors . The feedback fromthe participants was ver yon the quality of the materialpresented . Secondarily, the use ininstitute also resulted in a profitto the Chapter . It was decidedthat this profit wil lbe invested in an interest-bearingaccount to be used as seed-moneyfor expenses In hosting the 1990ABM . The Committee has alreadybegun planning for the 198 7Educational Institute . Tentativeplans are scheduling the Institutefor the week of March 2-6 . Plansnext year include expanding thenumber of course paths from 7 to10 . As plans become more Directorestablished they will be announcedso that members may again plannext year's budgets to allow formaximum participation .

Page 17: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

OFFICERS CoQoado eapfek . LflC.President OF THE

(FRALD GEORG Ety of Lakevood

tt Vice PresidentINTERNATIONAL CONFERENCE OF

TOM THOMPSON BUILDING OFFICIALS2 ml Vice Presiden t

LARRY PIRKL P.O. Box 961tty of Arvad.

Arvada, Colorado 80001Secretary

G .N0ELVARGO Colorado Chapter / Utah ChapterTown of Winter Park

TreasurerJoint Ueeting Announcement

STEVE ThOMASQtyofGiend .Je Date : May 8 and 9, 1986

Location : Hotel Colorado

DIRECTORS 526 Pine St .Glenwood Springs, Colorado 8160 1

BECKY BAKE RCity of Federal Helghteg1Strat1Ofl : $25 .0 0

.1. LAWRENCE COOPER AGENDALarimer Count y

BOB FOOTECommerce Cit y

GREGORY KEIThSummit County

Thursday, May 8t h

8 :00- 8 :308 : 30-10 : 00

Registration at Doo rThe LaPlatta County, Colorado CaseMr. LawBreakLimiting Your Liability ExposureSusan K . GriffithsLunchGiving Court TestimonyThe Mr LawBreakFire Safety UpdateDean Smith, Director of Colorado Division ofFire Safety

10 :00-10 :1 5RUSTYPRICE 10 :15-11 :3 0Aity of Littleton

•astPresident 11 :30-12 :3 0GERALDBOOTE 12 :30- 1 :4 5

Town of Breckenridle

1 :45- 2 :002 :00- 3 :1 5

Friday, Nay 9th

8 :30- 9 :4 5

9 : 45-10 : 0010 :00-11 :0 0

11 :00-11 :4 5

11 :45- 1 :0 01 :00- 2 :1 52 :15- 2 :3 02 :30- 3 :30

Abatement of Dangerous BuildingsRalph Overbay, City of ThorntonBreakSpecial Inspectio n"Rusty" Price, City of LittletonEffective Communication With Your CouncilDave VanAllen, City of Longmon tLunchChapter Business MeetingsBrea kCode Questions and Answer sSome from Colorado - Some from Utah

Hotel Colorado Room Rate - Single or Double $45 .00/Nigh tWhen making reservations refer to Colorado Chapter of I .C .B .O .For reservations call - Hotel Colorado (303)945-6511 ..

Page 18: VOL.5 NO.1 (0 1985 Building Standards Part IV. The November-December Part IV contains all of the suggested revisions to the 1985 Uniform Codes to be considered in 1986 . Those items

S

COLORADO CHAPTE R

NEWS2255 West Berry AvenueLittleton, Colorado 8016 5

Eroornfi1d, City4*é 3arden Cent rErocDm-F i I J , Coi o .

0-f

S


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