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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/15/2022 - ITEMS RELATED TO THE ADOPTION OF THE 2021 INTERNATAgenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY February 15, 2022 City Council STAFF Kirk Longstein, Project Manager Russ Hovland, Chief Building Official Aaron Guin, Legal SUBJECT Items Related to the Adoption of the 2021 International Building Codes, the Colorado Plumbing Code, and Local Amendments. EXECUTIVE SUMMARY A.First Reading of Ordinance No. 021, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Building Code and Adopting the 2021 International Building Code, with Amendments. B.First Reading of Ordinance No. 022, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Energy Conservation Code and Adopting the 2021 International Energy Conservation Code, with Amendments. C.First Reading of Ordinance No. 023, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Residential Code and Adopting the 2021 International Residential Code, with Amendments. D.First Reading of Ordinance No. 024, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Existing Building Code and Adopting the 2021 International Existing Building Code, with Amendments. E.First Reading of Ordinance No. 025, 2022, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Swimming Pool and Spa Code and Adopting the 2021 International Swimming Pool and Spa Code, with Amendments. F.First Reading of Ordinance No. 026, 2022, Amending Chapter 5, Article II, Division 3 of the Code of the City of Fort Collins for the Purpose of Repealing the 2006 International Property Maintenance Code and Adopting the 2021 International Property Maintenance Code, with Amendments. G.First Reading of Ordinance No. 027, 2022, Amending Chapter 5, Article IV of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Mechanical Code and Adopting the 2021 International Mechanical Code, with Amendments. H.First Reading of Ordinance No. 028, 2022, Amending Chapter 5, Article IV of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fuel Gas Code and Adopting the 2021 International Fuel Gas Code, with Amendments. I.First Reading of Ordinance No. 029, 2022, Amending Chapter 5, Article V, Division 1 of the Code of the City of Fort Collins for the Purpose of Amending the Colorado Plumbing Code. The purpose of these items is to adopt the most up-to-date, comprehensive, and fully integrated body of building codes, collectively referred to as the “2021 I-Codes,” regulating building construction to safeguard the public health, safety, and general welfare by regulating structural strength and stability, sanitation, light and ventilation, energy conservation, and property protection from hazards attributed to the built environment within the City of Fort Collins. Agenda Item 24 Item # 24 Page 2 The 2021 I-Codes will replace the 2018 editions which were adopted on January 12, 2019. These codes are reviewed and voted on by code officials and construction industry professionals from across the country and published every three years under the oversight of the International Code Council (ICC). These core 2021 I- Codes represent the latest construction publications from the ICC. STAFF RECOMMENDATIONS Staff recommends adoption of the Ordinances on First Reading. BACKGROUND/DISCUSSION Changes in the 2021 I-Codes and local amendments address sound building science practices that promote efficient and cost-effective public infrastructure and services and support the dev elopment of livable and sustainable communities in the future. Building codes represent a partnership that advances community plans and policy goals within our built environment. Key changes in the 2021 I-codes and local amendments include: • Energy code changes such as improved insulation R-values and window U-values, increased equipment, and lighting • Adoption of solar ready code appendix for commercial and residential • Radon testing • Changes to residential plumbing design and increased efficiency for water fixtures (see November 9, 2021, work session at www.fcgov.com/cityclerk/agendas) and Water Efficiency Code Updates (Attachment 2) • Electric Vehicle (EV) charging infrastructure • Removal of current local amendments that have been incorporated into the 2021 I-codes as written • No change to the amendment excluding fire sprinkler systems in new detached houses The recommended Code package with local amendments aligns with Citywide policies incl uding the City Plan, Our Climate Future plan, the Housing Strategic Plan, and the Water Efficiency Plan: • City Plan (2019) includes a focus on promoting sustainable development practices and policies which seek to reduce net energy and water use in new and existing development. • The Our Climate Future (OCF, 2021) plan includes Big and Next Moves spanning energy, housing, and resilience (Efficient, Emissions Free Buildings; 100% Renewable Electricity; Healthy Affordable Housing). OCF also includes specific guidance for adoption of the latest building codes and direction for developing energy performance paths to zero carbon building by 2030 and the strategy to update codes to address existing and new developments’ indoor and outdoor water efficiency. • The Housing Strategic Plan (2021) includes a vision that “Everyone has healthy, stable housing they can afford,” and includes specific strategies which promote visitability and connect to health and affordability with OCF. • The Water Efficiency Plan (2015) includes a goal of reducing use to 130 gallons per capita per day by 2030. One of the five strategic focus areas is to encourage greater integration of water efficiency into land use planning and building codes. • Electric Vehicle Readiness Roadmap (2018) establishes a vision, goals, and clearly defined roles for City of Fort Collins Departments, the private sector, and the Fort Collins community inform policies to increase EV charging infrastructure. Agenda Item 24 Item # 24 Page 3 Cost implications associated with adoption of the 2021 I-Codes and local amendments were addressed in the November 9, 2021, Work Session Item submitted by Staff, particularly with regard to impact on construction costs [pp. 5-6; Attachment 2; Attachment 7 (slides) p. 7, 15-16, 38], costs to consumers and utility rate payers [Attachment 7 (slides) p. 8, 39], and impacts on commercial real estate [Attachment 7 (slides) p. 40]. Additionally, and as requested by Councilmember comments, staff have researched options to include gender neutral bathrooms within the 2021 building code update. The current iteration of the International Building Code presents the option for the creation of new gender-neutral restrooms. Staff will provide additional information regarding potential mandatory creation of gender-neutral restrooms in a follow-up memo to be submitted prior to first reading. Follow up from the November 9, 2021, City Council work session • Councilmembers asked several questions related to electric vehicle (EV) charging infrastructure building codes, seeking clarification on how Staff’s proposal would account for an abundance of underutilized EV charging infrastructure. Concerns related to the abundance of underutilized EV charging infrastructure was primarily expressed by local affordable housing providers building large multifamily complexes, not single-family homes. A recent parking study from the City and County of Denver [https://shopworksarc.com/wp - content/uploads/2021/02/2021_Parking_Study.pdf] illustrates its concern with data, showing that 50% of parking in affordable housing go unused. The City Land Use Code sets parking requirements including a transit-oriented development overlay and Demand Management Strategies which seek to incentivize alternative infrastructure (e.g., buses and bikes). The EV infrastructure Charging Building Code is determined by the requirements set by the Land Use Code’s parking requirements. Our Climate Future and City Plan cite a future walkable city with increased density, mass transit, and less vehicle miles traveled. If residents in below-market-rate housing do not own a car or are considering the purchase of a new car, City policy seeks to incentivize residents to choose alternative transportation options, first. If residents choose to buy a vehicle, City policy further seeks to incentivize EV options. While the cost to buy a personal EV becomes attainable for a larger group of individuals, range anxiety and lack of access to EV charging infrastructure remain a barrier for consumers considering an EV. Staff’s Code proposal seeks to address this ongoing concern of would-be EV consumers. • Councilmembers shared interest in the alignment with City plans and policy and seek further clarification on how building code adoption aligns with triple bottom line community benefits. The City has ambitious climate action goals to be carbon neutral by 2050. Our Climate Future plan also is committed to zero-carbon building in new construction by 2030. As a part of these plans and policies, the City has committed to the transition fro m fossil fuel to renewable-energy systems and transition electricity sources, and from use of natural gas in buildings and petroleum for transportation to renewably supplied electricity. Without the adoption of updated building codes and local amendments, the City will be unable to meet its climate goals, and the cost of inaction could be more costly for residents in the future. • • Councilmembers expressed interest in technical building science best practices and further understanding of how building codes address the future community building stock while avoiding retrofit costs. Staff recommendations to adopt the 2021 building codes and local amendments reflect changes to the City’s building stock and several additional benefits for the City’s future residents. The building industry has realized it is much more expensive to retrofit homes than to build them correctly in the first place. Current building codes and amendments allow for “future proofing” of buildings to avoid expensive retrofit costs years later and are better adapted to a changing climate and a future of clean energy. The proposed building codes lay the groundwork for a future of renewable energy generation and improved water efficiency compared to other communities. Electric readiness for e quipment fuel switching and electric vehicle and solar ready provisions prepare the community for a cleaner, all-electric future. Local Agenda Item 24 Item # 24 Page 4 amendments addressing visitability also provide no- to low-cost solutions at the design stage for enhancing equity and allow for aging in place, which otherwise would be much more expensive to retrofit. • Councilmembers expressed interest in the International Energy Conservation Code (IECC) alternative compliance verification pathways and a better understanding of how thes e alternative pathways achieve the desired enforcement outcomes. Within both the commercial and residential sections of the IECC there are four established paths to meeting energy code compliance. The first is the “Prescriptive” path, establishing certain mandatory requirements for construction of new buildings. The other three paths follow a performance and/or energy scoring approach. These paths require modeling of the projected building within established software applications to verify that the building, once constructed, will not exceed the annual energy use of a building baseline established within the code. These paths cannot be less conforming to energy code than the Prescriptive path, and they allow builders the flexibility to choose building detai ls that best suit the building being constructed. Over half of all projects constructed within Fort Collins follow one of the performance paths to demonstrate compliance. Analysis of utility data across buildings constructed within the recent code cycle demonstrates that buildings constructed under these performance paths have lower overall annual energy use. • Councilmembers requested specific data related to building permit trends starting before the COVID pandemic up to current market conditions. Councilmembers suggested that staff consider alternative metrics to evaluate if or how building codes are impacting developers' willingness to build in Fort Collins. Recently, Fort Collins has seen a shift in building single-family homes to multi-family homes, as shown in the below chart representing Fort Collins building permit classifications from 2000 to 2021. There are fewer large parcels of land for development in Fort Collins in comparison to some of our surrounding communities. With adoption of the City Plan, there was an estimation of an additional 25,000+ housing units available for development. Also considering Colorado State University’s growth, the Fort Collins market tends to favor multi-family development over single-family development within the City’s growth management area. While the COVID pandemic impacted Fort Collins building, the City experienced a strong rebound in permits in 2021. CITY FINANCIAL IMPACTS Alterations to, or new construction of, City-owned properties must comply with the provisions of the 2021 I- Codes. The scope of work for individual projects will determine the financial impact to the City. In general, however, there are no Citywide financial impacts anticipated with the adoption of the 2021 I-Codes. Agenda Item 24 Item # 24 Page 5 BOARD / COMMISSION AND PUBLIC ENGAGEMENT Presentations to City Boards and Commissions and other community groups: City Boards and Commissions Building Review Commission (9/30/21) Poudre Fire Authority Board (10/5/21) Affordable Housing Board (10/7/21) Planning and Zoning Commission (10/15/21) Energy Board (10/15/21 & 1/13/2022) Natural Resource Advisory Board (10/20/21) Water Commission (10/21/21) Commission on Disability (10/21/21) External groups: Fort Collins Chamber of Commerce (9/24/21) Fort Collins Board of Realtors (10/12/21) Northern Colorado Home Builders Association (10/1/21) Affordable Housing Focus Group (12/17/2021) On December 17, 2021, per the recommendation of councilmembers, staff convened a focus group that included affordable housing providers from Care Housing, Neighbor to Neighbor, and Habitat for Humanity, to discuss the proposed local amendments related to Electric Vehicle Changing Infrastructure building codes. The group provided the following feedback themes based on Staff’s presentatio n: • General support for EV infrastructure within new construction, but oppose retrofit requirements, and prefer EV-ready over Electric Vehicle Supply Equipment (“EVSE”) because of high first year construction costs • Concern that less than 30% of Area Median Income residents do not own a car and, therefore, do not have a direct need for EV charging • Concern about underutilized EV chargers from an abundance of parking space required by the Land Use Code On January 25, 2022, staff met with the Downtown De velopment Authority (“DDA”), which provided the following feedback themes based on the presentation: • Concern about EVSE requirements because of high first year construction costs. DDA suggested that the proposed Codes align with the EV-ready requirements for affordable housing by the Colorado Housing and Finance Authority, which requires that all qualified projects include 10% EV-ready infrastructure. The currently proposed IBC requires 20% at all new multifamily developments. • Concern that an increase in first-year construction costs would reduce the competitive advantage for Low Income Housing Tax Credits, which cover up to 70% of the low-income unit costs in a project. • Request that staff modify International Building Code language so that a change i n partial occupancy does not trigger EV infrastructure retrofits. Agenda Item 24 Item # 24 Page 6 ATTACHMENTS 1. Work Session Summary, November 9, 2022 (PDF) 2. Water Efficiency Code Update (PDF) 3. Energy Board Minutes (excerpt) (PDF) 4. Energy Board Memo (PDF) 5. Powerpoint Presentation (PDF) 6. Ordinance No. 021, 2022 (PDF) 7. Ordinance No. 022, 2022 (PDF) 8. Ordinance No. 023, 2022 (PDF) 9. Ordinance No. 024, 2022 (PDF) 10. Ordinance No. 025, 2022 (PDF) 11. Ordinance No. 026, 2022 (PDF) 12. Ordinance No. 027, 2022 (PDF) 13. Ordinance No. 028, 2022 (PDF) 14. Ordinance No. 029, 2022 (PDF) Planning, Development & Transportation Services CommunityDevelopment & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com MEMORANDUM DATE: November 11, 2021 TO: Mayor and City Council THRU: Kelly DiMartino, Interim City Manager Kyle Stannert, Deputy City Manager Caryn Champine, Director of Planning, Development and Transportation Paul Sizemore, Community Development and Neighborhood Services Director FROM: Russell Hovland, Chief Building Official Brad Smith, Energy Code Specialist Kirk Longstein, Project Manager RE: November 9, 2021 Work Session Summary Building Code Adoption Process The purpose of this item was to seek Council direction on adoption of the 2021 International Codes (I-Codes) and local Code amendments that align with City plans and policies, including, but not limited to City Plan, Our Climate Future, Housing Strategic Plan, and Electric Vehicle readiness. The recommended Code package update building codes on a three-year basis. Changes in the 2021 I-Codes and local amendments address building science best practices that promote the efficient and cost-effective provisions that support the types of places want to see in the future. Mayor Arndt, Mayor Pro Tem Francis, and Councilmembers Canonico, Gutowsky, Ohlson and Peel were present. Feedback Overall: Several Councilmembers supported the proposed next step of bringing the proposed Code package to a first reading discussion in early 2022. Specific Feedback Staff need to be mindful of the impacts of increasing first year construction costs as it relates to affordable housing. Councilmembers asked several clarifying questions related to electric vehicle (EV) charging infrastructure building codes and seek further clarification on how the staff proposal accounts for an abundance of underutilized EV charging infrastructure. Councilmembers shared interest in the alignment with City plans and policy and seek further clarification on how building code adoption aligns with triple bottom line community benefits. Councilmembers expressed interest in technical building science best practices and seek to further understand how building codes address the future community building stock and ATTACHMENT 1 Planning, Development & Transportation Services CommunityDevelopment & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com avoid retrofit costs. Councilmembers expressed interest in the International Energy Conservation Code alternative compliance verification pathways and seek to understand how these alternative pathways achieve the desired enforcement outcomes. Councilmembers requested specific data related to building permit trends starting before the COVID pandemic up to current market conditions. Councilmembers suggested City staff consider alternative metrics to evaluate if or how building codes are impacting developers' willingness to build in Fort Collins. Next Steps Q4 2021 - Continued public engagement with affordable housing providers related to the EV charging infrastructure code proposal. Q1 2022 - City Council Code package and local amendment Ordinance First Readings 1 WATER EFFICIENCY – ADDITIONAL LOCAL AMENDMENT DETAILS In addition to the local amendment details provided in Attachment 3 of the November 9, 2021, Council Work Session packet (attached to the February 15 AIS as Attachment A), the following outlines updated or additional information that was not previously provided: •Product availability •Addressing wastewater concerns •Water quality •Updates on related efforts Product Availability There are numerous brands and models that meet the proposed requirements. Table 1 includes all compliant models. Since the Council Work Session, we heard concerns regarding availability of 1.1 GPF toilets. Plumbers prefer to purchase from local wholesale stores, such as the national suppliers that have locations in Fort Collins – Ferguson, Hughes, and others in northern Colorado – which mostly carry 1.28 GPF toilets and currently have limited in-store availability of 1.1 GPF or less toilets. Some of these wholesalers were contacted to get a better understanding of their supply and ability to acquire additional compliant models. Many wholesalers currently carry a predominate number of 1.28 GPF toilets. Some do offer compliant products online and have distribution centers in Denver where they may be able to acquire more compliant products for stocking Fort Collins stores. For example, a search conducted on Ferguson’s website in January 2022, resulted in about 70 models, only two were currently available in the Fort Collins store. The search resulted in eight brands, including ProFlo (48 products) and Niagara (seven products), which are lower cost options. The options also included numerous dual flush, rough in size, bowl height and shape options. TABLE 1 – Compliant Products Amendment Quantity 1.1 GPF toilet 357 models, 41 brands1 Metered faucet 1,786 models Staff contacted Niagara, the toilet manufacturer Larimer County Conservation Corps uses for their direct installation program and who makes a cost-effective product (800 MaP, 0.8 GPF, retails at Home Depot for $159) to better understand availability or if there were manufacturing challenges limiting in-store stock. Niagara confirmed that they have positive supply and can ship compliant toilets in 1-2 weeks. They expressed a desire to work with local wholesalers to better stock these products and ensure in-store availability. It’s important to note that staff does not promote certain products and any compliant model made by any brand would be acceptable. Addressing Wastewater Concerns Box Elder Sanitation and Utilities staff expressed concern regarding clogged sewer lines and blockages, primarily due to tree root intrusion, old and failing service lines, and flushing materials and items other than “the three Ps.” Lower flow rates could worsen the problem, especially in older developments, which is why this code amendment applies to new construction only . In addition, Utilities staff have developed a plan to increase the scope and reach of the existing “what not to flush” and fats, oil and grease campaigns to help minimize additional impacts, which are more likely to occur in existing developments, where high -efficiency toilet retrofits are occurring. Information about both campaigns will be shared broadly with indoor water efficiency program participants. More information can be found at fcgov.com/utilities/what-not-to-flush. Related to the concerns above, a series of studies on the drain line transport of solid waste from the Plumbing Efficiency Research Coalition (PERC) determined that there is no concern for sewer drain line carry for 1.28 GPF toilets in either commercial or residential settings. In fact, studies show that any toilet 1 The following MaP Premium list includes all compliant models manufactured: www.map- testing.com/assets/files/2021-11-16-ALL_MaP_PREMIUM-HETs.pdf. ATTACHMENT 2 Attachment B 2 above 1.0 GPF poses no risk in a commercial setting and 0.8 GPF toilets are satisfactory in residential settings.2 Water Quality Increasing water efficiency or decreasing water demands are a concern in facilities that use little water or occasionally sit vacant, as well as hospitals, where sensitive populations are served. This is due to the possible impact on water quality in premise plumbing or the contributions low water demand can have on increasing water stagnation, which decreases the chlorine residual (property that kills bacteria and other microbial growth). Numerous federally funded projects are looking at this relationship and trying to identify if lower water demands contribute to water stagnat ion and potential water quality concerns and to what degree water efficient fixtures impact this relationship verses other variables , such as building occupancy, pipe material and design, water temperature, and others. Staff contacted two scientists who are leading these studies, Dr. Patrick Gurian and Dr. Rajveer Singh, at Drexel University College of Engineering. They and their research team have developed a model that evaluates many of the variables listed above, as well as accounting for changes in toilet efficiency – from 1.28 to 1.1 GPF. Under the assumptions of the model, they looked at these two toilet efficiencies using P EX (typical pipe material we see in our area). The result indicated that at any diameter pipe, even with the 99th percentile residence time, detectable residual disinfectant would be expected to persist when toilet efficiency was increased from 1.28 to 1.1 GPF. Dr. Gurian’s summation was “usage patterns present the real issue, not water efficient toilets.” Impacts from usage patterns can be described as water that habitually stagnates (e.g., guest bathroom that is rarely used) and loses chlorine residual, w hich can happen regardless of a toilet’s efficiency rating or how much water it uses. Dr. Gurian also reviewed the plumbing compactness amendment concurrently being proposed and agreed that a more compact plumbing system would improve water stagnation issues and help reduce chlorine residual decay. Updates on Related Efforts The creation of other water efficiency codes has been identified as City Council priorities. The following codes are concurrently being researched and planned for further discussion wi th Council: • Graywater Council Priority: Staff presented information on water rights, State Regulation 86 and other communities who have graywater at a City Council work session Nov. 23, 2021. The building and plumbing codes proposed for adoption and described within this memo include graywater plumbing standards. Staff are currently working on developing a local ordinance. If a local graywater ordinance is adopted by Council, the requisite codes will be in place. • Xeriscape Council Priority (related to landscape and irrigation standards for new development): Staff have been coordinating with Forestry, Planning and Development, Natural Areas and others to develop a scope of work that would include review and development of various codes that would improve outdoor water efficiency of new developments. Currently only commercial and larger multifamily developments adhere to landscape and irrigation standards. A Council work session is planned for the third quarter of 2022 to present findings and receive Council feedback. 2 Study found here: www.plumbingefficiencyresearchcoalition.org/projects/drainline -transport-of-solid- waste-in-buildings/. PERC is a coalition of six organizations including the International Association of Plumbing & Mechanical Officials. (IAPMO), the International Code Council (ICC) and Plumbing Manufacturers International (PMI). ENERGY BOARD REGULAR MEETING: DRAFT – ABRIDGED FOR 2021 ENERGY CODE UPDATE January 13, 2022 – 5:30 pm Remote – Zoom ROLL CALL Board Members Present: Bill Becker, Jeremy Giovando, Alan Braslau, John Fassler, Steve Tenbrink, Dan Gould, Marge Moore, Sidra Aghabibian, Emilio Ramirez Board Members Absent: OTHERS PRESENT Staff Members Present: Christie Fredrickson, Adam Bromley, Cyril Vidergar, Kirk Longstein, Brian Tholl, John Phelan, Leland Keller, Brad Smith, Councilmember Tricia Canonico Members of the Public: Rick Coen, Keith Ela, TJ Loran, Mark Houdashelt, Rich Stave 2021 ENERGY CODE UPDATE Kirk Longstein, Energy Service Project Manager (attachments available upon request) Mr. Longstein explained this process began with outreach in January 2021, starting with the International Code Council releasing model ordinances. The City formed a code review committee who contributed to codes and local amendments for the community. Some of the feedback staff has received from City Council on this code package included the need to be mindful of the impacts of increasing first year construction costs as it relates to affordable housing, and consideration for how the electric vehicle (EV) charge infrastructure building codes account for an abundance of underutilized EV charging infrastructure. Council also wondered how the proposal align with City plans and policy (specifically the triple bottom line community benefits), how the building code updates address the future community building stock and avoided retrofit costs, and how does the IECC alternative compliance verification pathways achieve the desired enforcement outcomes. Additionally, what are alternative metrics to evaluate if, or how building codes are impacting developers' willingness to build in Fort Collins. Mr. Longstein advised staff is working on compiling additional information to address these concerns ahead of their presentation at Council on February 15. All nine code packages have been met with consensus support by all community groups. Local amendments include an improved building envelope, electric readiness for space and water heating, water conservation, increased fine for working without the required permit, remove required vapor retarder in walls, and EV charging infrastructure for specific building occupancy types (a percentage based on the building’s occupancy type). These amendments were not modified since staff las presented to the Energy Board in the Fall of 2021. Board member Tenbrink asked for clarification on the percentage criteria for EV charging infrastructure. Mr. Longstein advised the provision for single family homes is that the garage must be EV-ready; commercial properties are based on International Building Code occupancy type which then must allocate a certain percentage of their parking spaces to EV-Installed (level 2 charger), EV-Ready (outlet), and EV- Capable (uncharged conduit to the space). The percentage allocation is based on the number of spaces required by the land use code through the site-planning process. Board member Braslau wondered why 100% of the parking spaces shouldn’t be EV-Capable. Mr. Longstein felt this was a compromise with the development community to balance the costs of new ATTACHMENT 3 ENERGY BOARD REGULAR MEETING infrastructure. Mr. Braslau said if the concern is to avoid retrofit, this strategy does not make sense. Board member Giovando, what does solar ready mean for homeowners? Mr. Smith explained the Solar Ready appendix applies to residential and commercial, and it says builders must allow a certain square footage of roof real estate that can be used for a solar array. This must be accounted for in the home’s plan set, as well as detail a pathway from the roof or attic down to the panel (space on panel must also be accounted for). Chairperson Becker said the underutilization of EV spaces is a symptom of where we are right now as a society. For example, he is less inclined to drive his EV to the airport because if there isn’t a charger available when he arrives, he won’t be able to get home. He believes compromise is necessary, but the building community is short-sighted on this matter. Mr. Longstein said market demand for EVs is on an exponential curve, concerns around range are a real issue that the early adoption community is facing. Board member Ramirez agreed, he and his family needed to get a second vehicle and it didn’t make sense to get an EV because of the lack of charging capabilities near his home and work. Mr. Fassler said the building community will not pay for retrofits later, it’s the community at large, the inhabitants, who will have to pay for that infrastructure in the future. He believes this provision is denying an incredible leap of technology to anyone who doesn’t live in a single-family home in Fort Collins. The future is sooner than we know. Board member Braslau expressed concerns around the radon-testing requirements. Mr. Phelan said he hears the Board’s concerns, but at the same time staff has completed an enormous amount of outreach over the last year; this is the code package going to council next month. He encouraged the Board to include comments of support or non-support as the they see fit within their motion. Vice Chairperson Moore moved the Energy Board support the adoption of the Code package to update from the current 2018 codes to the 2021 I-Codes including local amendments Board Member Giovando seconded the motion. Discussion: Board member Giovando feels like there is a decoupling between the City’s climate goals and this code package. Board member Braslau added that the Board should express reservations that the codes fall short of the community’s climate action goals. Ms. Fredrickson reminded the Board they submitted a memo expressing many of these same concerns to City Council after staff’s last presentation in October 2021. Perhaps the Board can incorporate some of that language into their motion. Chairperson Becker proposed a friendly amendment to the motion to include “however, as expressed in the Energy Board’s October 27, 2021 memo to City Council, the Board feels the building code updates and EV requirements are not sufficient or in alignment with the goals of the City’s Our Climate Future Plan.” Vice Chairperson Moore accepted the amendment. Amended Motion: Vice Chairperson Moore moved the Energy Board support the adoption of the Code package to update from the current 2018 codes to the 2021 I-Codes including local amendments; however, as expressed in the Energy Board’s October 27, 2021 memo to City ENERGY BOARD REGULAR MEETING Council, the Board feels the building code updates and EV requirements are not sufficient or in alignment with the goals of the City’s Our Climate Future Plan. Board member Tenbrink seconded the motion. Vote on the motion: It passed unanimously, 9-0 Utilities – Energy Board 700 Wood St. PO Box 580 Fort Collins, CO 80522 970.221.6702 970.416.2208 - fax fcgov.com M E M O R A N D U M DATE: October 27, 2021 TO: Mayor Arndt and City Councilmembers FROM: Bill Becker, Energy Board Chairperson RE: Support for Proposed 2021 Building Code Updates The Energy Board would like to provide a letter in support of the adoption of the 2021 Building Code Updates proposed by staff at the November 9, 2021 City Council Work Session with the following additional important considerations: x Make 200 amps the minimum requirement for new homes to provide the ability to support charg- ing EVs x Increase the number of EV-ready and -capable parking spaces for multi-family developments x Provide meaningful incentives for builders and developers who go above and beyond building codes x Provide a long-range view when it comes to Affordable Housing, the increased initial building costs for housing are not solely influenced by increased building codes While the Energy Board does not believe these code updates are extraordinary, we do believe that it is a continued step in the right direction. In the future, we hope the Code Review Committee will not be as heavily influenced by representatives from the building and development community, as they have a significant self-interest in keeping the bar lower. Failing to be aggressive with efficiency and building code updates will hinder the community’s ability to reach the goals of the Our Climate Future plan. The Board also hopes that science and economics will play a greater role in updating code standards in the future. The decisions we make today will affect the next 50 years of our building stock. The Energy Board believes in the importance of adopting the best practices in the industry and sincerely appreciates all of City Staff’s hard work. Thank you for the opportunity to review and comment. Respectfully submitted on behalf of the Energy Board, __________________________ Margaret Moore, Vice Chairperson Energy Board cc: Bill Becker, Energy Board Chairperson Adam Bromley, Director of Operations & Technology Kirk Longstein, Project Manager, Energy Services              ATTACHMENT 4 2021 Building Code Update02-15-2022Marcus ColdironChief Building OfficialKirk LongsteinProject Manager Brad SmithProject Manager - Energy CodeRuss HovlandSenior Plans ExaminerATTACHMENT 5 2Staff RecommendationBackground• The International Code Council updates model building codes every three yearsto advance codes on a regular cycle. • Code's Purpose: Safeguard public health, safety, and general welfare by regulating structural strength and stability, sanitation, light and ventilation, and energy conservation• Purpose of Local Amendments Strategic alignment to Citywide plans and policies above and beyond those in the I-CodesRecommendation• Staff recommend adoption of the Code package to update from the current 2018 codes to the 2021 I-Codes including local amendments 3City Plan and Policy Alignment 42021 Building Code update – ProcessFort Collins steps to building code adoption (January 2021 – February 2022)12 Boards & CommissionsICC Code ReleaseCode Review CommitteeCity Boards and CommissionsCity Council Work SessionAffordable Housing Focus GroupDowntown Development AuthorityCity Council Regular SessionAdditional Conversations 5BenefitsCommunity-wide Benefits of a 3-year Building Code Adoption Cycle• Smaller incremental construction costs• Improves building efficiency and Utility costs• Future proofing and avoided retrofit cost• Respond to the Climate Emergency by reducing carbon emissions• Improve Indoor air quality and prepare for days above 90 degrees 6Staff RecommendationRecommendationStaff recommend adoption of the Code package to update from the current 2018 codes to the 2021 I-Codes including local amendments. Back up Slides Fort Collins Building PermitsNotes:Building permit numbers reflect national and regional market trends not building code adoption cyclesNew permit rebound in 2021 since the Governor’s 2020 COVID orders.Fort Collins buildable land area is constrained by the GMA.Fort Collins receives more permit applications for Multifamily dwelling units compared to neighboring communities. Electric Preferred vs Electric ReadyElectric-Preferred:Extra efficiency or renewable requirements for new construction with natural gas.Demonstrate extra efficiency through performance path modeling.Electric Ready:Buildings constructed with natural gas must be pre-wired for future electric systems and appliances and electric panel must provide capacity for future electric systems and appliances.vsELECTRIC HEAT.Code requires a primary heat source that is electric. If all-electric, a ground-source electric heat pump or a cold climate heat pump designed to heat at the Winter Outdoor, Design Temp is required.Building electrification. All newly constructed buildings shall be constructed as an all-electric building or a *mixed-fuel building that is pre-wired for future electric space heating, water heating, cooking and clothes drying equipment.City of Fort Collins Electric Ready proposal *mixed-fuel: natural gas and electric 10Gender-neutral restroomsOption 1 Revises the entire code section and requires all single-user restrooms be gender-neutral.Option 2 Where separate sex multi-user restrooms are provided, at least one single-user restrooms must be designated gender-neutralOption 3 ResearchSuggested Gender Neutral Bathroom – amendments to IBC Code Section 2902.2: 11Gender-neutral restroomsFloorplan examples for the Suggested Gender-Neutral Bathroom amendmentsSingle User Bathroom 12Cost of ConstructionCode section2021 I-Codes (without IECC)Construction cost increase 2018 energy code to 2021 energy code (DOE estimates)Water efficiency local amendmentsEV Installed(per parking space)EV Ready(per parking space and Single-family garage)EV Capable(per parking space)Single FamilyApprox. 2% **$5,056(Approx. 1%)Neutral- $400 -MF Residential$2,500 $1,300 $300Commercial-$0.96 / ft2I-Codes adopted every three yearsFirst year construction cost are less expensive than retrofits**for most restrictive compliance path Parking Requirements and EV Charging InfrastructureLand Use Code:Parking reduction incentives for Affordable Housing•Demand management strategy•Transit Oriented Development  14EV Charging Building Code requirements based on parking sizeEV Charging InfrastructureEVSE -installedEV - Ready EV – CapableSingle Family Residential garage‐1 ‐outlet-Commercial & Multifamily Occupancy ClassificationTier 1Residential 10% 20% 40%Tier 2Mercantile5% 15% 20%Assembly5% 15% 20%Institutional5% 15% 20%Business5% 15% 20%Educational5% 15% 20%Tier 3High hazard1% 5% 15%Storage1% 5% 15%Factory1% 5% 15%Utility and misc. group1% 5% 15% EV Charging IncentivesFederal• Infrastructure and Jobs Act• State of Colorado to receive $57M • 30% Tax credit for EV charger hardware and installation cost• Residential $1,000 max• Commercial $30,000 maxState• Grants for Commercial and Multifamily Developers including installation and maintenance• $9,000 maxLocal• Annual Group Buy program - City of Fort Collins partnership with local car dealerships & non profits• discounts up to 50% MSRP15 16EV Charging Commercial Cost ScenariosOak 140 Incremental construction costsEVSE $17,500EV Ready $18,200EV Capable $7,800State Incentive ($9,000)Federal Tax Credit (30% EVSE)($5,250)Total $29,250Hearthside HillIncremental construction costsEVSE $27,500EV Ready $31,200EV Capable $13,200State Incentive ($9,000)Federal Tax Credit (30% EVSE)($8,250)Total $54,650Avoided Retrofit cost = $161,500**Assumes federal tax credit and state incentive available at time of retrofitAvoided Retrofit cost = $270,700*First year construction cost are less expensive than retrofitsCFA tax credits require 10% EV-Ready infrastructure 17EV Charging Consumer BenefitsModel above assumes gas per gallon cost of $3.02. The more the price of gas increase, the greater the savings.https://www.consumerreports.org/hybrids‐evs/evs‐offer‐big‐savings‐over‐traditional‐gas‐powered‐cars/https://www.kbb.com/car‐news/how‐much‐does‐it‐cost‐to‐charge‐an‐ev/ Demographics – who is buying an EV in Colorado Cost to the Utilities Rate PayerAdopting energy codes result in a steady lowering of utility costs. Without remaining current on building code adoption over the last two cycles, the average household monthly utility costs would have been$20 higherEfficiency gains have been largely stagnant since 2012 energy code adoption. 20Alignment 21Historical Plumbing Code AmendmentsFixture Type201220182021Bathroom Faucet (private)1.5 GPM0.5 GPM (commercial excludes I occupancies) 1.5 GPM residentialBathroom Faucet (public, metered)0.25 GPM per cycleBathroom Faucet (public, non-metered)0.5 GPMEliminate (metered faucets required)Showerhead2.0 GPM1.8 GPM (excluding E & I occupancies)Sink Faucet1.8 GPMUrinal0.5 GPMToilet (residential)1.28 GPM & 350 MaP600 MaP1.1 GPF & min. 600 MaPToilet (commercial)1.28 GPM & 350 MaP600 MaPBar sinks (food service)2.2 GPMGPF: Gallons per flush GPM: Gallons per minute MaP: Maximum performance 22Savings EstimatesMeasure Average Household (assumes 2.5 persons)Utilities Service Area GMA1.1 GPF toiletsResidential, new construction ONLY854 gallons per year 5.1 MG per year 25.6 MG per yearMetered faucet for public restroomsN/A 25% reduction compared to non-meteredIncrease plumbing compactness1,750 gallons per year 10.5 MG per year 52.5 MG per yearWATER EFFICIENCYGPF:Gallons Per FlushMG: Million GallonsGMA:Growth Management Area (assumes 30,000 new dwelling units at build out) 23Other AnalysisMeasure Cost Product Performance Exceptions1.1 GPF toiletsResidential, new construction onlyNeutral 357 model, 41 brands*Neutral (Over 600 installed since 2019, 92% surveyed like 0.8-1.1 GPF toilet)Comm. & existing res. construction still allowed 1.28 GPFMetered faucet for public restroomsNeutral 1786 models*Neutral Residential & Private, commercialIncrease plumbing compactnessLess n/a Positive Alternatives allowedWATER EFFICIENCYGPF:Gallons Per Flush*Local availability may be constrained by supply chain issues 24Efforts Related to Council’s Priorities on Water EfficiencyCouncil PrioritiesGreywater- Work session happened on November 23, 2021- The building and plumbing codes proposed tonight include plumbing specifications that comply with Regulation 86 (CO State’s requirements for greywater)- Staff is working on a local ordinanceXeriscape- Staff is working with a consultant and coordinating with various groups across the organization to guide work on creating development standards for: - irrigation, - landscape design, - soil amendments, - tree health, and more- Work session planned for Q3 2022 25I-Codes + Local Amendment Community Feedback Council work session or adoptionConcerns…………………………….……………………………………SupportConcerns…………………………….……………………………………SupportUncertainty with Utilities capacity to meet increased EV and electric ready building loadsReduce utility billsIncreased first year construction costsHousing AffordabilityLand Use Code Parking RequirementsConcerns…………………………….……………………………………SupportConcerns…………………………….……………………………………SupportMore resilient building product, consumer choices, and avoided retrofit costs ORDINANCE NO. 021, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL BUILDING CODE AND ADOPTING THE 2021 INTERNATIONAL BUILDING CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes should be adopted and that any counterpart International codes previously adopted should be repealed, both to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety and welfare of the City and its residents that the 2021 International Building Code, be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and - 2 - WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Building Code (“IBC”) and hereby adopts 2021 IBC as amended by this Ordinance. Section 3. That Section 5-26(a) of the Code of the City of Fort Collins is hereby amended to read as follows: (a) Pursuant to the power and authority conferred on the City Council by C.R.S. Section § 31-16-202 and Article II, Section 7 of the Charter, the City Council hereby repeals the 2015 International Building Code (2015 IBC), and adopts, as the building code of the City, the City Council has adopted the 2018 2021 International Building Code (2018 2021 IBC) published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein. The subject matter of the codes adopted herein includes comprehensive provisions and standards regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures exclusive of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade and their accessory structures, for the purpose of protecting the public health, safety and general welfare. As provided in the 2018 2021 International Building Code, Appendices are not adopted except as expressly set forth in § 5-27. Section 4. That Section 5-27 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 5-27. Amendments and Deletions to the 2021 International Building Code. The 2021 International Building Code adopted in §5-26 is hereby amended to read as follows: 1. Section 101. Title is hereby amended to read as follows: - 3 - 101.1. Title. These regulations shall be known as the Building Code of the City of Fort Collins, hereinafter referred to as “this code.” 2. Sections 101.4.1 through 101.4.7 Referenced codes, are hereby deleted in their entirety and replaced with the following: [A] 101.4.1 Gas. The provisions of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. [A] 101.4.2 Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. [A] 101.4.3 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. [A] 101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. [A] 101.4.5 Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. [A] 101.4.6 Energy. The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. [A] 101.4.7 Existing buildings. The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. [A] 101.4 Referenced codes. The other codes specified in Sections 101.4.1 through 101.4.7 101.4.11 and referenced elsewhere in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference. - 4 - 101.4.1 Gas. All references to the International Fuel Gas Code shall mean the fuel gas code currently in effect as enacted by the City. 101.4.2 Mechanical. All references to the International Mechanical Code shall mean the mechanical code currently in effect as enacted by the City. 101.4.3 Plumbing. All references to the International Plumbing Code shall mean the International Plumbing Code to the extent adopted by the Colorado Plumbing Code currently in effect as enacted by the City. 101.4.4 Property Maintenance. All references to the International Property Maintenance Code shall mean the property maintenance code currently in effect as enacted by the City. 101.4.5 Fire Prevention. All references to the International Fire Code shall mean the fire code currently in effect as enacted by the City. 101.4.6 Energy. All references to the International Energy Conservation Code shall mean the energy code currently in effect as enacted by the City. 101.4.7 Existing buildings. All references to existing buildings shall be regulated pursuant to the adopted International Property Maintenance Code or the International Existing Building Code currently in effect as enacted by the City. 101.4.8 Residential. All references to the International Residential Code shall mean the residential code currently in effect as enacted by the City. 101.4.9 Areas prone to flooding. All references to “flood hazard” and “areas prone to flooding” in this code and appendices adopted therewith subject to applicable regulations and requirements set forth in the City Code, “Chapter 10, Flood Prevention and Protection.” 101.4.10 Electrical. All references to the City of Fort Collins Electrical Code shall mean the National Electrical Code currently in effect as enacted by the City. 101.4.11 Pool and Spa. All references to the Pool and Spa Code shall mean the International Swimming Pool and Spa Code currently in effect as enacted by the City. 3. Section 103 CODE COMPLIANCE AGENCY is hereby deleted in its entirety and replaced with the following: SECTION 103 CODE COMPLIANCE AGENCY [A] 103.1 Creation of enforcement agency. The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. - 5 - [A] 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the building official. SECTION 103 CODE ADMINISTRATION COMPLIANCE AGENCY 103.1 Entity charged with code administration. The Community Development and Neighborhood Services Department (CDNS) is charged with the administration and enforcement of this code. The building official, appointed by the City Manager, is charged with the direct overall administration and enforcement of this code and, in the performance of said duties, may delegate the necessary authority to the appropriate technical, administrative, and compliance staff under the supervision the building official. 4. Section 105.2 Work exempt from permit, Building, is hereby amended to read as follows; however, the subsections for Electrical, Gas, Mechanical and Plumbing are retained in their entirety: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story, detached, accessory structures used as tool and storage sheds, playhouses and similar uses, for lawn and garden equipment storage, tool storage and similar uses, including arbors, pergolas, and similar structures, provided that the floor area is not greater than 120 square feet (11 m2) nor greater than 8 feet (2.438 m) in height measured from grade, the structures do not house flammable liquids in quantities exceeding 10 gallons (38 L) per building, and the structures are located at least 3 feet (0.914 m) from an adjoining property line. 2. Fences not over 7 feet (2134 mm) 6 feet (1829 mm) high. 3 Oil derricks 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing low side grade to the top of the wall, unless supporting a surcharge or impounding Class I, II and IIIA liquids provided the horizontal distance to the next uphill retaining wall shall be at least equal to the total height of the lower retaining wall. - 6 - 5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Hoop houses constructed with a flexible frame such as PVC tubing used for starting plants. 11. Swings and other playground equipment or play structures accessory to detached one- and two-family dwellings provided that the floor area is not greater than 120 square feet (11.15 m2) nor greater than 8 feet (2.438 m) in height measured from grade, including no more than one elevated playhouse or play structure per lot designed, and said equipment or structure is used exclusively for play. Elevated play houses or play structures shall not exceed 64 square feet (5.9 m2) of floor area nor 6 feet (1.82 m) in height as measured from the floor to the highest point of such structure. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. Storm windows, storm doors, and rain gutter installation except that, for structures fifty years of age or older, historic review pursuant to Chapter 14 of the City Code first must be completed. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. Decks not exceeding 200 square feet (18.58 m2) in area that are not more than 30 inches (762 mm) above grade, are not attached to a building, and do not serve an exit door required by Chapter 10. 15. Roofing repair or replacement work not exceeding one square (100 square feet) of covering per building. - 7 - 16. Replacement of nonstructural siding that is not part of a fire-rated assembly when the removal of siding is performed in accordance with State laws regarding asbestos and lead paint except that, for structures fifty years of age or older, historic review pursuant to Chapter 14 of the City Code first must be completed. 5. A new Section 105.2.1.1 Emergency disaster no-fee permit is hereby added to read as follows: 105.2.1.1 Emergency disaster no-fee permit. When the building official determines there is an emergency/disaster event that has caused substantial damage to structures within the City, the building official can issue a no-fee permit to make temporary repairs to a structure to address damages caused by the emergency/disaster event to make the structure safe and/or allow occupancy. A temporary permit will expire after 180 days, at which time a regular building permit will need to be obtained to otherwise bring the structure into compliance with this code. The building official can extend a temporary permit under this section for good cause. 6. Section 105.3.2 Time limitation of application is hereby amended to read as follows: 105.3.2 Time limitation of application An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Applications that have expired for 30 days or more may be considered void. 7. Section 105.5 Expiration is hereby amended to read as follows: 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Both prior to and subsequent to the effective date of this code, any work authorized by a permit regulated by this code or any other building construction code administered by the building official that involves the construction or alteration of an exterior building component, assembly or finish material, such as the foundation, wall and roof framing, sheathing, siding, fenestration, and roof covering, shall be fully finished for permanent outdoor exposure within 24 months of the date of the issuance of such permit. 8. A new Section 105.8 Transfer of permits is hereby added to read as follows: - 8 - 105.8 Transfer of permits. A current valid building permit may be transferred from one party to another upon written application to the building official with consent of both parties. When any changes are made to the original plans and specifications that substantially differ from the plans submitted with the permit, as determined by the building official, a new plan review fee shall be paid as calculated in accordance with Section 109. A fee of $50 shall be paid to cover administrative costs for all building permit transfers. No change shall be made to the expiration date of the original permit. 9. SECTION 106 FLOOR AND ROOF DESIGN LOADS is hereby deleted in its entirety. 10. Section 107.3.1 Approval of construction documents is hereby amended to read as follows: 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp indicating the approved permit number as “Reviewed for Code Compliance”. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 11. SECTION 109 FEES is hereby deleted in its entirety and replaced with the following: SECTION 109 FEES [A] 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. [A] 109.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. [A] 109.3 Permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall reflect the total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. [A] 109.4 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. [A] 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized - 9 - by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [A] 109.6 Refunds. The building official is authorized to establish a refund policy. 109.1 Payment of fees. No permit shall be valid until applicable fees prescribed by Chapter 7.5 of the City Code have been paid, except for emergency permits issued pursuant to Section 105.2.1. 109.2 Work commencing before permit issuance. In addition to the penalties set forth in Section 114.4, any person or firm who, before obtaining the necessary permit(s), commences any construction of, or work on, a building, structure, electrical, gas, mechanical or plumbing system that is not otherwise exempt from obtaining a permit, may be subject to a stop work order and a work without a permit fee in addition to the required permit fee as established by the building official. 12. Section 111.2 Certificate issued is hereby amended to read as follows: 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department CDNS, the building official shall issue a certificate of occupancy that may contain contains the following: 1. The permit number. 2. The address of the structure. 3. The name and address of the owner or the owner’s authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. Where an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 13. SECTION 113 MEANS OF APPEALS is hereby deleted in its entirety and replaced with the following: SECTION 113 MEANS OF APPEALS [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its - 10 - business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. [A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. [A] 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. [A] 113.4 Administration. The building official shall take immediate action in accordance with the decision of the board. SECTION 113 MEANS OF APPEALS 113.1 General. The Building Review Commission (hereafter “Commission”) established in § 2-173 of the City Code is hereby empowered in accordance with the procedures set forth in this Section and as authorized under § 2-172 of the City Code to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code; to determine the suitability of alternative materials or alternative methods of construction; and to grant permit extensions and reinstatements as prescribed by Section 105.5. The building official shall serve as the Secretary of the Commission. The Commission shall adopt rules of procedure in accordance with § 2-172 of the City Code for conducting its business and shall render all decisions and findings in writing. 113.2 Applications/Hearings. When a building permit applicant or a holder of a building permit desires relief from any decision of the building official related to the enforcement of this code, except as is otherwise limited in Section 113.4, such building permit applicant, building permit holder, or representative thereof may appeal the decision of the building official to the Commission, stating that such decision by the building official was based on an erroneous interpretation of the building regulations or that an alternative design, alternative materials and/or the alternative methods of construction proposed by the appellant are equivalent to those prescribed by this code, considering structural strength, effectiveness, fire resistance, durability, safety and any other pertinent factors. The Commission shall hear and decide all appeals made to it and shall have the authority to rule in favor of the appellant when the Commission determines that the interpretation of the building regulations of the City by the building official was erroneous, or when the Commission determines an alternative design, alternative materials and/or the alternative methods proposed by the appellant are equivalent to those prescribed by this code, considering structural strength, effectiveness, fire resistance, durability, safety and any other pertinent factors. The Commission shall require that sufficient evidence be submitted to substantiate any claims made regarding - 11 - the proposed alternative design, alternative materials and/or alternative methods of construction. 113.3 Fees and Notification. Persons desiring to appeal to the Commission any decision of the building official as provided in this Section shall, file a request on the form promulgated by the building official and pay the applicable fee at the time of filing. Written notice of hearings shall be given to the Appellant and, with respect to appeals concerning accessibility under Chapter 11 of this code, to the City staff liaison for the Disability Advisory Board, at least four days prior to the hearing by delivering the same to such party's last known email address. 113.4 Limitations. The Building Review Commission shall have no authority with respect to any of the following functions: 1. The administration of this code except as expressly provided otherwise; 2. Waiving requirements of this code, except as provided in this Section; 3. Modifying the applicable provisions of, or granting variances to, this code, or approving the use of alternative designs, alternative materials and/or alternative methods of construction except as provided for in this Section and based upon a specific appeal from a determination or decision of the building official on an individual case basis; and 4. Modifying, interpreting, or ruling on the applicability or intent of the zoning and land use regulations or other laws of the City except as expressly empowered otherwise. 14. Section 114.4 Violation Penalties is hereby amended to read as follows: 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. commits a civil infraction and is subject to the provisions contained in § 1-15(f) of the City Code. Each day that a violation continues shall be deemed a separate offense. 15. SECTION 202 DEFINITIONS is hereby amended to modify, or add, in alphabetical order, the following definitions: SECTION 202 DEFINITIONS COMMISSIONING. A process to verify and document that the selected building and systems have been designed, installed, and function in accordance with the construction documents, manufacturers’ specifications, and minimum code requirements. DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. - 12 - DWELLING. A building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi- family dwellings. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation DWELLING UNIT. One or more rooms and a single kitchen and at least one bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping purposes shall be prima facie evidence that such space or room is a sleeping room. The presence of closets or similar storage facilities shall not be considered relevant factors in determining whether or not a room is a sleeping room. TOWNHOUSE. A single-family dwelling unit constructed in a as part of a group of three two or more attached individual dwelling units units, in which each unit extends from the foundation to roof and with open space on at least two sides. each of which is separated from the other from the foundation to the roof and is located entirely on a separately recorded and platted parcel of land (site) bounded by property lines, which parcel is deeded exclusively for such single-family dwelling. VOLATILE ORGANIC COMPOUND (VOC): Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. VOCs include a variety of chemicals, some of which may have short-and long-term adverse health effects emitted as gases from certain solids or liquids. 16. Section 310.4.1 Care facilities within a dwelling is hereby amended to read as follows: 310.4.1 Care facilities within a dwelling. Except as in provided in C.R.S. § 26-6- 104.5 (concerning family child care homes), Ccare facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Codeprovided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code. - 13 - 17. 310.4.2 Lodging houses is hereby amended to read as follows: 310.4.2 Lodging houses. Owner-occupied lodging houses with five or fewer guest rooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the International Residential Code, provided that an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code. 18. A new Section 502.2 Premises identification during construction is hereby added to read as follows: 502.2 Premises identification during construction. The approved permit number and street address shall be displayed and be plainly visible and legible from the public street or road fronting the property on which any building is being constructed or remodeled. 19. A new Section 503.1.2.1 Common ownership is hereby added to read as follows: 503.1.2.1 Common ownership. The fire separation distance and exterior wall/opening protection requirements of sections 705.5 and 705.8 do not apply for a structure built and located on or across a property line, provided that the property on both sides of the property line is held in common ownership and will remain so for the duration that said building is located across that property line. All other code requirements and fire separation distances to other property lines and assumed property lines set forth in section 705.3 shall apply. 20. CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS is hereby deleted in its entirety and replaced with the following: CHAPTER 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS. All Fire Protection and Life Safety Systems regulated by this chapter shall comply with the applicable provisions of the current International Fire Code as adopted by the City. 21. Section 1010.1.4 Floor elevation is hereby amended to read as follows: 1010.1.4 Floor elevation. There shall be a floor or landing on each side of a door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent slope). All exterior steps, slabs, walks, decks and patios serving as exterior door landings or exterior stairs shall be adequately and permanently secured in place by approved methods to prevent such landings or stairs from being undermined or subject to significant displacement due to improper placement of supporting backfill or due to inadequate anchoring methods. - 14 - Exceptions: 1. At doors serving individual dwelling units or sleeping units in Groups R-2 and R-3 : a door is permitted to open at the top step of an interior flight of stairs, provided that the door does not swing over the top step. 2. At exterior doors serving Groups F, H, R-2 and S and where such doors are not part of an accessible route, the landing at an exterior door shall not be more than 7 inches (178 mm) below the landing on the egress side of the door, provided that the door, other than an exterior storm or screen door, does not swing over the landing. 3. At exterior doors serving Group U and individual dwelling units and sleeping units in Groups R-2 and R-3, and where such units are not required to be Accessible units, Type A units or Type B units, the landing at an exterior doorway shall be not more than 73/4 inches (197 mm) below the landing on the egress side of the door. Such doors, including storm or screen doors, shall be permitted to swing over either landing. 4. Variations in elevation due to differences in finish materials, but not more than 1/2 inch (12.7 mm). 5. Exterior decks, patios or balconies that are part of Type B dwelling units or sleeping units, that have impervious surfaces and that are not more than 4 inches (102 mm) below the finished floor level of the adjacent interior space of the dwelling unit or sleeping unit. 6. Doors serving equipment spaces not required to be accessible in accordance with Section 1103.2.9 and serving an occupant load of five or less shall be permitted to have a landing on one side to be not more than 7 inches (178 mm) above or below the landing on the egress side of the door. 7. Exterior doors serving individual dwelling units, other than the main entrance door to a dwelling unit, may open at one intervening exterior step that is equally spaced between the interior floor level above and exterior landing below, provided that the step has a minimum tread depth of 12 inches, a maximum riser height of 7 ¾ inches (19.68cm), and a minimum width equal to the door width, and further provided that the door does not swing over the step. 22. Section 1011.11 Handrails is hereby amended to read as follows: 1011.11 Handrails. Flights of stairways of more than 1 riser shall have handrails on each side and shall comply with Section 1014. Where glass is used to provide the handrail, the handrail shall also comply with Section 2407. Exceptions: 1. Flights of stairways within dwelling units and flights of spiral stairways are permitted to have a handrail on one side only. - 15 - 2. Decks, patios and walkways that have a single change in elevation where the landing depth on each side of the change of elevation is greater than what is required for a landing do not require handrails. 3. In Group R-3 occupancies, a change in elevation consisting of a single riser at an entrance or egress door does not require handrails. 4. Changes in room elevations of three or fewer risers within dwelling units and sleeping units in Groups R-2 and R-3 do not require handrails. 5. Where a platform lift is in a stationary position and the floor of the platform lift serves as the upper landing of a stairway, handrails shall not be required on the stairway, provided that all of the following criteria are met: 5.1. The stairway contains not more than two risers. 5.2. A handhold, positioned horizontally or vertically, is located on one side of the stairway adjacent to the top landing. 5.3. The handhold is located not less than 34 inches (864 mm) and not more than 42 inches (1067 mm) above the bottom landing of the stairway. 5.4. The handhold gripping surface complies with Section 1014.3, and is not less than 4.5 inches (114 mm) in length. 23. Section 1015.8 Window openings is hereby amended to read as follows: 1015.8 Window openings. Windows in Group R-2 and R-3 buildings including dwelling units, where the bottom of the clear opening of an operable window opening is located less than 36 inches (914 mm) 24 inches (610 mm) above the finished floor and more than 72 inches (1829 mm) above the finished grade or other surface below on the exterior of the building, shall comply with one of the following: 1. Operable windows where the top of the sill of the opening is located more than 75 feet (22 860 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F2006. 2. Operable windows where the openings will not allow a 4-inch-diameter (102 mm) sphere to pass through the opening when the window is in its largest opened position. 3. Operable windows where the openings are provided with window fall prevention devices that comply with ASTM F2090. 4. Operable windows that are provided with window opening control devices that comply with Section 1015.8.1. 24. A new Section 1015.9 Below grade openings is hereby added to read as follows: 1015.9 Below grade openings. All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches from the nearest intended walking surface and deeper than 30 inches below the surrounding ground level shall have guards or approved covers for fall protection. - 16 - 25. Section 1031.2 Where required is hereby retained in its entirety with the following amendments to Exceptions 1 and 5: . . . Exceptions: 1. Basements with a ceiling height of less than 80 inches (2032 mm) 72 inches (1828.8 mm) and do not contain habitable space shall not be required to have emergency escape and rescue openings. . . . 5. Within individual dwelling and sleeping unites in Groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1 of the current International Fire Code as adopted by the City, 903.3.1.2 or 903.3.1.3 sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 5.1 One means of egress and one emergency escape and rescue opening. 5.2. Two means of egress. 26. A new Section 1031.3.4 Minimum height from floor is hereby added to read as follows: 1031.3.4 Minimum height from floor. Emergency escape and rescue window openings that are located more than 72 inches (1829 mm) above the finished grade shall have a sill height of not less than 24 inches (609 mm) measured from the finished interior side floor. 27. Section 1031.5.3 Drainage is hereby amended to add Exception 2 to read as follows: 1031.5.3 Drainage. Area wells shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section 1805. Exception: 1. A drainage system for area wells is not required where the foundation is on well-drained soil or sand-gravel mixture soils in accordance with the United Soil Classification System, Group I Soils, in accordance with Section 1803.5.1. 2. A drainage system is not required for new window wells on additions to existing dwellings where no foundation drainage system exists. 28. Section 1102.1 Design is hereby amended to read as follows: - 17 - 1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the most recently published edition of ICC A117.1 as referenced by the building official. 29. Section 1103.1 Where required is hereby amended to read as follows: 1103.1 Where required. Sites, buildings, structures, facilities, elements and spaces, temporary or permanent, shall be accessible to individuals with disabilities. When the Building Review Commission considers granting exceptions or variances either to this chapter pursuant to Section 113 of this code or to C.R.S. § 9-5-103, it shall require the applicant requesting the exception or variance to demonstrate that the application of a particular standard or specification relating to access for persons with disabilities would impose an extraordinary hardship on the subject property. For the purposes of this Section, an extraordinary hardship shall mean a substantial and unusual hardship that is the direct result of unique physical site conditions such as terrain, topography or geology, or that is the direct result of other unique or special conditions encountered on the subject property, but that are not typically encountered elsewhere in the City. Constraints, complications or difficulties that may arise by complying with this chapter and/or with the statutory standards for accessibility but that do not constitute an extraordinary hardship shall not serve to justify the granting of an exception or variance. The granting of a variance under this Section does not relieve the applicant from its obligations under the Americans with Disabilities Act, or any other applicable law or regulation that addresses accessibility. 30. Section 1107.2 Electrical vehicle charging stations is hereby amended to read as follows: 1107.2 Electrical vehicle charging stations. Electrical vehicle charging stations shall comply with Sections 1107.2.1 and 1107.2.2. Exception: Electrical vehicle charging stations provided to serve Group R-2, R-3 and R-4 occupancies are not required to comply with this section. 31. Section 1107.2.1 Number of accessible vehicle spaces is hereby amended to read as follows: Section 1107.2.1 Number of accessible vehicle spaces. Not less than 5 percent of vehicle spaces on the site served by electrical vehicle charging systems, but not fewer than one for each type of electric vehicle charging system, shall be accessible. 32. Section 1108.2 Design is hereby amended to read as follows: 1108.2 Design. Dwelling units and sleeping units that are required to be Accessible units, Type A units and Type B units shall comply with the applicable portions of Chapter 11 of ICC A117.1. Units required to be Type A units are permitted to be - 18 - designed and constructed as Accessible units. Units required to be Type B units are permitted to be designed and constructed as Accessible units or as Type A units. When any building or buildings, classified as Group R, Division 1 or Group R, Division 2 Occupancy, are constructed as a single building project (or any phase thereof) on any one site, and such building project (or phase) contains one or more accessible dwelling units as required by this chapter or Colorado law, said building project (or phase) shall be constructed such that all required accessible dwelling units in such building project (or phase) provide the same functional features as are provided in the non-accessible units in such building project (or phase). Furthermore, all such functional features except dwelling unit bedroom-types shall be provided in the same proportion as in the non-accessible units. Not less than 50 percent of the required accessible dwelling units shall be constructed with the distribution of accessible dwelling unit bedroom-types being proportionally the same as the distribution of non-accessible dwelling unit bedroom-types, provided that at least one of each dwelling unit bedroom-type constructed in the building project (or phase) shall be an accessible dwelling unit. For purposes of this Section the following definitions shall apply: Dwelling unit bedroom-type shall mean the number of bedrooms within the dwelling unit. Functional feature shall mean a closet, garage, carport, patio, deck, additional room (such as a bedroom, bathroom, den, storeroom, laundry or similar room) or any other significant feature built at the time of original construction that offers occupants improved convenience or comfort. Aesthetic or decorative features such as colors, architectural design elements, trim and finish materials, decorative heating appliances not providing the primary comfort heat source, lighting fixture style, cabinet and hardware style, plumbing fixture style, the type and location of windows and glazed lights, or any similar miscellaneous features shall not be construed as functional features. 33. Table 1108.6.1.1 ACCESSIBLE DWELLING UNITS AND SLEEPING UNITS is hereby amended to read as follows: TABLE 1108.6.1.1 ACCESSIBLE DWELLING UNITS AND SLEEPING UNITS TOTAL NUMBER OF UNITS PROVIDED MINIMUM REQUIRED NUMBER OF ACCESSIBLE UNITS WITHOUT ROLL-IN SHOWERS MINIMUM REQUIRED NUMBER OF ACCESSIBLE UNITS WITH ROLL-IN SHOWERSa TOTAL NUMBER OF REQUIRED ACCESSIBLE UNITS 1 to 25 1 0 1 26 to 50 21 01 2 51 to 75 32 12 4 76 to 100 43 12 5 101 to 150 5 2 7 151 to 200 6 2 8 201 to 300 7 3 10 301 to 400 8 4 12 401 to 500 9 4 13 501 to 1000 2% of total 1% of total 3% of total - 19 - Over 1000 20, plus 1 for each 100, or fraction thereof, over 1000 10, plus 1 for each 100, or fraction thereof, over 1000 30, plus 1 for each 100, or fraction thereof, over 1000 aRequired roll-in showers shall be a minimum of 36 inches (91 cm) by 60 inches (152 cm) interior dimension. 34. A new Section 1108.6.2.1.1 R-2 accessible roll-in showers is added to read as follows: 1108.6.2.1.1 R-2 accessible roll-in showers. All roll-in showers provided in R-2 accessible, Type A, or Type B units, shall provide a minimum interior dimension of 36 inches (91 cm) by 60 inches (152 cm). 35. A new Section 1403.9.1 Vinyl siding quality control is hereby added to read as follows: 1403.9.1 Vinyl siding quality control. Vinyl siding shall be certified and labeled as conforming to the requirements of ASTM D 3679 by an approved quality control agency. 36. A new Section 1403.9.2 Vinyl siding on new buildings is hereby added to read as follows: 1403.9.2 Vinyl siding on new buildings. Vinyl sidings on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. 37. A new Section 1403.12.1 Polypropylene siding on new buildings is hereby added to read as follows: 1403.12.1 Polypropylene siding on new buildings. Polypropylene siding on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. 38. Section 1502.1 General is hereby amended to read as follows: 1502.1 General. All buildings shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface at least 5 feet (1524 mm) from foundation walls or to an approved drainage system. Design and installation of roof drainage systems shall comply with this Section, Section 1611 of this code and Chapter 11 of the International Plumbing Code. 39. A new Section 1504.8.1 Impact resistance of asphalt shingles is added to read as follows: 1504.8.1 Impact resistance of asphalt shingles. Asphalt shingles shall be Class 4 impact resistant, comply with UL 2218 and installed in accordance with the manufacturer’s installation instructions. - 20 - Exceptions: 1. When existing asphalt shingles are less than Class 4 impact resistant, and the owner wishes to replace the existing asphalt shingles with tiles of a similar color or tile, and there are no Class 4 impact resistance shingles available that are similar color or style of the existing asphalt shingles, the building official may approve alternate materials that are less than Class 4 impact resistant; however, the building official will impose the highest class of impact resistance that are available that match the color or style of the existing asphalt shingles. If no impact resistant materials are available, the building official may approve non-impact resistant materials if the alternate materials meet all other applicable requirements of this Code. 2. When the owner is repairing or adding to existing asphalt singles that are less than Class 4 impact resistant, the owner may use the same or similar materials as the current existing asphalt shingles, even if that same or similar material is not impact resistant. 40. Section 1505.1 General is hereby deleted in its entirety and replaced with the following: [BF] 1505.1 General. Roof assemblies shall be divided into the classes defined in this section. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire- retardant-treated wood roof coverings shall be tested in accordance with ASTM D2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. 1505.1 New Construction. The roof assemblies classification on any new structure regulated by this code shall be Class A. Exceptions: 1. Noncombustible roof coverings as defined in Section 1507.3, 1507.4, 1507.5 may be applied in accordance with the manufacturer's specifications in place of a fire-retardant roofing assembly. 2. Any Class B or Class C roof coverings may be applied on any new construction that is added to an existing building classified as a Group R, Division 3 Occupancy, provided that the roof extremities of such existing building and new construction are located a minimum distance of 5 feet from the nearest adjacent property line and are a minimum distance of 10 feet from any other building. 3. Skylights and sloped glazing that comply with Chapter 24 or Section 2610 of this code. - 21 - 41. Table 1505.1 MINIMUM ROOF COVERING CLASSIFICATIONS FOR TYPES OF CONSTRUCTION is hereby deleted in its entirety. 42. Section 1507.2.1 Deck requirements is hereby amended to read as follows: 1507.2.1 Deck Requirements. Asphalt shingles shall be fastened to solidly sheathed decks. Gaps in solidly-sheathed or plank decking shall not exceed 1/8 inch. 43. Section 1512.1 General is hereby amended to read as follows: 1512.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15. No portion of an existing nonrated roof covering may be permanently replaced or covered with more than one square of nonrated roof covering. Any existing roof covering system may be replaced with a roof covering of the same materials and classification, provided that the replacement roof covering has a minimum rating of Class C. Exceptions: 1. Roof replacement or roof recover of existing low-slope roof coverings shall not be required to meet the minimum design slope requirement of 1/4 unit vertical in 12 units horizontal (2-percent slope) in Section 1507 for roofs that provide positive roof drainage. 2. Recovering or replacing an existing roof covering shall not be required to meet the requirement for secondary (emergency overflow) drains or scuppers in Section 1502.2 for roofs that provide for positive roof drainage. For the purposes of this exception, existing secondary drainage or scupper systems required in accordance with this code shall not be removed unless they are replaced by secondary drains or scuppers designed and installed in accordance with Section 1502.2. 44. Section 1608.2 Ground snow loads is hereby deleted in its entirety and replaced with the following: 1608.2 Ground snow loads. The ground snow loads to be used in determining the design snow loads for roofs shall be determined in accordance with ASCE 7 or Figures 1608.2(1) and 1608.2(2) for the contiguous United States and Table 1608.2 for Alaska. Site-specific case studies shall be made in areas designated “CS” in Figures 1608.2(1) and 1608.2(2). Ground snow loads for sites at elevations above the limits indicated in Figures 1608.2(1) and 1608.2(2) and for all sites within the CS areas shall be approved. Ground snow load determination for such sites shall be based on an extreme value statistical analysis of data available in the vicinity of the site using a value with a 2- percent annual probability of being exceeded (50-year mean recurrence interval). Snow loads are zero for Hawaii, except in mountainous regions as approved by the building official. - 22 - 1608.2 Ground Snow Loads. The design ground snow load (Pg) shall be 35 psf for the City of Fort Collins per the Colorado Design Snow Loads, published by the Structural Engineers Association of Colorado (dated April 2016). The design roof snow load values shall be determined from Chapter 7, ASCE 7-16, including all applicable factors, and loading and drifting considerations. In no case shall the final design roof snow load be less than a uniformly distributed load of 30 psf. 45. Section 1609.3 Basic design wind speed is hereby deleted in its entirety and replaced with the following: 1609.3 Basic design wind speed. The basic design wind speed, V, in mph, for the determination of the wind loads shall be determined by Figures 1609.3(1) through 1609.3(12). The basic design wind speed, V, for use in the design of Risk Category II buildings and structures shall be obtained from Figures 1609.3(1), 1609.3(5) and 1609.3(6). The basic design wind speed, V, for use in the design of Risk Category III buildings and structures shall be obtained from Figures 1609.3(2), 1609.3(7) and 1609.3(8). The basic design wind speed, V, for use in the design of Risk Category IV buildings and structures shall be obtained from Figures 1609.3(3), 1609.3(9) and 1609.3(10). The basic design wind speed, V, for use in the design of Risk Category I buildings and structures shall be obtained from Figures 1609.3(4), 1609.3(11) and 1609.3(12). The basic design wind speed, V, for the special wind regions indicated near mountainous terrain and near gorges shall be in accordance with local jurisdiction requirements. The basic design wind speeds, V, determined by the local jurisdiction shall be in accordance with Chapter 26 of ASCE 7. In non-hurricane-prone regions, when the basic design wind speed, V, is estimated from regional climatic data, the basic design wind speed, V, shall be determined in accordance with Chapter 26 of ASCE 7. 1609.3 Basic design wind speed. The basic design wind speed, V, in mph, for the determination of the wind loads shall be 140 miles per hour (Ultimate) for Risk Category II, 130 miles per hour (Ultimate) for Risk Category I, 150 miles per hour (Ultimate) for Risk Category III & IV, or shall comply with the Colorado Front Range Gust Map – ASCE 7-10 Compatible, published by the Structural Engineers Association of Colorado (dated November 18, 2013). 46. A new Section 1804.4.1 Final Grading is hereby added to read as follows: 1804.4.1 Final Grading. Final grading adjacent to the foundation and above utility trenches shall be compacted sufficiently and in such a manner that it is not undermined or subject to significant settlement or displacement due to improper placement of backfill. 47. A new Section 1811 RADON-RESISTANT CONSTRUCTION is hereby added to read as follows: - 23 - 1811 RADON-RESISTANT CONSTRUCTION 1811.1 General. New R-2, R-3, R-4 Occupancies and new I-1 and I-2 nursing homes shall provide radon reduction systems complying with the 2021 International Residential Code, Appendix AF, as amended by the City of Fort Collins. 48. Section 2406.4.7 Glazing adjacent to bottom stairway landing is hereby amended to read as follows: 2406.4.7 Glazing adjacent to the bottom stairway landings. Glazing adjacent to the stair landings at the bottom of a stairway where the glazing is less than 60 36 inches (1524 914 mm) above the landing and within a 60-inches (1524 mm) horizontal arc that is less than 180 degrees (3.14 rad) from the horizontally from the top or bottom tread nosing shall be considered a hazardous location. 49. A new Section 2902.1.4 Touch-free toilet facilities is hereby added to read as follows: 2902.1.4 Touch-free toilet facilities. Toilet facilities installed for occupancies associated with food preparation or food service to the public shall be provided with: 1. Automatic touch-free water control valves on lavatories. 2. Automatic touch-free paper towel dispensers. 3. Toilet facilities exit doors that allow exiting without requiring touching by hand of any door hardware such as knobs, levers, sliding bolts, latches and similar devices. Exception: Toilet facilities designed as a single occupant use may be provided with exit door locking hardware to afford privacy, doors may swing inward or outward. 50. A new CHAPTER 36 SUSTAINABLE BUILDING CONSTRUCTION PRACTICES is hereby added to read as follows: CHAPTER 36 SUSTAINABLE BUILDING CONSTRUCTION PRACTICES Section 3601 General 3601.1 Scope. The provisions of this chapter shall govern sustainable building construction practices for new construction and additions and remodels over 5,000 square feet that require a building permit, unless otherwise noted. Section 3602 Resource Efficiency - 24 - 3602.1 Construction waste management. For remodels and additions over 2,500 square feet, and for all new buildings, a construction waste management plan acceptable to the building official is required at the time of application for a building permit. The construction waste management plan shall be implemented and conspicuously posted on the construction site. All concrete, asphalt, masonry, wood, metals and cardboard shall be recycled. All mixed construction and demolition materials (as defined in § 12-16 of the City Code) shall be delivered to any facility identified in and disposed of in accordance with § 12-22(c) of the City Code. Compliance shall be certified by inspection and documentation and signed final construction waste management plans. Substantive changes to the plan are subject to prior approval by the building official. All roofing permits are required to submit a final waste management plan and documentation. 3602.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be processed in such a way as to safely remove all asbestos and lead paint contaminants. For all demolitions, excluding non-structural demolitions under 1000 square feet, a demolition waste management plan acceptable to the building official is required at the time of application for a demolition permit. All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled, and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood, shall be recycled. All mixed construction and demolition materials (as defined in § 12-16 of the City Code) shall be delivered to any facility identified in and disposed of in accordance with § 12-22(c) of the City Code. Compliance shall be certified by inspection, documentation, and signed final demolition waste management plans. Substantive changes to the plan are subject to prior approval by the building official. 3602.1.2 Recycle chutes. New buildings provided with trash chutes or existing buildings renovated that add a new trash chute shall provide an additional equivalent chute adjacent to the trash chute for the purpose of recycling. Separate bins shall be provided in the termination room to prevent recycled items from entering the trash bin. Chutes must be appropriately labeled “Landfill” and “Recycle.” 3603 Indoor Environmental Quality (IEQ) 3603.1 Indoor Air Quality (IAQ) 3603.1.1 Heating, Ventilating, and Air Conditioning Design. Prior to and during construction, reasonable efforts shall be made to minimize the release of particulates and accumulation of debris, and the specific requirements of this Section shall apply. 3603.1.2 Air handling system access. The arrangement and location of air handling system components including, but not limited to, air handler units, fans, coils and condensate pans, shall allow access for cleaning and repair of the air - 25 - handling surfaces of such components. Piping, conduits, and other building components shall not be located so as to obstruct the required access. 3603.1.3 Durability of air handling surfaces. Surfaces exposed to airflow within air handling systems shall be constructed of materials that are resistant to deterioration and will not break away, crack, peel, flake off, or show evidence of delamination or continued erosion when tested in accordance with the erosion test in UL 181. 3603.1.4 Airstream surfaces. Materials exposed to airflow within ducts, within air plenums, or on top of suspended ceilings, shall not break away, crack, peel, flake off, or show evidence of delamination or continued erosion when tested in accordance with the erosion test in UL 181. 3603.1.5 New building and first time completed tenant finish spaces pollutant flush-out. After all interior finishes are installed, the building or space shall be flushed out by ventilating at a minimum rate of 0.30 cfm per ft2 of outside air or the design outdoor airflow rate determined from the International Mechanical Code, whichever is greater, for at least 14 days while maintaining an internal temperature of at least 60°F, and relative humidity not higher than 60 percent. Occupancy shall be permitted to start 1 day after start of the flush-out, provided that flush-out continues for the full 14 days. The building or space shall not be “baked out” by increasing the temperature of the space above the occupied set point. Exception: All residential buildings. 3603.2 Acoustical control. Minimum requirements for exterior-to-interior sound transmission, interior sound transmission, and background sound levels in new construction and additions, except as noted hereunder, shall be provided as specified herein. 3603.2.1 Sound transmission. New buildings shall comply with the following sound transmission requirements: 3603.2.2 Exterior sound transmission. Where a Group A1, A3, E and I occupancy building, a Group B occupancy building used for educational purposes, or a Group R occupancy building is constructed at a location listed herein, the wall assemblies making up the building thermal envelope or professional analysis of effected walls shall have a composite sound transmission class (STC) rating of 39 or greater in the following locations: 1. Within 500 feet (152 m) of a multi-lane highway designed for high-speed travel by large numbers of vehicles, and having no traffic lights, stop signs, or other regulations requiring vehicles to stop; fire stations; heavy industrial or manufacturing areas or facilities; commercial storage facilities with back-up alarms; outdoor music amphitheaters; or sports arena or stadium; - 26 - 2. Within 250 feet (76 m) of a roadway containing 4 or more traffic lanes; or 3. Within 1,000 feet (305 m) of an active railway. 3603.2.3 Interior sound transmission. Interior wall and floor/ceiling assemblies, separating interior rooms and spaces shall be designed in accordance with the following requirements: 1. Wall and floor-ceiling assemblies separating adjacent tenant spaces, tenant spaces and public places, hotel rooms, motel rooms, patient rooms in nursing homes and hospitals, and adjoining classrooms shall have a composite STC rating of 50 or greater. 2. Wall and floor-ceiling assemblies separating classrooms from rest rooms and showers shall have a composite STC rating of 53 or greater. 3. Wall and floor-ceiling assemblies separating classrooms from music rooms, mechanical rooms, cafeterias, gymnasiums, and indoor swimming pools shall have a composite STC rating of 60 or greater. Exception: Residential Group R occupancies addressed in Section 1206 of this code. Section 3604 Electrical vehicle charging. 3604.1 Scope: The provisions of this Section shall control the design and construction for Electric Vehicle Charging. 3604.2 Definitions applicable to this Chapter: Electric Vehicle (EV): A vehicle registered for on-road use, primarily powered by an electric motor that draws current from a rechargeable storage source that is charged by being plugged into an electrical current source. Electric Vehicle Supply Equipment (EVSE). The electrical conductors and associated equipment external to the electric vehicle that provide a connection between the premises wiring and the electric vehicle to provide electric vehicle charging. Electric Vehicle Fast Charger. Electric vehicle supply equipment with a minimum power output of 20 kW. Electric Vehicle Load Management System. A system designed to allocate - 27 - charging capacity among multiple electric vehicle supply equipment at a minimum of 8 amps per charger. Electric Vehicle Capable Space. A designated parking space that is provided with a minimum conduit of 1” sized for a continuous 40-amp, 208/240-Volt dedicated branch circuit from a building electrical panelboard to the parking space and with sufficient physical space in the same building electrical panelboard to accommodate a 40-amp, dual-pole circuit breaker. Electric Vehicle Ready Space. A parking space that is provided with one continuous 40-amp, 208/240-Volt dedicated branch circuit for electric vehicle supply equipment that is terminated at a receptacle or electric vehicle supply equipment within the parking space. Electric Vehicle Supply Equipment Installed Space. A parking space with minimum of level 2 electric vehicle supply equipment capable of supplying a minimum 40-amp dedicated branch circuit rated at 240 Volt from a building electrical panelboard. 3604.3 Electric Vehicle Supply Equipment: All electric vehicle supply equipment shall be sized and installed in accordance with article 625 of the currently adopted National Electrical Code. 3604.4 Accessibility: All Electric Vehicle Ready and Electric vehicle supply equipment installed spaces shall meet all requirements in Chapter 11 of this code. The total amount of required accessible parking spaces shall be removed from the total number of available spaces when calculating the required percentage of spaces for EV. 3604.5 New buildings. All new buildings or buildings undergoing a primary or partial change of occupancy or use in which more than 50% of the total building area is changing shall provide electrical vehicle parking spaces based on the minimum number of parking spaces as defined by the standards in the Land Use Code (LUC). A parking schedule shall be shown on the submitted plans that lists the required parking spaces and the provided EV spaces in accordance with the TABLE 3604.5. Exceptions: 1. Type 2 Chargers can be reduced by up to five, provided that the building includes not less than one parking space equipped with an electric vehicle fast charger and not less than one electric vehicle ready space. 2. Parking spaces associated with structures and tenant spaces intended for quick transactions, including takeout, pickup, and drop-off shall be exempt. 3. All new and existing developments, where the EV-capacity requirements would require an upgrade of an existing transformer, are exempt. - 28 - TABLE 3604.5  City of Fort Collins Occupancy Classification for EV Charging Infrastructure EVSE - installed EV - Ready EV – capable Tier 1 Residential 10% 20% 40% Tier 2 Mercantile 5% 15% 20% Assembly 5% 15% 20% Institutional 5% 15% 20% Business 5% 15% 20% Educational 5% 15% 20% Factory 5% 15% 20% Tier 3 High hazard 1% 5% 15% Storage 1% 5% 15% Utility and misc. group 1% 5% 15% 3604.6 Existing buildings. Existing buildings that provide on-site parking and undergo a renovation or alteration in which the scope of work is more than 50% of the total building area shall provide at least one EVSE-installed space. 51. APPENDIX C GROUP U--AGRICULTURAL BUILDINGS is adopted in its entirety. 52. APPENDIX E SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS is adopted in its entirety. 53. APPENDIX I PATIO COVERS is adopted in its entirety. Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. - 29 - Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A - 1 - ORDINANCE NO. 022, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL ENERGY CONSERVATION CODE AND ADOPTING THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes ought to be adopted and that any counterpart International codes previously adopted should be repealed, both to align the publication years of the codes and also because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its citizens that the 2021 International Energy Conservation Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and - 2 - WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Energy Conservation Code (“IECC”) and hereby adopts the 2021 IECC as amended by this Ordinance. Section 3. That Section 5-26(b) of the Code of the City of Fort Collins is hereby deleted in its entirety and all subsequent subparagraphs re-lettered accordingly. (b) There is hereby adopted by reference the latest published version (2007 or subsequent regularly updated edition hereafter, whichever is newer) of ASHRAE/IESNA 90.1, Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings, promulgated by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., and the Illuminating Engineering Society of North America, as amended by the City. Said standard as amended shall apply exclusively to the design and construction of new buildings and their systems; new portions of existing buildings and their systems; and new systems and equipment in existing buildings for the purpose of establishing requirements for minimum energy-efficiency, exclusive of detached one- and two-family dwellings, multiple single-family dwellings (townhouses) and multiple-family buildings not more than three (3) stories above grade. Section 4. That Section 5-26(c) of the Code of the City of Fort Collins is hereby amended to read as follows: (cb) Pursuant to the power and authority conferred on the City Council by Section C.R.S. § 31-16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2015 International Energy Conservation Code (2015 IECC), and adopts, as the energy conservation code of the City, the City Council has adopted the 20182021 International Energy Conservation Code (2018 IECC) published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein, except as amended pursuant to Section 5-31 of the City Code, and which shall apply exclusively to the design and construction of all buildings that are classified as residential buildings not more than three (3) stories above grade and their systems; new portions of such existing buildings and their systems; and new systems and equipment in such existing buildings, exclusive of detached one- and two-family dwellings, multiple single-family dwellings (townhouses), for the purpose of establishing minimum requirements for minimum energy efficiency. None of the 2018 International Energy Conservation Code Appendices are hereby adopted. As provided in the 2021 International Energy Conservation Code, Appendices are not adopted except as expressly set forth in § 5-31. - 3 - Section 5. That Section 5-31 of the Code of the City of Fort Collins is hereby repealed in its entirety and reenacted to read as follows: Sec. 5-31. Amendments and deletions to code the 2021 International Energy Conservation Code. The 2021 INTERNATIONAL ENERGY CONSERVATION CODE adopted in § 5-26(c) is hereby amended in the following respects: 1. Section C101.1 Title is hereby retained in its entirety with the following amendments: C101.1 Title. This code shall be known as the International Energy Conservation Code of the City of Fort Collins, and shall be cited as such. It is referred to herein as “this code.” 2. A new Section C101.4.2 Energy assessment is hereby added to read as follows: C101.4.2 Energy assessment. Prior to any alterations, projects shall undergo a City of Fort Collins Utilities Facility Energy Assessment. Exceptions: Facility energy assessments are not required in the following cases. 1. Buildings for which the first Certificate of Occupancy was issued after August 2017. 2. First-time interior finishes. 3. A building that has undergone an energy assessment within the previous three years. 4. Alterations to the HVAC, lighting, power, exterior walls systems, and roofing systems or replacement of such with a construction valuation of less than $50,000. 5. Residential buildings. 3. A new Section C103.7 Permits is hereby added to read as follows: C103.7 Permits. Procedures related to permits, required inspections, payment of fees and obtaining required approvals shall be as set forth in Chapter 1 of the adopted International Building Code. 4. SECTION C104 FEES is hereby deleted in its entirety and replaced with the following: SECTION C104 FEES C104.1 Fees. A permit shall not be issued until the fees prescribed in Section C104.2 have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. C104.2 Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. C104.3 Work commencing before permit issuance. Any person who commences - 4 - any work before obtaining the necessary permits shall be subject to an additional fee established by the code official that shall be in addition to the required permit fees. C104.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. C104.5 Refunds. The code official is authorized to establish a refund policy. C104.1 Fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “Fees.” 5. SECTION C110 BOARD OF APPEALS is hereby deleted in its entirety and replaced with the following: SECTION C110 BOARD MEANS OF APPEALS C110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals 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 code official. C110.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. C110.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. C110.1 Means of appeals. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to the applicable provisions of Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 6. A new SECTION C111 VIOLATIONS is hereby added to read as follows: SECTION C111 VIOLATIONS. C111.1 Violations. Violations of this code shall be made pursuant to the applicable provisions of Section 114 of the adopted International Building Code as amended. 7. SECTION C202 GENERAL DEFINITIONS is hereby amended to modify, or add, in alphabetical order, the following definitions: ALL-ELECTRIC BUILDING. A building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of - 5 - energy for its space heating and cooling, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All-electric buildings may include solar thermal water and pool heating. CONTINUOUS AIR BARRIER. The combination of interconnected materials, assemblies, and flexible sealed joints and components of the building thermal envelope that provides air tightness to a specified permeability. ELECTRIC HEAT. An indoor environmental primary heat source that is electric. A ground-source electric heat pump or a cold climate heat pump specifically designed to heat at the Winter Outdoor, Design Dry-Bulb temp for Climate Zone 5b as determined by the DESIGN CRITERIA within this code. The heat pump system shall not be gas or propane fuel fired. Electric resistance strip heat shall serve only as emergency back- up heat or supplemental heat at outdoor temperatures below 15oF as necessary. MIXED-FUEL BUILDING. A building that uses natural gas or propane as fuel for space heating and cooling, water heating (including pools and spas), cooking appliances or clothes drying appliances, or is plumbed for such equipment. 8. A new Section C301.5 Exterior and interior local design parameters is hereby added to read as follows: Section C301.5 Exterior and Interior Local Design Parameters. The following thermal design parameters shall be used for mechanical load calculations and designs. Exterior and Interior Local Design Parameters. Winter Outdoor, Design Dry-bulb (oF) = 6 Winter Indoor, Design Dry-bulb (oF) = 72 Summer, Outdoor Design Dry-bulb (oF) = 91 Summer, Indoor Design Dry-bulb (oF) = 75 Summer, Outdoor Design Wet-bulb (oF) = 62 Summer, Indoor Design Wet-bulb (oF) = 62 Degree Days heating = 6148 Degree days cooling = 757 Fort Collins is in Climate Zone 5B. 9. A new Section C401.1.1 Building Electrification is hereby added to read as follows: C401.1.1 Building electrification. All newly constructed buildings shall be constructed as an all-electric building or a mixed-fuel building that is pre-wired for future electric space heating, water heating, cooking and clothes drying equipment. 10. Section C401.2.2 ASHRAE 90.1 is hereby amended to read as follows: C401.2.2 ASHRAE 90.1. Commercial buildings shall comply with the requirements of ANSI/ASHRAE/IESNA 90.1, Section C401.1.1 Building Electrification, Section - 6 - C402.2.4 Slabs-on-grade, Section C402.5 Air leakage-thermal envelope, and APPENDIX CB SOLAR READY ZONE-COMMERCIAL. 11. Section C402.1.2 Equipment buildings is hereby retained in its entirety, except Item #3 is amended to read as follows: . . . 3. Have a heating system capacity not greater than (17,000 Btu/h) (5 kW) and a heating thermostat setpoint that is restricted to not more than 50oF (10oC) and that have permanent signage installed at the thermostat as instruction to the thermostat setpoint limitation. . . . 12. TABLE C402.1.3 OPAQUE THERMAL ENVELOPE INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHOD is hereby deleted in its entirety and replaced with the following Table: TABLE C402.1.3 OPAQUE THERMAL ENVELOPE INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHODa CLIMATE ZONE 5 All other Group R Roofs Insulation entirely above roof deck R-30ci R-30ci Metal buildingsb R-19+R-11 LS R-19+R-11 LS Attic and other R-49 R-49 Walls, above grade Massf R13ci R-13ci Metal building R-13+R-15ci R-13+R-15ci Metal framed R-13+R-10ci R-13+R-10ci Wood framed and other R-15+R-7.5ci or R-20+5cii R-15+R-7.5ci or R-20+5cii Walls, below grade Below-grade walld R-10ci R-10ci Floors Masse R-14.6ci R-16.7ci Floor - steel joist R-30+7.5ci R-30+7.5ci Wood joist/framing R-38 R-38 Slab-on-grade floors Unheated slabsh R-15 for 24” below R-20ci for 24” below Heated slabsg,h R-15 for 36” below+R-5 full slab R-15 for 36” below+R-5 full slab Opaque doors - 7 - Opaque non-swinging doors R-4.75 R-4.75 For SI: 1 inch = 25.4 mm, 1 pound per square foot = 4.88 kg/m2, 1 pound per cubic foot = 16 kg/m3. ci = Continuous Insulation, NR = No Requirement, LS = Liner System. a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA 90.1 Appendix A. b. Where using R-value compliance method, a thermal spacer block shall be provided, otherwise use the U-factor compliance method in Table C402.1.4. c. R-5.7ci is allowed to be substituted with concrete block walls complying with ASTM C90, ungrouted or partially grouted at 32 inches or less on center vertically and 48 inches or less on center horizontally, with ungrouted cores filled with materials having a maximum thermal conductivity of 0.44 Btu-in/h-f2 °F. d. Where heated slabs are below grade, below-grade walls shall comply with the exterior insulation requirements for heated slabs. e. “Mass floors” shall be in accordance with Section C402.2.3. f. “Mass walls” shall be in accordance with Section C402.2.2. g. The first value is for perimeter insulation and the second value is for full, under-slab insulation. Perimeter insulation is not required to extend below the bottom of the slab. h. Vertical insulation located below grade shall be extended the distance provided in the table or to top of footing. i. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5. 13. TABLE C402.1.4 OPAQUE THERMAL ENVELOPE ASSEMBLY MAXIMUM REQUIREMENTS, U-FACTOR METHODa,b is hereby deleted in its entirety and replaced with the following Table: TABLE C402.1.4 OPAQUE THERMAL ENVELOPE ASSEMBLY MAXIMUM REQUIREMENTS, U-FACTOR METHODa,b CLIMATE ZONE 5 All other Group R Roofs Insulation entirely above roof deck U-0.032 U-0.032 Metal buildings U-0.035 U-0.035 Attic and other U-0.021 U-0.021 Walls, above grade Massg U-0.68 U-0.068 Metal building U-0.49 U-0.49 Metal framed U-0.052 U-0.052 Wood framed and otherck U-0.046 U-0.046 Walls, below grade Below-grade wallc U-0.092 U-0.092 Floors Massd U-0.057 U-0.051 Floor - steel joist U-0.029 U-0.029 Wood joist/framing U-0.027 U-0.027 Slab-on-grade floors Unheated slabsj F-0.52 F-0.51 Heated slabsf,j F-0.62 F-0.62 Opaque doors Non-swinging door U-0.31 U-0.31 Swinging doorh U-0.37 U-0.37 Garage door <14% glazingi U-0.31 U-0.31 For SI: 1 pound per square foot = 4.88 kg/m2, 1 pound per cubic foot = 16 kg/m3. ci = Continuous Insulation, NR = No Requirement, LS = Liner System. - 8 - a. Where assembly U-factors, C-factors and F-factors are established in ANSI/ASHRAE/IESNA 90.1 Appendix A, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table, and provided that the construction, excluding the cladding system on walls, complies with the appropriate construction details from ANSI/ASHRAE/ISNEA 90.1 Appendix A. b. Where U-factors have been established by testing in accordance with ASTM C1363, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table. The R-value of continuous insulation shall be permitted to be added to or subtracted from the original tested design. c. Where heated slabs are below grade, below-grade walls shall comply with the U-factor requirements for above-grade mass walls. d. “Mass floors” shall be in accordance with Section C402.2.3. e. These C-, F- and U-factors are based on assemblies that are not required to contain insulation. f. The first value is for perimeter insulation and the second value is for full, under-slab insulation. g. “Mass walls” shall be in accordance with Section C402.2.2. h. Swinging door U-factors shall be determined in accordance with NFRC-100. i. Garage doors having a single row of fenestration shall have an assembly U-factor less than or equal to 0.44 in Climate Zones 0 through 6 and less than or equal to 0.36 in Climate Zones 7 and 8, provided that the fenestration area is not less than 14 percent and not more than 25 percent of the total door area. j. Vertical insulation located below grade shall be extended the distance provided in the table or to top of footing. k. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5. 14. Section C402.2 Specific building thermal envelope insulation requirements is hereby amended to read as follows: C402.2 Specific building thermal envelope insulation requirements. Insulation in building thermal envelope opaque assemblies shall comply with Sections C402.2.1 through C402.2.7 and Table C402.1.3. All insulation shall be installed to meet Residential Energy Services Network (RESNET) Grade I standard. 15. Section C402.5 Air leakage-thermal envelope is hereby amended to read as follows: C402.5 Air leakage—thermal envelope. The building thermal envelope shall comply with Sections C402.5.1 through Section C402.5.11.1, orand the building thermal envelope shall be tested in accordance with Section C402.5.2 or C402.5.3. Where compliance is based on such testing, the building shall also comply with Sections C402.5.7, C402.5.8 and C402.5.9. 16. Section C402.5.1 Air barriers is hereby amended to read as follows: Section C402.5.1 Air barriers. A continuous air barrier shall be provided throughout the building thermal envelope. The continuous air barriers shall be located on the inside or outside of the building thermal envelope, located within the assemblies composing the building thermal envelope, or any combination thereof. The air barrier boundary limits and size of the surface area (floor, wall, and ceiling or roof) of the building air barrier, and of the zone or zones to be tested for maximum building air infiltration and exfiltration, shall be clearly identified on the approved construction drawings. All air barrier components of each building thermal envelope assembly shall be clearly identified on construction documents and the joints, interconnections, and penetrations of the air barrier components shall be detailed and shall comply with Sections C402.5.1.1, and through C402.5.1.29. Exception: Air barriers are not required in buildings located in Climate Zone 2B. 17. Section C402.5.1.5 Building envelope performance verification is hereby amended to read as follows: - 9 - Section C402.5.1.5 Building envelope performance verification. The installation of the continuous air barrier shall be verified by the code official and an, a registered design professional or approved air leakage testing agency in accordance with the following: 1. A review of the construction documents and other supporting data shall be conducted to assess compliance with the requirements in Section C402.5.1. 2. Inspection of continuous air barrier components and assemblies shall be conducted during construction while the air barrier is still accessible for inspection and repair to verify compliance with the requirements of Sections C402.5.1.3 and C402.5.1.4. 3. An final commissioningair barrier and air sealing inspection report shall be provided for inspections completed by the registered design professional or approved air leakage testing agency. The commissioning air barrier and air sealing inspection report shall be provided to the building owner or owner’s authorized agent and the code official at the time of framing and insulation inspection. The report shall identify deficiencies found during the review of the construction documents and inspection and details of corrective measures taken. 18. Section C402.5.2 Dwelling and sleeping unit enclosure testing is hereby deleted in its entirety and replaced with the following: C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.30 cfm/ft2 (1.5 L/s m2) of the testing unit enclosure area at a pressure differential of 0.2 inch water gauge (50 Pa). Where multiple dwelling units or sleeping units or other occupiable conditioned spaces are contained within one building thermal envelope, each unit shall be considered an individual testing unit, and the building air leakage shall be the weighted average of all testing unit results, weighted by each testing unit’s enclosure area. Units shall be tested separately with an unguarded blower door test as follows: 1. Where buildings have fewer than eight testing units, each testing unit shall be tested. 2. For buildings with eight or more testing units, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit and a unit with the largest testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional two units shall be tested, including a mixture of testing unit types and locations. C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E1827 and City of Fort Collins Building Code Protocol for New Multifamily Building Air Tightness Testing. Documentation of the testing results shall be submitted to the building official prior to approval. If the building or dwelling unit fails air leakage testing, the testing agency is required to perform a diagnostic evaluation in accordance - 10 - with ASTM E1186. The testing agency can use additional methods to discover leaks. Repairs based on these diagnostics and retesting is required prior to submitting results to the building official. Where compliance is based on such testing, the building also shall comply with Sections C402.5.6, C402.5.7 and C402.5.8. The air barrier shall comply with Sections C402.5.1.1, and C402.5.1.2. The measured air leakage shall not exceed 0.30 cfm/ft2 (1.5 L/s m2) of the testing unit enclosure area at a pressure differential of 0.2 inch water gauge (50 Pa). Units shall be tested separately with an unguarded blower door test as follows: 1. Where buildings have fewer than eight testing units, each testing unit shall be tested. 2. For buildings with eight or more testing units, 20 percent of the testing units in the building shall be tested, including at least one of each unit type and approximately an equal number of units on each floor level. For each tested unit that exceeds the maximum air leakage rate, corrections to the unit must be made and the unit re-tested until it meets the required air leakage, and an additional two units of this type in the same building shall be tested and meet the required air leakage. 19. Section C402.5.3 Building thermal envelope testing is hereby deleted in its entirety and replaced with the following: C402.5.3 Building thermal envelope testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E3158 or ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.40 cfm/ft2 (2.0 L/s × m2) of the building thermal envelope area at a pressure differential of 0.3 inch water gauge (75 Pa). Alternatively, portions of the building shall be tested and the measured air leakages shall be area weighted by the surface areas of the building envelope in each portion. The weighted average test results shall not exceed the whole building leakage limit. In the alternative approach, the following portions of the building shall be tested: 1. The entire envelope area of all stories that have any spaces directly under a roof. 2. The entire envelope area of all stories that have a building entrance, exposed floor, or loading dock, or are below grade. 3. Representative above-grade sections of the building totaling at least 25 percent of the wall area enclosing the remaining conditioned space. Exception: Where the measured air leakage rate exceeds 0.40 cfm/ft2 (2.0 L/s × m2) but does not exceed 0.60 cfm/ft2 (3.0 L/s × m2), a diagnostic evaluation using smoke tracer or infrared imaging shall be conducted while the building is pressurized along with a visual inspection of the air barrier. Any leaks noted shall be sealed where such sealing can be made without destruction of existing building components. An additional report identifying the corrective actions taken to seal leaks shall be submitted to the code official and the building owner, and shall be deemed to comply with the requirements of this section. C402.5.3 Building thermal envelope testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E3158 or - 11 - ASTM E1827 or in accordance with the most current version of the City of Fort Collins Building Air Leakage Test Protocol for commercial buildings. Documentation of the testing results shall be submitted to the building official prior to approval. If the building fails air leakage testing, the testing agency is required to perform a diagnostic evaluation in accordance with ASTM E1186. The testing agency can use additional methods to discover leaks. Repairs based on these diagnostics and retesting is required prior to submitting results to the building official. Where compliance is based on such testing, the building shall also comply with Sections C402.5.7, C402.5.8 and C402.5.8. The air barrier shall comply with Sections C402.5.1.1, and C402.5.1.2. The measured air leakage shall not exceed 0.25 cfm/ft2 (2.0 L/s × m2) of the building thermal envelope area at a pressure differential of 0.3 inch water gauge (75 Pa). 20. Section C402.5.6 Doors and access openings to shafts, chutes, stairways and elevator lobbies is hereby amended to read as follows: C402.5.6 Doors and access openings to shafts, chutes, stairways and elevator lobbies. Doors and access openings from conditioned space to shafts, chutes, stairways and elevator lobbies not within the scope of the fenestration assemblies covered by Section C402.5.4 shall be gasketed, weather-stripped or sealed. Doors and access openings on vertical walls from conditioned space to unconditioned attic space shall be insulated to a minimum of R-7. Exceptions: 1. Door openings required to comply with Section 716 of the International Building Code. 2. Doors and door openings required to comply with UL 1784 by the International Building Code. 21. A new Section C403.1.3 Heating electrification is added to read as follows: C403.1.3 Heating electrification. Space conditioning equipment shall meet the requirements for an all-electric building or mixed-fuel building within Section C401.1.1. 22. Section C403.12.3.1 Protection of piping insulation is hereby amended to read as follows: C403.12.3.1 Protection of piping insulation. Piping insulation exposed to the weather shall be protected from damage, including that caused by sunlight, moisture, equipment maintenance and wind, and shall provide shielding from solar radiation that can cause degradation of the material. Adhesive tape and paint products and similar applications that require maintenance shall not be permitted. 23. A new Section C404.1.1 Water heating electrification is added to read as follows: Section C404.1.1 Water heating electrification. Service water-heating equipment shall meet the requirements for an all-electric building or mixed-fuel building within Section C401.1.1. - 12 - 24. Section C405.2.5 Specific application controls is hereby retained in its entirety, except Item #2 is amended to read as follows: … 2. Sleeping units shall have control devices or systems that are configured to automatically switch off all permanently installed luminaires, and switched receptacles within 20 minutes after all occupants have left the unit, televisions, and the heating, ventilating and air conditioning system set point raised at least 5 degrees Fahrenheit (3 degrees centigrade) in the cooling mode and lowered at least 5 degrees Fahrenheit (3 degrees centigrade) in the heating mode whenever the guest room is unoccupied. All permanently wired luminaires located in bathrooms within sleeping units in hotels, motels, boarding houses or similar buildings shall be equipped with occupant sensors that require manual intervention to energize circuits. Exceptions: 1. Lighting and switched receptacles controlled by card key controls. 2. Spaces where patient care is directly provided. 3. Existing buildings undergoing an occupancy change to R-1 and that have 8 or less sleeping units. … 25. Section C405.2.7.1 Daylight shutoff is hereby amended to read as follows: C405.2.7.1 Daylight shutoff. Lights shall be automatically turned off when daylight is present and satisfies the lighting needsor within 30 minutes after sunrise. 26. Section 405.2.7.3 Lighting setback is hereby amended to read as follows: C405.2.7.3 Lighting setback. Lighting that is not controlled in accordance with Section C405.2.7.2 shall comply with the following: 1. Be controlled so that the total wattage of such lighting is automatically reduced by not less than 50 percent by selectively switching off or dimming luminaires at one of the following times: 1.1 From not later than midnight to not earlier than 6 a.m. 1.2 From not later than one hour after business closing to not earlier than one hour before business opening. 1.3 During any time where activity has not been detected for 15 minutes or more. 2. Luminaires serving outdoor parking areas and having a rated input wattage of greater than 78 watts and a mounting height of 24 feet (7315 mm) or less above the ground shall be controlled so that the total wattage of such lighting is automatically reduced by not less than 50 percent during any time where activity has not been detected for 15 minutes or more. Not more than 1,500 watts of lighting power shall be controlled together. - 13 - 27. Section C405.2.8 Parking garage lighting control is hereby retained in its entirety, except Item #1 is amended to read as follows: . . . 1. Lighting power of each luminaire shall be automatically reduced by not less than 3050 percent when there is no activity detected within a lighting zone for 2015 minutes. Lighting zones for this requirement shall be not larger than 3,600 square feet 334.5 m2.) Exception: Lighting zones provided with less than 1.5 footcandles of illumination on the floor at the darkest point with all lights on are not required to have automatic light-reduction controls. . . . 28. Section C405.12 Energy monitoring is hereby amended to read as follows: C405.12 Energy monitoring. New buildings with a gross conditioned floor area of 25,000 square feet (2322 m2) or largergreater than or equal to 600 amp electric service shall be equipped to measure, monitor, record and report energy consumption data in compliance with Sections 405.12.1 through C405.12.5. Exception: R-2 occupancies and individual tenant spaces are not required to comply with this section provided that the space has its own utility services and meters and has less than 5,000 square feet (464.5 m2) of conditioned floor area. 29. A new Section C405.13 Cooking and clothes drying electrification is hereby added to read as follows: C405.13 Cooking and clothes drying electrification. Clothes drying and cooking equipment shall meet the requirements for an all-electric building or mixed-fuel building within Section C401.1.1. 30. TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES is hereby retained in its entirety, except Sections C406.7.3 and C406.7.4 in Climate Zone 5B only are amended to read as follows: TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES SECTION CLIMATE ZONE 5B C406.7.3: Efficient fossil fuel water heaterb 95 C406.7.4: Heat pump water heaterb 59 - 14 - 31. TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHER OCCUPANCIES is hereby retained in its entirety, except Sections C406.7.3 and C406.7.4 in Climate Zone 5B only are amended to read as follows: TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa OCCUPANCIES SECTION CLIMATE ZONE 5B C406.7.3: Efficient fossil fuel water heaterb 95 C406.7.4: Heat pump water heaterb 59 32. Section C406.9 Reduced air infiltration is hereby amended to read as follows: C406.9 Reduced air infiltration. Air infiltration shall be verified by whole-building pressurization testing conducted in accordance with ASTM E779 or ASTM E1827 by an independent third party. The measured air-leakage rate of the building envelope shall not exceed 0.250.19 cfm/ft2 (2.0 L/s × m2) under a pressure differential of 0.3 inches water column (75 Pa), with the calculated surface area being the sum of the above- and below-grade building envelope. A report that includes the tested surface area, floor area, air by volume, stories above grade, and leakage rates shall be submitted to the code official and the building owner. Exception: For buildings having over 250,000 square feet (25 000 m2) of conditioned floor area, air leakage testing need not be conducted on the whole building where testing is conducted on representative above-grade sections of the building. Tested areas shall total not less than 25 percent of the conditioned floor area and shall be tested in accordance with this section. 33. TABLE C407.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE is hereby retained in its entirety and amended only to add Sections C402.2.4 and C401.1.1 under “Envelope”: TABLE C407.2 REQUIREMENTS FOR TOTAL BUILDNG PERFORMANCE SECTION TITLE Envelope C402.2.4 Slabs-on-grade C401.1.1 Building electrification 34. Section C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements is hereby amended to read as follows: C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements. Prior to the final mechanical and plumbing inspections, the registered design professional or approved agency shall provide evidence of - 15 - mechanical systems commissioning and completion in accordance with the provisions of this section. Construction document notes shall clearly indicate provisions for commissioning and completion requirements in accordance with this section and are permitted to refer to specifications for further requirements. Copies of all documentation shall be given to the owner or owner’s authorized agent and made available to the code official upon request in accordance with Sections C408.2.4 and C408.2.5. Exceptions: The following systems are exempt: 1. Mechanical systems and service water-heating systems in buildings where the total mechanical equipment capacity is less than 480,000 Btu/h (140.7 kW) cooling capacity and 600,000 Btu/h (175.8 kW) combined service water-heating and space-heating capacitygross conditioned floor area is 15,000 square feet or less. 2. Systems included in Section C403.5 that serve individual dwelling units and sleeping units. 35. Section C408.2.5.2 Final commissioning report is hereby amended to read as follows: C408.2.5.2 Final commissioning report. A report of test procedures and results identified as “Final Commissioning Report” shall be delivered to the building owner or owner’s authorized agent and shall be made available to the code official upon request. The report shall be organized with mechanical system and service hot water system findings in separate sections to allow independent review. The report shall include the following: 1. Results of functional performance tests. 2. Disposition of deficiencies found during testing, including details of corrective measures used or proposed. 3. Functional performance test procedures used during the commissioning process including measurable criteria for test acceptance, provided herein for repeatability. Exception: Deferred tests that cannot be performed at the time of report preparation due to climatic conditions. 36. A new SECTION C409 INTEGRATED DESIGN ASSISTANCE is hereby added to read as follows: C409 INTEGRATED DESIGN ASSISTANCE C409.1 Scope. This section establishes criteria for compliance using ASHRAE 90.1 Appendix G Performance Rating Method in accordance with the City of Fort Collins Integrated Design Assistance Program referred to herein as “IDAP”. C409.2 Requirements for Integrated Design Assistance. Participation in this compliance path requires: - 16 - 1. The project must be an active participant in IDAP. 2. The project has qualified for the Design Incentive. C409.3 Documentation. The documentation required for compliance is the energy report based on the submitted CD drawing package and approved by the IDAP program manager. C409.3.1 Compliance report. Permit submittals shall include the energy report documenting that the proposed design has annual energy costs less than or equal to the annual energy costs of the baseline building adjusted to current code and in accordance with IDAP. The report shall include the following information: 1. Address of the building. 2. An inspection checklist documenting the building component characteristics of the proposed design. The inspection checklist shall show the estimated annual energy cost for both the baseline building adjusted to current code and the proposed design. 3. Name of individual completing the compliance report. 4. Name and version of the compliance software tool. C409.3.2 Additional documentation. The code official may also require the following production of documentation of the building component characteristics of the Baseline Building including the code Building Performance Factor and proposed Building Performance Factor. 37. Section C501.2 Compliance is hereby amended to read as follows: C501.2 Compliance. Additions, alterations, repairs, and changes of occupancy to, or relocation of, existing buildings and structures shall comply with Sections C502, C503, C504 and C505 of this code, as applicable, and with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, to the extent adopted by the Colorado Plumbing Code, International Property Maintenance Code, International Private Sewage Disposal Code and NFPA 70, as adopted by the City. Changes where unconditioned space is changed to conditioned space shall comply with Section C502. Exceptions: 1. Additions, alterations, repairs or changes of occupancy complying with ANSI/ASHRAE/IESNA 90.1. 2. Additions, alterations, repairs or changes of occupancy do not need to comply with the requirements of C402.2.4 Slab-on-grade floors when it would require the demolition of existing permanent building construction components. - 17 - 38. APPENDIX CB SOLAR READY ZONE--COMMERCIAL is hereby adopted in its entirety. 39. Section R103.2 Information on construction documents is hereby retained in its entirety, and amended by the additional of a new Item #10 to read as follows: R103.2 Information on construction documents. . . . 10. Glazing area square footage as a percentage of individual wall area by specific elevation. 40. A new Section R103.6 Permits is hereby added to read as follows: R103.6 Permits. Procedures related to permits, required inspections, payment of fees and obtaining required approvals shall be as set forth in Chapter 1 of the adopted International Building Code. 41. SECTION R104 FEES is deleted in its entirety and replaced with the following: SECTION R104 FEES R104.1 Fees. A permit shall not be issued until the fees prescribed in Section R104.2 have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R104.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. R104.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the code official that shall be in addition to the required permit fees. R104.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R104.5 Refunds. The code official is authorized to establish a refund policy. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “Fees.” 42. SECTION R110 MEANS OF APPEALS is hereby deleted in its entirety and replaced as follows: SECTION R110 MEANS OF APPEALS R110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation - 18 - of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority 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 code official. R110.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. R110.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. R110.4 Administration. The code official shall take immediate action in accordance with the decision of the board. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to the applicable provisions of Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 43. A new SECTION R111 VIOLATIONS is hereby added to read as follows: SECTION R111 VIOLATIONS. Violations of this code shall be made pursuant to the applicable provisions of Section 114 of the adopted International Building Code as amended. 44. A new TABLE R402.1 GENERAL PRESCRIPTIVE COMPLIANCE REQUIREMENTS is hereby added to read as follows: TABLE R402.1 GENERAL PRESCRIPTIVE COMPLIANCE REQUIREMENTS SECTION TITLE Building Thermal Envelope R402.2.9 Slab-on-grade floors R402.5 Maximum fenestration U-Factor and SHGC Mechanical TABLE R405.4.2(1) Service water heating HWDS = factor for the compactness of the hot water distribution system. Compactness ratioa factorb HWDS 1 story 2 or more stories ≤ 60% or ≤ 70% stacked Multi-Family units ≤ 30% 0.05 Electrical Power and Lighting Systems R404.5 Electric readiness a) The factor for the compactness of the hot water distribution system is the ratio of the area of the rectangle that bounds the source of hot water and the fixtures that it serves (the “hot water rectangle”) divided by the floor area of the dwelling. 1. Sources of hot water include water heaters, or in multifamily buildings with central water heating systems, circulation loops or electric heat traced pipes. 2. The hot water rectangle shall include the source of hot water and the points of termination of all hot water fixture supply piping. 3. The hot water rectangle shall be shown on the floor plans and the areas shall be computed to the nearest square foot. 4. Where there is more than one water heater, and each water heater serves different plumbing fixtures and appliances it is permissible to establish a separate hot water rectangle for each hot water distribution system and add the area of these rectangles together to determine the compactness ratio. - 19 - 5. The basement or attic shall be counted as a story when it contains the water heater. 6. Compliance shall be demonstrated by providing a drawing on the plans that shows the hot water distribution system rectangle(s), comparing the area of the rectangle(s) to the area of the dwelling and identifying the appropriate compactness ratio and HWDS factor. b) Failure to meet compliance with the Compactness ratio factor shall require a hot water distribution loop with a demand button or recirculation pump with a timer or installation of electric air source heat pump water heater. 45. TABLE R402.1.2 MAXIMUM ASSEMBLY U-FACTORSA AND FENESTRATION REQUIREMENTS is hereby deleted in its entirety and replaced with the following: TABLE R402.1.2 MAXIMUM ASSEMBLY U-FACTORSa AND FENESTRATION REQUIREMENTS CLIMATE ZONE FENESTRATION U-FACTOR SKYLIGHT U-FACTOR GLAZED FENESTRATION SHGCd CEILING U-FACTOR WOOD FRAME WALL U- FACTORe MASS WALL U-FACTORb FLOOR U-FACTOR BASEMENT WALL U-FACTOR CRAWL SPACE WALL U-FACTOR 5 0.28/0.25f 0.55 0.35 0.024 0.045 0.082 0.028 0.050 0.050 For SI: 1 foot = 304.8mm a. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source. b. Mass walls shall be in accordance with Section R402.2.5. Where more than half the insulation is on the interior, the mass wall U- factors shall not exceed 0.17 in Climate Zones 0 and 1, 0.14 in Climate Zone 2, 0.12 in Climate Zone 3, 0.087 in Climate Zone 4 except Marine, 0.065 in Climate Zone 5 and Marine 4, and 0.057 in Climate Zones 6 through 8. c. In Warm Humid locations as defined by Figure R301.1 and Table R301.1, the basement wall U-factor shall not exceed 0.360. d. The SHGC column applies to all glazed fenestration. e. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5. f. Where the proposed glazing area is more than 30% of the wall area by elevation, as provided per section R103.2 Information on construction documents, the second U-factor shall be required. 46. TABLE R402.1.3 INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENT is hereby deleted in its entirety and replaced with the following: TABLE R402.1.3 INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENT CLIMATE ZONE FENESTRATION U-FACTORb SKYLIGHT U-FACTORb GLAZED FENESTRATION SHGCb CEILING R-VALUE WOOD FRAME WALL R-VALUEg MASS WALL R-VALUEf FLOOR R-VALUE BASEMENTc,e WALL R-VALUE SLABd R- VALUE & DEPTH CRAWL SPACEc,e WALL R-VALUE 5 0.28/0.25h 0.55 0.35 60 30 or 20+5ci or 13+10ci or 0+20ci or 23 13/17 38 15ci or 19 or 13 + 5ci 10ci, 4 ft 15ci or 19 or 13 + 5ci For SI: 1 foot = 304.8 mm. ci = continuous insulation a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. c. “5ci or 13” means R-5 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. “10ci or 13” means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. “15ci or 19 or 13 + 5ci” means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall. d. R-5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab edge insulation R-value for slabs. As indicated in the table. The slab-edge insulation for heated slabs shall not be required to extend below the slab. Insulation located below grade shall be extended the distance provided in the table or to top of footing. e. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, “13 + 5” means R-13 cavity insulation plus R-5 continuous insulation. f. Mass walls shall be in accordance with Section R402.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall where more than half the insulation is on the interior, the mass wall U-factor shall be the same as the frame wall U- factor. - 20 - g. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5. h. Where the proposed glazing area is more than 30% of the wall area by elevation, as provided per section R103.2 Information on construction documents, the second U-factor shall be required. 47. Section R402.2 Specific insulation requirements is hereby amended to read as follows: R402.2 Specific insulation requirements. In addition to the requirements of Section R402.1, insulation shall meet the specific requirements of Sections R402.2.1 through R402.2.12. All insulation shall be installed to meet Residential Energy Services Network (RESNET) Grade I standard. 48. Section R402.2.4 Access hatches and doors is hereby amended only as to Exception #1 to read as follows: R402.2.4 Access hatches and doors. . . . Exceptions: 1. Vertical doorsentries providing access from conditioned spaces to unconditioned spaces that comply with the fenestration requirements of Table R402.1.3 based on the applicable climate zone specified in Chapter 3 are not required to be a swinging door and shall be less than or equal to U-0.10 or have an average insulation R-value of R-10 or greater. If foam plastic insulation is used, it shall comply with the International Residential Code Section R316.5.3 Attics. . . . 49. Section R402.2.8.1 Basement wall insulation installation is hereby amended to read as follows: R402.2.8.1. Basement wall insulation installation. Where basement walls are insulated, the insulation shall be installed from the top of the basement wall down to 10 feet (3048 mm) below grade or to the basement floor, whichever is less. 50. Section R402.2.9.1 Slab-on-grade floor insulation installation is hereby amended to read as follows: R402.2.9.1 Slab-on-grade floor insulation installation. Where installed, the insulation shall extend downward from the top of the slab on the outside or inside of the foundation wall. Insulation located below grade shall be extended the distance provided in Table R402.1.3 or the distance of the proposed design, as applicable, by any combination of vertical insulation, insulation extending under the slab or insulation extending out from the building. Insulation extending away from the building shall be protected by pavement or by not less than 10 inches (254 mm) of soil. The top edge of the insulation installed between the exterior wall and the edge of the interior slab shall be permitted to be cut at a 45-degree (0.79 rad) angle away from the exterior wall. - 21 - 51. Section R402.2.10.1 Crawl space wall insulation installations is hereby deleted in its entirety and replaced with the following: R402.2.10.1 Crawl space wall insulation installations. Where crawl space wall insulation is installed, it shall be permanently fastened to the wall and shall extend downward from the floor to the finished grade elevation and then vertically or horizontally for not less than an additional 24 inches (610 mm). Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder in accordance with the International Building Code or International Residential Code, as applicable. Joints of the vapor retarder shall overlap by 6 inches (153 mm) and be sealed or taped. The edges of the vapor retarder shall extend not less than 6 inches (153 mm) up stem walls and shall be attached to the stem walls. R402.2.10.1 Crawl space wall insulation installations. Where crawl space wall insulation is installed, it shall be permanently fastened to the interior or exterior wall and shall extend downward from the top of foundation wall to the footing. Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder in accordance with the International Building Code or International Residential Code, as applicable. Joints of the vapor retarder shall overlap by 6 inches (153 mm) and be sealed or taped. The edges of the vapor retarder 6 inches (153 mm) up stem walls and footings and shall be attached and sealed to the stem walls and footing pads. 52. TABLE R402.4.1.1 AIR BARRIER, AIR SEALING AND INSULATION INSTALLATIONa is hereby amended as follows: TABLE R402.4.1.1 AIR BARRIER, AIR SEALING AND INSULATION INSTALLATIONa COMPONENT AIR BARRIER CRITERIA INSULATION INSTALLATION CRITERIA General requirements A continuous air barrier shall be installed in the building envelope.The building’s thermal envelope shall contain a continuous air barrier that is in alignment with the insulation on the conditioned and unconditioned side of the assembly.b All penetrations, Bbreaks or joints in the air barrier shall be air sealed. Air-permeable insulation shall not be used as an air sealing material. Air- permeable insulation shall be enclosed inside the air barrier assemblyᵇ. . . . . . . . . . Walls The junction of the foundation and the sill plate shall be sealed. The junction of the top plate and the top of exterior walls that are adjacent to unconditioned space shall be sealed. Knee walls shall have an air barrier installed on both sides of the insulation and be sealed on all edges. Cavities within corners and headers of frame walls shall be insulated by completely filling the cavity with a material having a thermal resistance, R-value, of not less than R-3 per inch. Exterior thermal envelope insulation for framed walls shall be installed in substantial contact and continuous alignment with the air barrier. . . . . . . . . . Rim joists Rim joists shall include an exterior air barrierb The junctions of the rim board to the sill plate and the rim board and the subfloor shall be air sealed. Rim joists shall be insulated to a minimum R-15 if spray foam or R-values indicated for Wood Frame Walls within TABLE R402.1.3 or the exterior walls minimum R-value indicated in the Proposed Design for SECTION R405 TOTAL BUILDING PERFORMANCE. so that tThe insulation shall maintains permanent contact with the exterior rim board.b - 22 - Floors, separating  conditioned from  unconditioned space,  including cantilevered  floors and floors above  garages The air barrier shall be installed, and air sealed at  any exposed edge of insulation the insulated floor  cavity adjacent to unconditioned space. Air permeable insulation installed in floor cavities  shall be enclosed in a six‐sided cavity.     Floor framing cavity insulation shall be installed to  maintain permanent contact with the underside of  subfloor decking. Alternatively, floor framing cavity  insulation shall be in contact with the top side of  sheathing, or continuous insulation installed on the  underside of floor framing; and extending from the  bottom to the top of all perimeter floor framing  members in accordance with the requirements of  Section R402.2.7.  . . .  . . . . . .   Shower/tub and fireplaces on exterior walls  The air barrier installed at exterior walls adjacent to showers and tubs shall separate the wall from the shower or tub.   Exterior framed walls adjacent to showers, and tubs  and fireplaces shall be insulated.  . . .  . . .  . . .   HVAC Register boots All HVAC supply and return register boots that  penetrate the building thermal envelope shall be  sealed to the subfloor, wall covering, or ceiling  penetrated by the boot.  Insulation shall be fitted tightly around HVAC supply  and return register boots located in the building’s  thermal envelope to maintain its required assembly R‐ value. . . .  . . .  . . .   a. Inspection of log walls shall be in accordance with the provisions for ICC 400. b. Air barrier and insulation full enclosure is not required in unconditioned/ventilated attic spaces and rim joists. 53. Section R402.4.1.2 Testing is hereby deleted in its entirety and replaced with the following: R402.4.1.2 Testing. The building or dwelling unit shall be tested for air leakage. The maximum air leakage rate for any building or dwelling unit under any compliance path shall not exceed 5.0 air changes per hour or 0.28 cubic feet per minute (CFM) per square foot [0.0079 m3/(s × m2)] of dwelling unit enclosure area. Testing shall be conducted in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where required by the code official, testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope have been sealed. Exception: For heated, attached private garages and heated, detached private garages accessory to one and two-family dwellings and townhouses not more than three stories above grade plane in height, building envelope tightness and insulation installation shall be considered acceptable where the items in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by the code official, an approved third party independent from the installer shall inspect both air barrier and insulation installation criteria. Heated, attached private garage space and heated, detached private garage space shall be thermally isolated from all other habitable, conditioned spaces in accordance with Sections R402.2.12 and R402.3.5, as applicable. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weatherstripping or other infiltration control measures. 2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be - 23 - closed, but not sealed beyond intended infiltration control measures. 3. Interior doors, where installed at the time of the test, shall be open. 4. Exterior or interior terminations for continuous ventilation systems shall be sealed. 5. Heating and cooling systems, where installed at the time of the test, shall be turned off. 6. Supply and return registers, where installed at the time of the test, shall be fully open. Exception: When testing individual dwelling units, an air leakage rate not exceeding 0.30 cubic feet per minute per square foot [0.008 m3/(s × m2)] of the dwelling unit enclosure area, tested in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pa), shall be an accepted alternative permitted in all climate zones for: 1. Attached single and multiple family building dwelling units. 2. Buildings or dwelling units that are 1,500 square feet (139.4 m2) or smaller. Mechanical ventilation shall be provided in accordance with Section M1505 of the International Residential Code or Section 403.3.2 of the International Mechanical Code, as applicable, or with other approved means of ventilation. R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate not exceeding three air changes per hour or 0.16 CFM per square foot of dwelling unit enclosure area. Testing shall be conducted in accordance with Section 802 of the RESNET Mortgage Industry National Home Energy Rating Standards and RESNET/ICC 380, ASTM E779 or ASTM E1827 and the City of Fort Collins Building Code Air Tightness Testing Protocol, New Attached and Detached Single Family Dwellings and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where required by the code official, testing shall be conducted by an approved third party. A written report of the results of the test shall identify the tester conducting the test, and their applicable testing certifications, and shall be provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. Exception: When testing individual dwelling units, an air leakage rate not exceeding 0.30 cubic feet per minute per square foot [0.008 m3/(s × m2)] of the dwelling unit enclosure area, tested in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and The City of Fort Collins Building Code Protocol for New Multifamily Building Air Tightness Testing and reported at a pressure of 0.2 inch w.g. (50 Pa), shall be an accepted alternative permitted in all climate zones for stacked multiple family building dwelling units. 54. Section R402.4.4 Rooms containing fuel-burning appliances is amended to read as follows: R402.4.4 Rooms containing fuel-burning appliances In Climate Zones 3 through 8, new construction, where open combustion air ducts provide combustion air to open combustion fuel-burning appliances are installed, the appliances and combustion air opening shall be located outside the building thermal envelope or enclosed in a room that is isolated from inside the thermal envelope. Such rooms shall be sealed and insulated in accordance with the envelope requirements of Table R402.1.3, where the walls, floors and ceilings shall meet a minimum of the basement wall R-value - 24 - requirement. The door into the room shall be fully gasketed and any water lines and ducts in the room insulated in accordance with Section R403. The combustion air duct shall be insulated where it passes through conditioned space to an R-value of not less than R-8. Exceptions: 1. Direct vent appliances with both intake and exhaust pipes installed continuous to the outside. 2. Fireplaces and stoves complying with Section R402.4.2 and Section R1006 of the International Residential Code. 55. Section R402.5 Maximum fenestration U-factor and SHGC is hereby amended to read as follows: The area-weighted average maximum fenestration U-factor permitted using tradeoffs from Section R402.1.5 or R405 shall be 0.32 for vertical fenestration 0.48 in Climate Zones 4 and 5 and 0.40 in Climate Zones 6 through 8 for vertical fenestration, and 0.75 in Climate Zones 4 through 8 for skylights. The area-weighted average maximum fenestration SHGC permitted using tradeoffs from Section R405 in Climate Zones 1 through 3 shall be 0.40 shall be 0.35. Exception: The maximum U-factor and solar heat gain coefficient (SHGC) for fenestration shall not be required in storm shelters complying with ICC 500. 56. Section R403.3.2 Ducts located in conditioned space is hereby deleted in its entirety and replaced with the following: R403.3.2 Ducts located in conditioned space. For ductwork to be considered inside a conditioned space, it shall comply with one of the following: 1. The duct system shall be located completely within the continuous air barrier and within the building thermal envelope. 2. Ductwork in ventilated attic spaces shall be buried within ceiling insulation in accordance with Section R403.3.3 and all of the following conditions shall exist: 2.1. The air handler is located completely within the continuous air barrier and within the building thermal envelope. 2.2. The duct leakage, as measured either by a rough-in test of the ducts or a postconstruction total system leakage test to outside the building thermal envelope in accordance with Section R403.3.6, is less than or equal to 1.5 cubic feet per minute (42.5 L/min) per 100 square feet (9.29 m2) of conditioned floor area served by the duct system. 2.3. The ceiling insulation R-value installed against and above the insulated duct is greater than or equal to the proposed ceiling insulation R-value, less the R-value of the insulation on the duct. 3. Ductwork in floor cavities located over unconditioned space shall comply with all of the following: 3.1. A continuous air barrier installed between unconditioned space and the duct. 3.2. Insulation installed in accordance with Section R402.2.7. - 25 - 3.3. A minimum R-19 insulation installed in the cavity width separating the duct from unconditioned space. 4. Ductwork located within exterior walls of the building thermal envelope shall comply with the following: 4.1. A continuous air barrier installed between unconditioned space and the duct. 4.2. Minimum R-10 insulation installed in the cavity width separating the duct from the outside sheathing. 4.3. The remainder of the cavity insulation shall be fully insulated to the drywall side. R403.3.2 Ducts located in conditioned space. For ductwork to be considered as inside conditioned space, the duct system shall be located completely within the continuous air barrier and within the building thermal envelope. 57. Section R403.3.6 Duct leakage is hereby amended only as to Item #3 to read as follows: . . . 3. Test for ducts within thermal envelope: Where all ducts and air handlers are located entirely within the building thermal envelope, total leakage shall be less than or equal to 8.04.0 cubic feet per minute (226.6 L/min) per 100 square feet (9.29 m2) of conditioned floor area. 58. Section R403.4.1 Protection of piping insulation is hereby amended to read as follows: R403.4.1 Protection of piping insulation. Piping insulation exposed to weather shall be protected from damage, including that caused by sunlight, moisture, equipment maintenance and wind, and The protection shall provide shielding from solar radiation that can cause degradation of the material. Adhesive tape and paint products and similar applications that require maintenance shall be prohibited. 59. Section R403.7 Equipment sizing and efficiency rating is hereby amended to read as follows: R403.7 Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by federal law for the geographic location where the equipment is installed designed and sized in accordance with International Residential Code Section M1401.3 and performance will be verified in accordance with International Residential Code Section M1309. 60. A new Section R404.4 Occupant sensor controls is hereby added to read as follows: - 26 - R404.4 Occupant sensor controls. In multifamily buildings, occupant sensor controls shall be provided to automatically reduce connected lighting power by not less than 50 percent during periods when no occupants are present in common corridors and common enclosed stairwells. Lighting in means of egress shall comply with the luminance or uniformity criteria required by the International Building Code when occupied. Exception: Automatic power reduction shall not be used to control battery back-up emergency lighting and exit signage. 61. A new Section R404.5 Electric readiness is added to read as follows: R404.5 Electric readiness. Water heating, space heating, conventional cooking equipment and dryers shall meet the requirements of R404.5 through 404.5.8. Unless otherwise noted herein the equipment shall comply with the National Appliance Energy Conservation Act of 1987 (NAECA). R404.5.1 Water heating electrification. All newly constructed residential buildings shall be constructed with an electric heat pump water heating system or pre-wired to support an electric heat pump water heating system. R404.5.2 Future water heating electrical requirements. Residential buildings using gas or propane as the fuel source for heating domestic water shall include a dedicated 125 volt, 20 amp electrical receptacle that is connected to the electric panel with a 120/240 volt 3 conductor, 12 AWG copper branch circuit within 3 feet from the water heater and accessible to the water heater with no obstructions. Exception: Installed conduit with pull string sized to accommodate future water heating electrical requirements. R404.5.3 Labeling. Both ends of the unused conductor shall be labeled with the word “SPARE” and be electrically isolated. R404.5.4 Circuit. A single pole circuit breaker space shall be reserved in the electrical panel adjacent to the circuit described in Section R304.1.1 and labeled with the words “Future 240V Use.” R404.5.5 Water heating serving multiple dwelling units. Water heating systems supporting multiple dwelling units shall meet the requirements of Sections R404.5, R404.2.2, R404.2.3 and Sections C404.3 through C404.7. R404.5.6 Space heating for electrification. Space heating equipment shall be constructed with a ground-source electric heat pump or an electric cold climate heat pump specifically designed to heat at the Winter Outdoor, Design Dry-Bulb temp defined in Section 301.5 of this code or pre-wired to support the aforementioned electric heat pump system. Electric resistance strip heat shall only serve as defrost, - 27 - emergency back-up heat or supplemental heat at outdoor temperatures less than or equal to 15oF. R404.5.7 Future heating and cooling electrical requirements. Residential buildings using gas or propane as the fuel source for space conditioning shall include a dedicated 208/240 volt, 30 amp or greater electrical circuit connected to the electric panel, terminating within 3 feet from the designated future location of the compressor unit and shall comply with: 1. Both ends of the conductor shall be labeled with the word “For Future Heat Pump Heat/Cooling” and electrically isolated; 2. A double pole circuit breaker in the electrical panel labeled with the words “For Future Heat Pump Heater”; and 3. Other electrical components, including conductors and receptacles supporting this section and installed in accordance with the National Electric Code. Exceptions: 1. Where the heating load is less than or equal to 6.0 Btu/h/ft2 at design temperature, electric resistance heating shall be permitted. 2. Where the building is provided with a dedicated branch circuit in compliance with NEC article 440.4 based on heat pump space heating equipment sized in accordance with R403.7 and terminating within 3 feet (914 mm) of the location with no obstructions. Both ends of the branch circuit shall be labeled “For Future Heat Pump Heater.” 3. Where an electrical circuit in compliance with NEC article 440.4 exists for space cooling equipment. 4. Where conduit with pull string sized to accommodate future heating electrical requirements is installed. R404.5.8 Future electric heating and cooling requirements serving multiple dwelling units. Equipment serving more than one dwelling unit shall include all three requirements from R404.5.7. The electric capacity, determined at 240 volts per the National Electrical Code, shall include raceways and service and panel capacity for a termination point 3 feet from each gas space conditioning outlet. 62. SECTION R405 TOTAL BUILDING PERFORMANCE is hereby amended to read as follows: SECTION R405 TOTAL BUILDING PERFORMANCE R405.1 Scope. This section establishes criteria for compliance using total building performance analysis. Such analysis shall include heating, cooling, mechanical ventilation and service water-heating energy only. Exception: In addition to all required sections, new buildings, additions, or alterations where the primary heat source is electrical shall utilize a ground-source - 28 - electric heat pump or a cold climate heat pump specifically designed to heat at the Winter Outdoor, Design Dry-Bulb temp defined in Section R301.5 of this code. Electric resistance strip heat shall only serve as defrost, emergency back-up heat or supplemental heat at outdoor temperatures less than or equal to 15oF. 63. TABLE R405.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE is here by retained in its entirety, and amended only to add the information below to the Sections and Titles: TABLE R405.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE SECTION TITLE . . . Building Thermal Performance R402.2.9 Slab-on-grade floors Mechanical TABLE R405.4.2(1), Service water heating HWDS = factor for the compactness of the hot water distribution system. Compactness ratiob factorc HWDS 1 story 2 or more stories ≤ 60% ≤ 30% 0.05 Electrical Power and Lighting Systems R404.5 Electric readiness . . . b. The factor for the compactness of the hot water distribution system is the ratio of the area of the rectangle that bounds the source of hot water and the fixtures that it serves (the “hot water rectangle”) divided by the floor area of the dwelling. 1. Sources of hot water include water heaters, or in multifamily buildings with central water heating systems, circulation loops or electric heat traced pipes. 2. The hot water rectangle shall include the source of hot water and the points of termination of all hot water fixture supply piping. 3. The hot water rectangle shall be shown on the floor plans and the areas shall be computed to the nearest square foot. 4. Where there is more than one water heater, and each water heater serves different plumbing fixtures and appliances it is permissible to establish a separate hot water rectangle for each hot water distribution system and add the area of these rectangles together to determine the compactness ratio. 5. The basement or attic shall be counted as a story when it contains the water heater. 6. Compliance shall be demonstrated by providing a drawing on the plans that shows the hot water distribution system rectangle(s), comparing the area of the rectangle(s) to the area of the dwelling and identifying the appropriate compactness ratio and WDS factor. c. Failure to meet compliance with the Compactness ratio factor shall require a hot water distribution loop with a demand button or recirculation pump with a timer or installation of electric air source heat pump water heater. 64. Section R405.3.2.2 Compliance report for certificate of occupancy is hereby retained in its entirety and amended only by adding Item #8 to read as follows: … 8. A passing “Confirmed” energy rating report, including the Home Energy Rating Certificate with corresponding HERS score, reflecting as-built data, is required to receive a Certificate of Occupancy for final approval of a completed home. - 29 - 65. Section R406.2 ERI compliance is hereby amended to read as follows: R406.2 ERI compliance. Compliance based on the Energy Rating Index (ERI) requires that the rated design meets all of the following: 1. The requirements of the sections indicated within Table R406.2R405.2. 2. Maximum ERI of Table R406.5 66. Section R501.2 Compliance is hereby amended to read as follows: R501.2 Compliance. Additions, alterations, repairs or changes of occupancy to, or relocation of, an existing building, building system or portion thereof shall comply with Section R502, R503, R504 or R505, respectively, in this code. Changes where unconditioned space is changed to conditioned space shall comply with Section R502. Exception: Additions, alterations, repairs or changes of occupancy do not need to comply with the requirements of R402.2.9 Slab-on-grade floors when it would require the demolition of existing permanent building construction components. 67. Section R502.1 General is hereby amended to read as follows: R502.1 General. Additions to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction without requiring the unaltered portion of the existing building or building system to comply with this code. Additions shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code where the addition alone complies, where the existing building and addition comply with this code as a single building, or where the building with the addition does not use more energy than the existing building. Additions shall be in accordance with Section R502.2 or R502.3. 68. Section R502.3.1 Building envelope is hereby amended to read as follows: R502.3.1 Building envelope. New building envelope assemblies that are part of the addition shall comply with Sections R402.1, R402.2, R402.3.1 through R402.3.5, and R402.4. Exceptions: New envelope assemblies are exempt from the requirements of Section R402.4.1.2. 1. Where new construction roof lines for additions are built to match existing roof lines a minimum of uncompressed R-19 insulation extending over the wall top plate at the eaves shall be allowed. 2. Where demolition of existing permanent building construction components is required to meet the requirements of R402.2.9 Slab-on-grade floors. 69. A new Section R502.4 Compliance is hereby added to read as follows: - 30 - R502.4 Compliance. An addition shall be deemed to comply with this code where the existing building with the addition complies prescriptively (using Total UA) or does not use more energy than the existing building and demonstrates compliance using either Building Performance energy cost, or ERI compliance option listed below. Existing building envelope and energy features shall be evaluated per ANSI/RESNET/ICC 301-2019 or ANSI/BPI 1200-S-2017 standards. Exceptions: Unaltered portions of the existing building or building system are not required to comply with this code section if 1. The existing building was constructed to the 2009 International Energy Conservation Code or later; or 2. The addition is less than 30% of the total conditioned floor area of the existing building; or 3. The building has undergone a documented energy efficiency upgrades to the envelope within the last 10 years. R502.4.1 Existing plus addition (Prescriptive compliance). Total UA compliance verification in Section R402.1.5 shall demonstrate that the existing building plus the addition, has a total UA that is less than or equal to the Total UA of the existing building prior to the addition. This method requires the project to create two Total UA compliance verification reports as outlined in Section R502.4.1.1. R502.4.1.1 Reporting. For permitting, the following are required: 1. A Total UA compliance benchmark report of the existing structure prior to construction. 2. A Total UA compliance report of the existing building, plus the addition based on the proposed design. R502.4.2 Existing building plus addition compliance (Total Building Performance). Total building performance Section R405 compliance verification shall demonstrate that the existing building plus the addition uses no more energy than the existing building did prior to the addition. This method requires the project to create cost compliance verification at three stages as outlined in Section R502.4.2.2. R502.4.2.2 Reporting. For permitting, the following are required: 1. A baseline total building performance cost compliance report of the existing structure prior to construction. 2. Projected total building performance cost compliance report of the existing building plus the addition based on the proposed design for the building in its entirety. For Certificate of Occupancy, a final confirmed total building performance cost compliance report shall be submitted prior to final inspection. - 31 - R502.4.3 Existing plus addition compliance (Energy Rating Index Alternative). An ERI score shall demonstrate that the existing building plus the addition uses no more energy than the existing building did prior to the addition. This method requires the project to obtain an ERI score at three stages as outlined in Section R502.2.3.1 R502.4.3.1 Reporting. For permitting, the following are required: 1. For permitting: A baseline ERI of the existing structure prior to construction. 2. For Permitting: A projected ERI of the existing building plus the addition based on the proposed design for the building in its entirety. For Certificate of Occupancy, a confirmed ERI report shall be submitted prior to final inspection. 70. CHAPTER 6 REFERENCED STANDARDS is hereby amended by adding, in alphabetical order, the following additional referenced standard: RESNET® reference standard Grade I Insulation and Section 802 of the RESNET Mortgage Industry National Home Energy Rating Standards Referenced in Amended 2021 IECC Section C402.2 and Section R402.4.1.2 71. APPENDIX RB SOLAR-READY PROVISIONS--DETACHED ONE- AND TWO-FAMILY DWELLINGS AND TOWNHOUSES is hereby adopted in its entirety. Section 6. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. - 32 - __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A ORDINANCE NO. 023, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL RESIDENTIAL CODE AND ADOPTING THE 2021 INTERNATIONAL RESIDENTIAL CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes should be adopted and that any counterpart International codes previously adopted should be repealed, both to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its residents that the 2021 International Residential Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in the newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and 2 WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Residential Code (“IRC”) and hereby adopts the 2021 IRC as amended by this Ordinance. Section 3. That Section 5-26(d) of the Code of the City of Fort Collins is hereby amended as to read follows: (d) Pursuant to the power and authority conferred on the City Council by C.R.S. Section § 31- 16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2018 Edition of the International Residential Code, and adopts, as the residential building code of the City, the City Council has adopted the 2018 2021 International Residential Code published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein. The subject matter of the International Residential Code adopted herein includes comprehensive provisions and standards for the protection of the public health and safety by prescribing regulations governing the construction, alteration, enlargement, relocation, replacement, repair, equipment, use and occupancy, location, removal and demolition of, and its applicability is hereby limited to, individual nonattached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade in height with a separate means of egress, and their accessory structures. As provided in the 2018 2021 International Residential Code, Appendices are not adopted except as expressly set forth in Section 5-30. Section 4. That Section 5-30 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 5-30. Amendments and Deletions to code the 2021 International Residential Code. The 2021 International Residential Code adopted in Section 5-26 is hereby amended to read as follows: 1. Section R101.1 Title is hereby amended to read as follows: 3 R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of the City of Fort Collins and shall be cited as such and will be referred to herein as “this code.” 2. Section R102.4 Referenced codes and standards is hereby amended to read as follows: R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Section 101.4 of the adopted International Building Code, entitled “Referenced Codes,” and shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.” 3. Section R103 DEPARTMENT OF BUILDING SAFETY is hereby deleted in its entirety and replaced with the following: SECTION R103 DEPARTMENT OF BUILDING SAFETY R103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official. R103.2 Appointment. The building official shall be appointed by the jurisdiction. R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. SECTION R103 CODE ADMINISTRATION R103.1 Entity charged with code administration shall be as determined in accordance with Section 103 of the adopted International Building Code, entitled “CODE ADMINISTRATION.” 4. Section R105.2 Work exempt from permit, Building is amended to read as follows; however, the subsections for Electrical, Gas, Mechanical and Plumbing are retained in their entirety: R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 4 R105.2 Building: 1. Other than storm shelters, one-story detached accessory structures for lawn and garden equipment storage, tool storage and similar uses, including arbors, pergolas, and similar structures, provided that the floor area does not exceed 200 120 square feet (18.5811.15 m2) or 8 feet (2.438 m) in height, do not house flammable liquids in quantities exceeding 10 gallons (38 L) per building, and the structures are located at least 3 feet (0.914 m) from an adjoining property line. 2. Fences not over 7 feet (2134 mm) 6 feet (1829 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of footing low side grade to the top of the wall, unless supporting a surcharge, provided that the horizontal distance to the next uphill retaining wall is at least equal to the total height of the lower retaining wall. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment, or playhouse/play structures not exceeding 120 square feet (11.15 m2), including no more than one elevated playhouse or play structure per lot designed, and said equipment or structure is used exclusively for play. Elevated playhouses or play structures shall not exceed 64 square feet (5.9 m2) of floor area nor 6 feet (1.82 m) in height measured from the floor to the highest point of such structure. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. Storm window, storm door and rain gutter installation except that, for structures that are fifty years of age or older, historic review pursuant to Chapter 14 of the City Code first must be completed. 10. Decks not exceeding 200 square feet (18.58m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. 11. Roofing repair or replacement work not exceeding one square (100 square feet) 5 of covering per building. 12. Replacement of nonstructural siding that is not part of a fire-rated assembly when removal of siding is performed in accordance with State laws regarding asbestos and lead paint except that, for structures fifty years of age or older, historic review pursuant to Chapter 14 of the City Code first must be completed. 13. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Hoop houses not for public use that are constructed with a flexible frame such as PVC tubing used for starting plants. 5. Section R105.3.2 Time limitation of application is hereby amended to read as follows: R105.3.2 Time limitation of application An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Applications which have expired for 30 days or more will be considered void, unless the building official determines, in their reasonable discretion, that an extension of no more than 180 days should be allowed due to conditions beyond the applicant’s control. 6. Section R105.5 Expiration is hereby amended by adding a second paragraph to read as follows: R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Both prior to and subsequent to the effective date of this code, any work authorized by a permit regulated by this code or any other building construction code administered by the building official that involves the construction or alteration of an exterior building component, assembly or finish material, such as the foundation, wall and roof framing, sheathing, siding, fenestration, and roof covering, shall be fully finished and completed for permanent outdoor exposure within 24 months of date of this issuance of such permit. 7. A new Section R105.10 Premises Identification is hereby added to read as follows: R105.10 Premises Identification During Construction. The approved permit number and street address number shall be displayed and plainly visible and legible from the 6 public street or road fronting the property on which any new building is being constructed. 8. A new Section R105.11 Transfer of permits is hereby added to read as follows: R105.11 Transfer of permits. A current valid building permit may be transferred from one party to another upon written application to the building official with consent of both parties. When any changes are made to the original plans and specifications that substantially differ from the plans submitted with the permit, as determined by the building official, a new plan review fee shall be paid as calculated in accordance with Section R108. A fee of $50 shall be paid to cover administrative costs for all building permit transfers. No change shall be made in the expiration date of the original permit. 9. Section R106.1.4 Information for construction in flood hazard areas is hereby deleted its entirety and replaced with the following: R106.1.4 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2, construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate. 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade. 3. The elevation of the bottom of the lowest horizontal structural member in coastal high-hazard areas (V Zone) and in Coastal A Zones where such zones are delineated on flood hazard maps identified in Table R301.2 or otherwise delineated by the jurisdiction. 4. If design flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. R106.1.4 Information for construction in flood hazard areas. For buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted in accordance with the City Code, Chapter 10, entitled “Flood Prevention and Protection.” 10. A new Section R106.1.6 Grading performance plans and certificate is hereby added to read as follows: R106.1.6 Grading performance plans and certificate. Every building permit application for a new building regulated by this code shall be accompanied by a site drainage/grading performance plan as prescribed by City standards. Drainage plans shall be submitted to and approved by the City’s Stormwater Utility prior to the issuance of a permit. 7 11. Section R106.3.1 Approval of construction documents is hereby amended to read as follows: R106.3.1 Approval of construction documents. Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp indicating the approved permit number. that states “REVIEWED FOR CODE COMPLIANCE”. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 12. SECTION R108 FEES is hereby deleted in its entirety and replaced with the following: SECTION R108 FEES R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R108.2 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 schedule as established by the applicable governing authority. R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R108.5 Refunds. The building official is authorized to establish a refund policy. R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees. SECTION R108 FEES R108.1 Fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “FEES.” 13. A new Section R109.1.7 Site Survey required is hereby added to read as follows: R109.1.7 Site Survey required. A survey or improvement location certificate of the 8 site on which a new building or addition is to be constructed may be required by the building official to verify that the structure is located in accordance with the approved plans and any other regulations of the City. 14. Section R110.2 Change in use is hereby amended to read as follows: R110.2 Change in use. Changes in the character, or use and/or occupancy classification (See Chapter 3 of International Building Code) of an existing structure shall not be made except as specified in Sections 506 and 507 of the International Existing Building Code, approved by the building official and the structure is in conformance with this code and the Building Code enacted by the City. 15. SECTION R112 BOARD OF APPEALS is hereby deleted in its entirety and replaced with the following: SECTION R112 BOARD OF APPEALS R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals 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 decisions and findings in writing to the appellant with a duplicate copy to the building official. R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. R112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgment on matters pertaining to building construction and are not employees of the jurisdiction. R112.4 Administration. The building official shall take immediate action in accordance with the decision of the board. R112 BOARD OF APPEALS R112.1 General. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to applicable provisions as set forth in Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 16. Section R113.4 Violation penalties is hereby amended to read as follows: R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions 9 of this code, shall be subject to penalties as prescribed by law commits a civil infraction and is subject to the provisions contained in § 1-15 of the City Code. Each day that a violation continues shall be deemed a separate offense. 17. A new Section R113.5 Work commencing before permit issuance is hereby added to read as follows: R113.5 Work commencing before permit issuance. In addition to penalties set forth in R113.4, any person or firm who, before obtaining the necessary permit(s), commences any construction of, or work on, a building, structure, electrical, gas, mechanical or plumbing system that is not otherwise exempted from obtaining a permit, may be subject to a stop work order and a work without a permit fee in addition to the required permit fee as established by the building official. 18. SECTION R202 DEFINITIONS is hereby amended to modify, or add, in alphabetical order, the following definitions: [RB] BASEMENT. A story that is not a story above grade plane (see “Story above grade plane”). BASEMENT. That portion of a building located partly or completely below grade, wherein the underside of the floor system immediately above is 72 inches (1829 mm) or more above the surface of an approved permanent basement floor system. CITY shall mean the municipal corporation of Fort Collins, Colorado, including its physical location and boundaries. [RB] CRAWL SPACE. An underfloor space that is not a basement. CRAWLSPACE. That portion of a building that is conditioned or non-conditioned space located partly or completely below grade (excluding the under-floor space beneath below-grade structural floor systems), wherein the underside of the adjacent finished floor above is less than 72 inches (1829 mm) above the bottom surface of such crawlspace. DOWN DIRECTIONAL LUMINAIRE. Down directional luminaire lighting directs light straight down from the fixture. [RB] DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. DWELLING. Shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. 10 [RB] DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. For the definition applicable in Chapter 11, see Section N1101.6. DWELLING UNIT. Shall mean one or more rooms and a single kitchen and at least one bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. FLOOR AREA. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. FULLY SHIELDED LUMINAIRE. A light fixture that has a solid barrier (cap) at the top of the fixture in which the lamp (bulb) is located. The fixture is angled so the lamp is not visible below the barrier (no light visible below the horizontal angle). ROOM, SLEEPING (BEDROOM). A habitable space within a dwelling or other housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping purposes is indicia for determining that such space or room qualifies as a sleeping room. The presence of closets and similar storage facilities is not considered a relevant factor in determining whether or not a room is a sleeping room. SITE. A parcel of land bounded by a property line or a designated portion of a public right-of-way. [RB]TOWNHOUSE. A building that contains three or more attached townhouse units. TOWNHOUSE: A single-family dwelling unit constructed in a group of two or more attached individual units, each of which is separated from the other from the foundation to the roof and is located entirely on a separately recorded and platted parcel of land (site) bounded by property lines that is deeded exclusively for such single-family dwelling. VISITABILITY: A measure of a residence’s ease of access for persons with disabilities. 19. Section 301.1.3 Engineered Design is hereby amended to read as follows: R301.1.3 Engineered design. When a building of otherwise conventional light-frame construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance 11 with accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design in accordance with the International Building Code enacted by the City, is permitted for all buildings, and structures, and parts portions thereof, included in the scope of this code. 20. Table R301.2 Climatic and Geographic Design criteria, the table is amended to read as follows. The thermal design parameters in Table R301.2 shall be used for mechanical load calculations and designs. 12 21. Section R302.2 Townhouses is hereby amended to read as follows: R302.2 Townhouses. Townhouses shall be provided with a fire-suppression system in accordance with Section P2904 of this code, NFPA 13D, or other approved equivalent sprinkler system. Walls separating townhouse units shall be constructed in accordance with section R302.2.1 or R302.2.2 and shall comply with Sections 302.2.3 through 302.2.5. 22. Section R302.2.3 Continuity is hereby amended to read as follows: R302.2.3 Continuity. The fire-resistance-rated common wall or assembly separating townhouses units along property lines shall be continuous from the foundation to the underside of the roof sheathing, deck or slab. The fire-resistance rating shall extend the full length of the wall or assembly, including wall extensions through and separating attached and/or enclosed accessory structures or spaces. The fire-resistance-rating shall be maintained within concealed spaces of projecting elements such as, roof overhangs, canopies, marquees and similar projections. The fire-resistant rated adjoining walls shall extend to the outer edge of horizontal projecting elements such as balconies that extend more than 24 inches beyond the exterior wall. 23. Section R302.3 Two-family dwellings is hereby amended to read as follows: R302.3 Two-family dwellings. Two-family dwellings shall be provided with a fire- suppression system as per P2904 at a minimum. Dwelling units in two-family dwellings shall be separated from each other by wall and/or floor assemblies having not less than a one-hour fire-resistance rating when where tested in accordance with ASTM E119, or UL 263 or Section 703.2.2 of the International Building Code. Such separation shall be provided regardless of whether a lot line exists between the two dwelling units or not. Fire-resistance-rated floor/ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing. Exceptions: 1. A fire-resistance rating of 1/2 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with Section P2904. 2. Wall assemblies need not extend through attic spaces where the ceiling is protected by not less than 5/8-inch (15.9 mm) Type X gypsum board, an attic draft stop constructed as specified in Section R302.12.1 is provided above and along the wall assembly separating the dwellings and the structural framing supporting the ceiling is protected by not less than 1/2- inch (12.7 mm) gypsum board or equivalent. 24. Section R308.4.7 Glazing adjacent to the bottom stair landings is hereby amended to read as follows (Figure R308.4.7 is retained): R308.4.7 Glazing adjacent to the bottom stair landings. Glazing adjacent to the stair landings at the bottom of a stairway where the glazing is less than 36 inches (914 mm) above the landing and within a 60-inch (1524 mm) horizontal arc less than 180 degrees (3.14 rad) from the top or bottom tread nosing shall be considered a hazardous location. (See Figure R308.4.7.) Exception: Where the glazing is protected by a guard complying with Section R312 and the plane of the glass is more than 18 inches (457 mm) from the guard. 25. Section R310.1 Emergency escape and rescue opening required is hereby amended to read as follows: R310.1 Emergency escape and rescue opening required Basements, habitable attics, habitable lofts and mezzanines, and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 2. Where the dwelling unit or townhouse unit is equipped with an automatic sprinkler system installed in accordance with Section P2904, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 2.1. One means of egress complying with Section R311 and one emergency escape and rescue opening. 2.2. Two means of egress complying with Section R311. 32. A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). 26. Section R310.1.1 Operational constraints and opening control devices is amended to read as follows: R310.1.1 Operational constraints and opening control devices. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge. Window opening control devices and fall prevention devices complying with ASTM F2090 shall be permitted for use on windows serving as a required emergency escape and rescue opening and shall be not more than 70 inches (178 cm) above the finished floor. 27. Section R310.2.3 Maximum height from floor is amended to read as follows: R310.2.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) above the floor. Emergency escape and rescue window openings that are located more than 72 inches (1829 mm) above the finished grade shall have a sill height of not less than 24 inches (609 mm) measured from the finished interior side floor. 28. Section R311.7.5.1 Risers is hereby amended to read as follows: R311.7.5.1 Risers. The riser height shall be not more than 7 3/4 inches (196 mm). The minimum riser height shall be not less than 4 inches (102 mm). The riser height shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. At open risers, openings located more than 30 inches (762 mm), as measured vertically, to the floor or grade below shall not permit the passage of a 4-inch-diameter (102 mm) sphere. 29. Section R313.2 One- and two-family dwellings automatic sprinkler systems is amended to read as follows: R313.2 One and Two-family dwellings automatic sprinkler fire systems. An automatic residential fire sprinkler system shall be installed in one and two-family dwellings. Exception: An automatic sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with a sprinkler system. 30. Section R314.2.2 Alterations, repairs and additions is amended by deleting exception #2. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section. 31. Section R314.4 Interconnection is amended to add an exception to read as follows: R314.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with Section R314.3, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. Exception: Interconnection of smoke alarms in existing areas shall not be required where install would require the removal of interior wall or ceiling finishes, unless there is an attic, crawl space, or basement available to could provide access for interconnection without the removal if interior finishes. 32. Section R315.2.2 Alterations, repairs and additions is hereby amended to read as follows: R315.2.2 Alterations, repairs and additions. Where alterations, repairs or additions requiring a permit occur, or where one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be equipped with carbon monoxide alarms located as required for new dwellings. Exceptions: 1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck. 2. Installation, alteration or repairs of plumbing systems. 3. Installation, alteration or repairs of mechanical systems that are not fuel fired. 33. Section R320.1 Scope is hereby amended to read as follows: R320.1 Scope. Where there are four or more dwelling units or sleeping units in a single structure, the applicable provisions of C.R.S. § 9-5-101 et. seq., and the provisions of Chapter 11 of the adopted International Building Code for Group R-3 shall apply. Nothing in this Section shall abrogate or otherwise modify an owner’s duties or responsibilities under the Americans with Disabilities Act or any other federal law or regulation regarding accessibility. 34. A new Section R320.3 Visitability is hereby added to read as follows: R320.3 Visitability. A new dwelling unit with habitable space on the first story shall designate at least one bathroom group or half bath on the first story that must be designed and constructed to meet the visitability requirements of this section. R320.3.1 Bathrooms within dwelling units. A bathroom group or half bath designated for visitability must have a minimum clear opening of 30 inches. R320.3.2 Wall reinforcement. A bathroom group or half bath designated for visitability must have reinforced walls that meet the following standards: 1. Lateral two-inch by six-inch or larger nominal wood blocking must be installed flush with stud edges of bathroom walls; and 2. The centerline of the blocking must be 34 inches from and parallel to the interior floor level. Exception: Blocking is not required in the portion of the wall located directly behind the lavatory. R320.3.3 Lighting and environmental controls. Light switches, receptacles and other environmental controls located in a bathroom or a half bath designated for visitability must be no higher than 48 inches above the interior floor level. Receptacles shall be a minimum of 15 inches above the interior floor level. R320.3.4 Visitability routes within the dwelling unit. A bathroom group or half bath designated for visitability must be visitable by a route through the living room, dining room, and kitchen that provides a minimum clear width of 32 inches, and any interior doors on the route must have lever handles. 35. SECTION R322 FLOOD-RESISTANT CONSTRUCTION is hereby deleted in its entirety and amended to read as follows: SECTION R322 FLOOD-RESISTANT CONSTRUCTION R322.1 General. Buildings and structures constructed in whole or in part in flood hazard areas, including A or V Zones and Coastal A Zones, as established in Table R301.2, and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the provisions contained in this section. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24. R322.1.1 Alternative provisions. As an alternative to the requirements in Section R322, ASCE 24 is permitted subject to the limitations of this code and the limitations therein. R322.1.2 Structural systems. Structural systems of buildings and structures shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses from flooding equal to the design flood elevation. R322.1.3 Flood-resistant construction. Buildings and structures erected in areas prone to flooding shall be constructed by methods and practices that minimize flood damage. R322.1.4 Establishing the design flood elevation. The design flood elevation shall be used to define flood hazard areas. At a minimum, the design flood elevation shall be the higher of the following: 1. The base flood elevation at the depth of peak elevation of flooding, including wave height, that has a 1-percent (100-year flood) or greater chance of being equaled or exceeded in any given year. 2. The elevation of the design flood associated with the area designated on a flood hazard map adopted by the community, or otherwise legally designated. R322.1.4.1 Determination of design flood elevations. If design flood elevations are not specified, the building official is authorized to require the applicant to comply with either of the following: 1. Obtain and reasonably use data available from a federal, state or other source. 2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering practices used to define special flood hazard areas. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted engineering practice. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval. R322.1.4.2 Determination of impacts. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall demonstrate that the effect of the proposed buildings and structures on design flood elevations, including fill, when combined with other existing and anticipated flood hazard area encroachments, will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction. R322.1.5 Lowest floor. The lowest floor shall be the lowest floor of the lowest enclosed area, including basement, and excluding any unfinished flood-resistant enclosure that is useable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the building or structure in violation of this section. R322.1.6 Protection of mechanical, plumbing and electrical systems. Electrical systems, equipment and components; heating, ventilating, air-conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall be located at or above the elevation required in Section R322.2 or R322.3. If replaced as part of a substantial improvement, electrical systems, equipment and components; heating, ventilating, air-conditioning and plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall meet the requirements of this section. Systems, fixtures, and equipment and components shall not be mounted on or penetrate through walls intended to break away under flood loads. Exception: Locating electrical systems, equipment and components; heating, ventilating, air-conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment is permitted below the elevation required in Section R322.2 or R322.3 provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the required elevation in accordance with ASCE 24. Electrical wiring systems are permitted to be located below the required elevation provided that they conform to the provisions of the electrical part of this code for wet locations. R322.1.7 Protection of water supply and sanitary sewage systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems in accordance with the plumbing provisions of this code. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters in accordance with the plumbing provisions of this code and Chapter 3 of the International Private Sewage Disposal Code. R322.1.8 Flood-resistant materials. Building materials and installation methods used for flooring and interior and exterior walls and wall coverings below the elevation required in Section R322.2 or R322.3 shall be flood damage-resistant materials that conform to the provisions of FEMA TB-2. R322.1.9 Manufactured homes. The bottom of the frame of new and replacement manufactured homes on foundations that conform to the requirements of Section R322.2 or R322.3, as applicable, shall be elevated to or above the elevations specified in Section R322.2 (flood hazard areas including A Zones) or R322.3 in coastal high- hazard areas (V Zones and Coastal A Zones). The anchor and tie-down requirements of the applicable state or federal requirements shall apply. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with ASCE 24. R322.1.10 As-built elevation documentation. A registered design professional shall prepare and seal documentation of the elevations specified in Section R322.2 or R322.3. R322.2 Flood hazard areas (including A Zones). Areas that have been determined to be prone to flooding and that are not subject to high-velocity wave action shall be designated as flood hazard areas. Flood hazard areas that have been delineated as subject to wave heights between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise designated by the jurisdiction shall be designated as Coastal A Zones and are subject to the requirements of Section R322.3. Buildings and structures constructed in whole or in part in flood hazard areas shall be designed and constructed in accordance with Sections R322.2.1 through R322.2.4. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas, not including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 1 foot (305 mm), or not less than 3 feet (915 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 1 foot (305 mm), or the design flood elevation, whichever is higher. 4. Garage and carport floors shall comply with one of the following: 4.1. They shall be elevated to or above the elevations required in Item 1 or Item 2, as applicable. 4.2. They shall be at or above grade on not less than one side. Where a garage or carport is enclosed by walls, the garage or carport shall be used solely for parking, building access or storage. Exception: Enclosed areas below the elevation required in this section, including basements with floors that are not below grade on all sides, shall meet the requirements of Section R322.2.2. R322.2.2 Enclosed area below required elevation. Enclosed areas, including crawl spaces, that are below the elevation required in Section R322.2.1 shall: 1. Be used solely for parking of vehicles, building access or storage. 2. Be provided with flood openings that meet the following criteria and are installed in accordance with Section R322.2.2.1: 2.1. The total net area of nonengineered openings shall be not less than 1 square inch (645 mm2) for each square foot (0.093 m2) of enclosed area where the enclosed area is measured on the exterior of the enclosure walls, or the openings shall be designed as engineered openings and the construction documents shall include a statement by a registered design professional that the design of the openings will provide for equalization of hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters as specified in Section 2.7.2.2 of ASCE 24. 2.2. Openings shall be not less than 3 inches (76 mm) in any direction in the plane of the wall. 2.3. The presence of louvers, blades, screens and faceplates or other covers and devices shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in the determination of the net open area. R322.2.2.1 Installation of openings. The walls of enclosed areas shall have openings installed such that: 1. There shall be not less than two openings on different sides of each enclosed area; if a building has more than one enclosed area, each area shall have openings. 2. The bottom of each opening shall be not more than 1 foot (305 mm) above the higher of the final interior grade or floor and the finished exterior grade immediately under each opening. 3. Openings shall be permitted to be installed in doors and windows; doors and windows without installed openings do not meet the requirements of this section. R322.2.3 Foundation design and construction. Foundation walls for buildings and structures erected in flood hazard areas shall meet the requirements of Chapter 4. Exception: Unless designed in accordance with Section R404: 1. The unsupported height of 6-inch (152 mm) plain masonry walls shall be not more than 3 feet (914 mm). 2. The unsupported height of 8-inch (203 mm)plain masonry walls shall be not more than 4 feet (1219 mm). 3. The unsupported height of 8-inch (203 mm) reinforced masonry walls shall be not more than 8 feet (2438 mm). For the purpose of this exception, unsupported height is the distance from the finished grade of the under-floor space to the top of the wall. R322.2.4 Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Above-ground tanks shall be installed at or above the elevation required in Section R322.2.1 or shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. R322.3 Coastal high-hazard areas (including V Zones and Coastal A Zones, where designated). Areas that have been determined to be subject to wave heights in excess of 3 feet (914 mm) or subject to high-velocity wave action or wave-induced erosion shall be designated as coastal high hazard areas. Flood hazard areas that have been designated as subject to wave heights between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise designated by the jurisdiction shall be designated as Coastal A Zones. Buildings and structures constructed in whole or in part in coastal high-hazard areas and Coastal A Zones, where designated, shall be designed and constructed in accordance with Sections R322.3.1 through R322.3.10. R322.3.1 Location and site preparation. 1. New buildings and buildings that are determined to be substantially improved pursuant to Section R105.3.1.1 shall be located landward of the reach of mean high tide. 2. For any alteration of sand dunes and mangrove stands, the building official shall require submission of an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. R322.3.2 Elevation requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structural members supporting the lowest floor, with the exception of piling, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 1 foot (305 mm) or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. Garages used solely for parking, building access or storage, and carports shall comply with Item 1 or shall be at or above grade on not less than one side and, if enclosed with walls, such walls shall comply with Item 6. 4. The use of fill for structural support is prohibited. 5. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 6. Walls and partitions enclosing areas below the elevation required in this section shall meet the requirements of Sections R322.3.5 and R322.3.6. R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns and shall comply with the following: 1. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.5. 2. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift) and pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. 3. Columns and their supporting foundations shall be designed to resist combined wave and wind loads, lateral and uplift, and shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the columns. Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave-velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. 4. Flood and wave loads shall be those associated with the design flood. Wind loads shall be those required by this code. 5. Foundation designs and construction documents shall be prepared and sealed in accordance with Section R322.3.9. Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or gravel to the underside of the floor system shall be permitted provided that the foundations are designed to account for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to account for the loss of soil. R322.3.4 Concrete slabs. Concrete slabs used for parking, floors of enclosures, landings, decks, walkways, patios and similar uses that are located beneath structures, or slabs that are located such that if undermined or displaced during base flood conditions could cause structural damage to the building foundation, shall be designed and constructed in accordance with one of the following: 1. To be structurally independent of the foundation system of the structure, to not transfer flood loads to the main structure, and to be frangible and break away under flood conditions prior to base flood conditions. Slabs shall be a maximum of 4 inches (102 mm) thick, shall not have turned down edges, shall not contain reinforcing, shall have isolation joints at pilings and columns, and shall have control or construction joints in both directions spaced not more than 4 feet (1219 mm) apart. 2. To be self-supporting, structural slabs capable of remaining intact and functional under base flood conditions, including erosion and local scour, and the main structure shall be capable of resisting any added flood loads and effects of local scour caused by the presence of the slabs. R322.3.5 Walls below required elevation. Walls and partitions are permitted below the elevation required in Section R322.3.2, provided that such walls and partitions are not part of the structural support of the building or structure and: 1. Electrical, mechanical and plumbing system components are not to be mounted on or penetrate through walls that are designed to break away under flood loads; and 2. Are constructed with insect screening or open lattice; or 3. Are designed to break away or collapse without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Such walls, framing and connections shall have a resistance of not less than 10 (479 Pa) and not more than 20 pounds per square foot (958 Pa) as determined using allowable stress design; or 4. Where wind loading values of this code exceed 20 pounds per square foot (958 Pa), as determined using allowable stress design, the construction documents shall include documentation prepared and sealed by a registered design professional that: 4.1. The walls and partitions below the required elevation have been designed to collapse from a water load less than that which would occur during the base flood. 4.2. The elevated portion of the building and supporting foundation system have been designed to withstand the effects of wind and flood loads acting simultaneously on structural and nonstructural building components. Water- loading values used shall be those associated with the design flood. Wind- loading values shall be those required by this code. 5. Walls intended to break away under flood loads as specified in Item 3 or 4 have flood openings that meet the criteria in Section R322.2.2, Item 2. R322.3.6 Enclosed areas below required elevation. Enclosed areas below the elevation required in Section R322.3.2 shall be used solely for parking of vehicles, building access or storage. R322.3.6.1 Protection of building envelope. An exterior door that meets the requirements of Section R609 shall be installed at the top of stairs that provide access to the building and that are enclosed with walls designed to break away in accordance with Section R322.3.5. R322.3.7 Stairways and ramps. Stairways and ramps that are located below the lowest floor elevations specified in Section R322.3.2 shall comply with one or more of the following: 1. Be designed and constructed with open or partially open risers and guards. 2. Stairways and ramps not part of the required means of egress shall be designed and constructed to break away during design flood conditions without causing damage to the building or structure, including foundation. 3. Be retractable, or able to be raised to or above the lowest floor elevation, provided that the ability to be retracted or raised prior to the onset of flooding is not contrary to the means of egress requirements of the code. 4. Be designed and constructed to resist flood loads and minimize transfer of flood loads to the building or structure, including foundation. Areas below stairways and ramps shall not be enclosed with walls below the required in Section R322.3.2 elevation unless such walls are constructed in accordance with Section R322.3.5. R322.3.8 Decks and porches. Attached decks and porches shall meet the elevation requirements of Section R322.3.2 and shall either meet the foundation requirements of this section or shall be cantilevered from or knee braced to the building or structure. Self-supporting decks and porches that are below the elevation required in Section R322.3.2 shall not be enclosed by solid, rigid walls, including walls designed to break away. Self-supporting decks and porches shall be designed and constructed to remain in place during base flood conditions or shall be frangible and break away under base flood conditions. R322.3.9 Construction documents. The construction documents shall include documentation that is prepared and sealed by a registered design professional that the design and methods of construction to be used meet the applicable criteria of this section. R322.3.10 Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Above-ground tanks shall be installed at or above the elevation required in Section R322.3.2. Where elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall be supported on foundations that conform to the requirements of Section R322.3. R322.1 General. Buildings and structures constructed in whole or in part in flood hazard areas shall be designed and constructed in accordance with the provisions of the City Code, Chapter 10, Flood Prevention and Protection. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall demonstrate that the cumulative effect of the proposed buildings and structures on design flood elevations, including fill, when combined with all other existing and anticipated development, will not increase the design flood elevation more than one foot at any point within the City. 36. A new SECTION R331 RESOURCE EFFICIENCY is hereby added to read as follows: SECTION R331 RESOURCE EFFICIENCY R331.1 Construction waste management. For remodels and additions over 2,500 square feet, and for all new buildings, a construction waste management plan acceptable to the building official is required at the time of application for a building permit. The construction waste management plan shall be implemented and conspicuously posted on the construction site. All concrete, asphalt, masonry, wood, metals, and cardboard shall be recycled. All mixed construction and demolition materials (as defined in § 12-16 of the City Code) shall be delivered to any facility identified in and disposed of in accordance with § 12-22(c) of the City Code. Compliance shall be certified by inspection and documentation and signed final construction waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. All roofing permits are required to submit a final waste management plan and documentation. R331.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be processed in such a way as to safely remove all asbestos and lead paint contaminants. For all demolitions, excluding non-structural demolitions under 1000 square feet a demolition waste management plan acceptable to the building official is required at the time of application for a demolition permit. All metals, asphalt, concrete, and masonry that are free of asbestos and lead paint shall be recycled, and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood, shall be recycled. All mixed construction and demolition materials (as defined in § 12- 16 of the City Code) shall be delivered to any facility identified in and disposed of in accordance with § 12-22(c) of the City Code. Compliance shall be certified by inspection, documentation, and signed final demolition waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. R331.2 Exterior lighting. All exterior lighting fixtures shall be down directional and fully shielded luminaires and shall have a nominal correlated color temperature (CCT) of no greater than 3000 Kelvin. R331.3 Operations and maintenance. In new buildings, operation and maintenance information addressing all installed systems shall be provided to the building owner. R331.4 Electrical Vehicle Ready. All new single family dwellings with an attached garage or carport shall be provided one continuous 40-amp, 208/240-Volt dedicated branch circuit for electric vehicle supply equipment that is terminated at a receptacle or electric vehicle supply equipment. Exception: In cases where a transformer upgrade is required. 37. Section R401.1 Application is hereby amended to read as follows: R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas prone to flooding as established by Table R301.2 shall meet the provisions of Section R322. All foundations shall be designed by a qualified professional licensed in the State of Colorado. Such designs shall be performed in accordance with accepted and approved engineering practices, including considerations for soil load-bearing capacities, surface and subsurface water conditions, adequate foundation and floor drainage, adequate ventilation of enclosed interior foundation spaces, and foundation waterproofing and damp-proofing. Final engineer’s reports, indicating their acceptance of the above requirements, shall be submitted to the building official prior to the issuance of the Certificate of Occupancy. Wood foundations shall be designed and installed in accordance with AWC PWF. Exceptions: 1. Foundations for non-habitable detached accessory buildings. 2. The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations: 1.a. In buildings that have no more than two floors and a roof. 2.b. When interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm). Wood foundations in Seismic Design Category D0, D1 or D2 shall be designed in accordance with accepted engineering practice. 38. A new Section R401.5 Placement of Backfill is hereby added to read as follows: R401.5 Placement of Backfill. The excavation outside the foundation, including utility trenches and excavation ramp, shall be backfilled with soil that is substantially free of organic material, construction debris and cobbles, boulders, and solid soil masses larger than 6 inches (152 mm) diameter; or of frozen soil. The backfill shall be placed in lifts and compacted as set forth in the engineering documents. The backfill shall be placed in a manner that does not damage the foundation or the waterproofing or damp-proofing material. Excavation ramps shall be backfilled in such a manner that the ramp does not become a conduit for surface water to flow toward the foundation. Where excavations include more than one structure, a specially engineered drainage system may be required by the building official. 39. Section R405.1 Concrete or masonry foundations is hereby amended to read as follows (Table R405.1 is retained in its entirety): R405.1 Concrete or masonry foundations. Drains shall be provided around concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the top of the footing or below the bottom of the slab and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (152 mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on not less than 2 inches (51 mm) of washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (152 mm) of the same material. R405.1 Concrete or masonry foundations. Drains consisting of piping conforming with ASTM Designation D2729- 89 shall be provided adjacent to the lowest concrete or masonry foundations that retain earth and enclose spaces that are partially or entirely located below grade. Unless perimeter drains are designed to daylight, they shall terminate in sump pits with an electrical power source permanently installed within 36 inches (914 mm) of the sump opening. Piping for sump pumps shall discharge at least 60 inches (1524 mm) away from foundations, or as otherwise approved by the building official. Drains shall be installed in bedding materials that are of such size and installed in such manner to allow ground water to seep into the perimeter drain. Filter fabric or other measures to restrict the passage of fines shall be used to further protect the perimeter drain from blockage. Exception: A drainage system is not required where it has been determined by the engineer of record that the foundation is installed on well-drained ground or sand gravel mixture soils according to the Unified Soil Classification System, Group I Soils, as detailed in Table R405.1. 40. A new Section R405.3 Landscape irrigation is added to read as follows: R405.3 Landscape irrigation. Landscape irrigation systems, other than drip systems, shall be installed such that the ground surface within 60 inches (1524 mm), measured perpendicular from the foundation, is not irrigated. 41. Section R408.2 Openings for under-floor ventilation is hereby amended to read as follows: R408.2 Openings for uUnder-floor ventilation. Underfloor ventilation shall be provided per Section R408.3 except where high groundwater conditions exist that would require a vented under-floor space (“cold crawl”), Vventilation openings through foundation or exterior walls surrounding the under-floor space shall be provided in accordance with this section. The minimum net area of ventilation openings shall be not less than 1 square foot (0.0929 m2) for each 150 square feet (14 m2) of under-floor area. One ventilation opening shall be within 3 feet (915 mm) of each external corner of the under-floor space. Ventilation openings shall be covered for their height and width with any of the following materials provided that the least dimension of the covering shall not exceed 1/4 inch (6.4 mm), and operational louvers are permitted: 1. Perforated sheet metal plates not less than 0.070 inch (1.8 mm) thick. 2. Expanded sheet metal plates not less than 0.047 inch (1.2 mm) thick. 3. Cast-iron grill or grating. 4. Extruded load-bearing brick vents. 5. Hardware cloth of 0.035 inch (0.89 mm) wire or heavier. 6. Corrosion-resistant wire mesh, with the least dimension being 1/8 inch (3.2 mm) thick. Exceptions: 1. The total area of ventilation openings shall be permitted to be reduced to 1/1,500 of the under-floor area where the ground surface is covered with an approved Class I vapor retarder material. 2. Where the ground surface is covered with an approved Class 1 vapor retarder material, ventilation openings are not required to be within 3 feet (915 mm) of each external corner of the underfloor space provided that the openings are placed to provide cross ventilation of the space. 42. A new Section R408.3.1 Spaces under below-grade floors is hereby added to read as follows: R408.3.1 Spaces under below-grade floors. Mechanical ventilation systems for spaces under below-grade floors shall be designed by a professional engineer and installed in accordance with such designs or a mechanical ventilation system for spaces under below-grade floors shall be provided with an active, fan assisted submembrane depressurization system installed per IRC APPENDIX AF, RADON CONTROL METHODS. In addition, the space above the soil-gas-retarder and below the floor shall be provided with continuously operated mechanical exhaust ventilation at a rate equal to 1 cubic foot per minute for each 50 square feet of under floor area and either mechanical supply air at the same rate, or an air pathway (such as a duct or transfer grille) to the common area that is not located in rooms containing open combustion fuel burning appliances. 43. Section R702.7 Vapor retarders is hereby amended to read as follows: R702.7 Vapor retarders. Vapor retarder materials shall be classified in accordance with Table R702.7(1). A vapor retarder shallmay be provided on the interior side of frame walls of the class indicated in Table R702.7(2), including compliance with Table R702.7(3) or R702.7(4) where applicable. Class I vapor retarders are not allowed on basement foundation walls or any concrete or masonry below grade wall. An approved design using accepted engineering practice for hygrothermal analysis shall be permitted as an alternative. The climate zone shall be determined in accordance with IECC Section N1101.7R301.1. Exceptions: 1. Basement walls. 2. Below-grade portion of any wall. 31. Construction where accumulation, condensation or freezing of moisture will not damage the materials. 42. A vapor retarder shall not be required in Climate Zones 1, 2 and 3. 44. TABLE R702.7(2) VAPOR RETARDER OPTIONS is amended to read as follows: TABLE R702.7(2) VAPOR RETARDER OPTIONS CLIMATE ZONE VAPOR RETARDER CLASS CLASS Ia CLASS IIa CLASS IIIa 1, 2 Not Permitted Not Permitted Permitted 3, 4 (except Marine 4) Not Permitted Permittedc Permitted Marine 4, 5, 6, 7, 8 Permittedb Permittedc See Table R702.7(3)Permitted a. Class I and II vVapor retarders with vapor permeance greater than 1 perm when measured by ASTM E96 water method (Procedure B) shall be allowed on the interior side of any frame wall in all climate zones. b. Use of a Class I interior vapor retarder in frame walls with a Class I vapor retarder on the exterior side shall require an approved design. c. Where a Class II vapor retarder is used in combination with foam plastic insulating sheathing installed as continuous insulation on the exterior side of frame walls, the continuous insulation shall comply with Table R702.7(4) and the Class II vapor retarder shall have a vapor permeance greater than 1 perm when measured by ASTM E96 water method (Procedure B). 45. A new Section R703.11.3 Vinyl siding and soffits on new buildings is hereby added to read as follows: Section R703.11.3 Vinyl siding and soffits on new buildings. Vinyl siding and soffits on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. 46. A new Section R703.13.2 Insulated vinyl siding and soffits on new buildings is hereby added to read as follows: Section R703.13.2 Insulated vinyl siding and soffits on new buildings. Insulated vinyl siding and soffits on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. 47. Section R703.14.1.1 Installation is hereby amended to read as follows: Section R703.14.1.1 Installation. Polypropylene siding on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. Polypropylene siding shall be installed over and attached to wood structural panel sheathing with minimum thickness of 7/16 inch (11.1 mm), or other substrate, composed of wood or wood-based material and fasteners having equivalent withdrawal resistance. 48. Section R902.1 Roofing Covering Materials is hereby deleted in its entirety and replaced with the following: R902.1 Roof covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B or C roofing shall be installed in jurisdictions designated by law as requiring their use or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Class A, B and C roofing required by this section to be listed shall be tested in accordance with ASTM E108 or UL 790. Exceptions: 1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck. 2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks. 3. Class A roof assemblies include minimum 16 ounces per square foot (4.882 kg/m2) copper sheets installed over combustible decks. 4. Class A roof assemblies include slate installed over underlayment over combustible decks. R902.1 Roofing covering materials. Except as otherwise allowed, roofs shall be covered with materials listed as Class A and with materials as set forth in Sections R904 and R905. Classes A, B and C roofing required to be listed by this section must be tested in accordance with UL 790 or ASTM E 108. Roof assemblies with coverings of brick, masonry, slate, clay or concrete roof tile, exposed concrete roof deck, ferrous or copper shingles or sheets, and metal sheets and shingles, shall be considered Class A roof coverings. Exception: Any Class B or Class C roof covering may be applied on any new construction that is added to an existing building, provided the roof extremities of such existing building and new construction are located a minimum distance of 5 feet (1.524 m) from the nearest adjacent property line and are a minimum distance of 10 feet (3.048 m) from another building. 49. In Section R905.1.2 Ice barriers is retained in its entirety, and a new Exception #2 is hereby added to read as follows: . . . Exceptions: 1. Detached accessory structures not containing conditioned floor area. 2. Re-roofing where the existing roof covering has not been removed. 50. Section R905.2.1 Sheathing requirements is hereby amended to read as follows: R905.2.1 Sheathing requirements. Asphalt shingles shall be fastened to solidly sheathed decks. Gaps in the solid decking shall not exceed 1/8 inch. 51. A new Section R905.2.4.2 Impact resistance of asphalt shingles is hereby added to read as follows: R905.2.4.2 Impact resistance of asphalt shingles. Asphalt shingles shall be Class 4 impact resistant and be tested in accordance with UL 2218 and installed in accordance with the manufacturer’s installation instructions. Exceptions: 1. When existing asphalt shingles are less than class 4 impact resistant, and the owner wishes to replace the existing asphalt shingles with tiles of a similar color or tile, and there are no class 4 impact resistance shingles available that are similar color or style of the existing asphalt shingles, the building official may approve alternate materials that are less than class 4 impact resistant; however, the building official will impose the highest class of impact resistance that are available that match the color or style of the existing asphalt shingles. If no impact resistant materials are available, the building official may approve non-impact resistant materials if the alternate materials meet all other applicable requirements of this code. 2. When the owner is repairing or adding to existing asphalt singles that are less than class 4 impact resistant, the owner may use the same or similar materials as the current existing asphalt shingles, even if that same or similar material is not impact resistant. 52. Section R908.1 General is hereby amended to read as follows: R908.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 9. Exceptions: 1. Reroofing shall not be required to meet the minimum design slope requirement of one-quarter unit vertical in 12 units horizontal (2-percent slope) in Section R905 for roofs that provide positive roof drainage. 2. For roofs that provide positive drainage, recovering or replacing an existing roof covering shall not require the secondary (emergency overflow) drains or scuppers of Section R903.4.1 to be added to an existing roof. 3. Any existing roof covering system may be replaced with a roof covering of the same materials and classification, provided the replacement roof covering has a minimum rating of Class C. 53. Section R1004.1 General is hereby amended to read as follows: R1004.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL 127. Solid fuel fireplaces, fireplace stoves and solid- fuel-type room heaters also shall comply with §5-110 of the City Code and must be installed with a spark arrestor. 54. Section R1004.4 Unvented Gas log Heaters is here by deleted in its entirety. 55. Chapter 11 [RE] ENERGY EFFICIENCY is hereby deleted in its entirety and all provisions for ENERGY EFFICIENCY shall comply with the currently adopted International Energy Conservation Code, IECC--RESIDENTIAL PROVISIONS and its local amendments because the language of this chapter is duplicated within the IECC RESIDENTIAL PROVISIONS. 56. A new SECTION M1309 TESTING AND VERIFICATION is hereby added to read as follows: SECTION M1309 TESTING AND VERIFICATION. M1309.1 General. Installed heating, cooling and ventilation systems shall be performance-tested and adjusted per the Residential New Construction Mechanical Systems Testing Guide as currently adopted by the City of Fort Collins and to operate within design specifications, in accordance with ANSI/ACCA QI 5-2010 HVAC Quality Installation Specification. Documentation of results must be submitted to the building official prior to the issuance of the certificate of occupancy. 57. Section M1401.3 Equipment and appliance sizing is hereby deleted in its entirety and replaced with the following: M1401.3 Equipment and appliance sizing. Heating and cooling equipment and appliances shall be sized in accordance with ACCA Manual S or other approved sizing methodologies based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. Exception: Heating and cooling equipment and appliance sizing shall not be limited to the capacities determined in accordance with ACCA Manual S where either of the following conditions applies: 1. The specified equipment or appliance utilizes multistage technology or variable refrigerant flow technology and the loads calculated in accordance with the approved heating and cooling calculation methodology are within the range of the manufacturer’s published capacities for that equipment or appliance. 2. The specified equipment or appliance manufacturer’s published capacities cannot satisfy both the total and sensible heat gains calculated in accordance with the approved heating and cooling calculation methodology and the next larger standard size unit is specified. M1401.3 Heating and cooling system design. The design of new heating and cooling systems shall meet the requirements of this section. Design documents shall be submitted to the building official at the time of application for a building permit. M1401.3.1 Equipment and appliance sizing. Heating and cooling equipment and appliances shall be sized in accordance with ACCA Manual S, based on design building loads calculated in accordance with ACCA Manual J, or other equivalent methodology approved by the building official, using thermal design parameters in Table R301.2 as amended. The total equipment or appliance output capacity shall be between the following limits, as applicable for the equipment type: 1. 95% and 115% of calculated system cooling load, for air conditioners and heat pumps; 2. 95% and 125% of calculated system cooling load, for heat pumps with winter heating dominated requirements; 3. 100% and 140% of calculated system heating load, for warm air systems, unless dictated by the cooling equipment selection; and 4. 100% and 115% of calculated system heating load, for heating boilers. When there is no equipment available to satisfy these applicable capacity limits, the next largest nominal piece of equipment that is available may be used. M1401.3.2 Room loads. Room-by-room design heating and cooling loads shall be calculated. M1401.3.3 Matched components. Air-conditioning, Heating and Refrigeration Institute (AHRI) matched evaporators, condensing units and air handlers shall be required. 58. A new Section, M1402.4 Total Electric Heating is hereby added to read as follows: M1402.4 Total Electric Heating. Primary indoor central heating systems utilizing only electric heat shall utilize a ground source heat pump system(s) or cold climate heat pump system(s) specifically designed to heat in cold climates and at the Winter Outdoor, Design Dry-Bulb temp defined in IECC Section C301.5. The heat pump system shall not be gas or propane fuel fired. Electric resistance strip heat shall only serve as emergency back-up heat or supplemental heat at outdoor temperatures below 15o F as necessary. 59. Section, M1414.1 General is hereby amended to read as follows: M1414.1 General. Fireplace stoves shall be listed, labeled and installed in accordance with the terms of the listing. Fireplace stoves shall be tested in accordance with UL 737. Wood burning appliances shall meet the latest emission standards as required by the State of Colorado and Federal Regulation 40 CFR Part 60, Subpart AAA. 60. A new Section M1501.2 Indoor depressurization is hereby added to read as follows: M1501.2 Indoor depressurization. Ducted exhaust systems shall not induce or create a negative pressure sufficient to cause back-drafting of naturally vented, open combustion-chamber or fuel-burning appliances, nor create negative pressure in excess of negative 3 Pa. in the immediate proximity of combustion chambers of such appliances. 61. Section M1502.4.2 Duct installation is amended to read as follows: M1502.4.2 Duct installation. Exhaust ducts shall be supported at intervals not to exceed 12 feet (3658 mm) and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners that protrude more than 1/8 inch (3.2 mm) into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. 62. Section M1505.4 Whole-house mechanical ventilation system is hereby deleted in its entirety and replaced with the following: M1505.4 Whole-house mechanical ventilation system. Whole-house mechanical ventilation systems shall be designed in accordance with Sections M1505.4.1 through M1505.4.4. M1505.4 Whole-dwelling unit mechanical ventilation system. For new dwellings, a mechanical exhaust system, supply system, or combination thereof shall be installed for each dwelling unit to provide whole-dwelling unit ventilation. Such system shall comply with Sections M1505.4.1 through M1505.4.4. System design documents must be submitted to the building official at the time of application for a building permit. 63. Section M1601.1 Duct design is hereby amended to read as follows: M1601.1 Duct design. Duct systems serving heating, cooling and ventilation equipment in new buildings, or new duct systems in additions, shall be designed and fabricated in accordance with the provisions of this section and ACCA Manual D or other approved methods. 64. In Section M1601.1.1 Above-ground duct systems, Items 7 through 7.6 are hereby deleted in their entirety. 7. Stud wall cavities and the spaces between solid floor joists to be used as air plenums shall comply with the following conditions: 7.1. These cavities or spaces shall not be used as a plenum for supply air. 7.2. These cavities or spaces shall not be part of a required fire-resistance-rated assembly. 7.3. Stud wall cavities shall not convey air from more than one floor level. 7.4. Stud wall cavities and joist-space plenums shall be isolated from adjacent concealed spaces by tight-fitting fireblocking in accordance with Section R302.11. Fireblocking materials used for isolation shall comply with Section R302.11.1. 7.5. Stud wall cavities in the outside walls of building envelope assemblies shall not be utilized as air plenums. 7.6. Building cavities used as plenums shall be sealed. 65. A new Section M1601.4.11 Construction debris and contamination is hereby added to read as follows: M1601.4.11 Construction debris and contamination. Mechanical air-handling systems and their related ducts shall be protected from the entrance of dirt, debris, and dust during the construction and installation process. Prior to passing final inspection or issuance of a certificate of occupancy, such systems shall be substantially free of construction-related contaminants. 66. Section M1602.2 Return Air Openings is hereby amended to read as follows: M1602.2 Return Air Openings. A return air path shall be provided in all habitable rooms by means of ducts or transfer grills. Return air openings for heating, ventilation and air conditioning systems shall comply with all of the following: 1. Openings shall not be located less than 10 feet (3048 mm) measured in any direction from an open combustion chamber or draft hood of another appliance located in the same room or space. 2. The amount of return air taken from any room or space shall be not greater than the flow rate of supply air delivered to such room or space. 3. Return and transfer openings shall be sized in accordance with the appliance or equipment manufacturer’s installation instructions, Manual D or the design of the registered design professional. 4. Return air shall not be taken from a closet, bathroom, toilet room, kitchen, garage, mechanical room, boiler room, furnace room or unconditioned attic. Exceptions: 1. Taking return air from a kitchen is not prohibited where such return air openings serve the kitchen only, and are located not less than 10 feet (3048 mm) from the cooking appliances. 2. Dedicated forced-air systems serving only the garage shall not be prohibited from obtaining return air from the garage. 5. For other than dedicated HVAC systems, return air shall not be taken from indoor swimming pool enclosures and associated deck areas except where the air in such spaces is dehumidified,. 6. Taking return air from an unconditioned crawl space shall not be accomplished through a direct connection to the return side of a forced-air furnace. Transfer openings in the crawl space enclosure shall not be prohibited. 7. Return air from one dwelling unit shall not be discharged into another dwelling unit. 67. Section G2404.3 (301.3) Listed and labeled is hereby amended to read as follows: G2404.3 (301.3) Listed and labeled. Appliances regulated by this code shall be listed and labeled for the application in which they are used unless otherwise approved in accordance with Section R104.11. The approval of unlisted appliances in accordance with Section R104.11 shall be based upon approved engineering evaluation. 68. Section G2406.2 (303.3) Prohibited locations is hereby amended by only deleting the exceptions in Items #3 and #4. . . . 3. A single wall-mounted unvented room heater is installed in a bathroom and such unvented room heater is equipped as specified in Section G2445.6 and has an input rating not greater than 6,000 Btu/h (1.76 kW). The bathroom shall meet the required volume criteria of Section G2407.5. 4. A single wall-mounted unvented room heater is installed in a bedroom and such unvented room heater is equipped as specified in Section G2445.6 and has an input rating not greater than 10,000 Btu/h (2.93 kW). The bedroom shall meet the required volume criteria of Section G2407.5. . . . 69. Section G2407.11 (304.11) Combustion air ducts is hereby amended by only adding a new Item #9 to read as follows: . . . 9. All combustion air openings or ducts shall be readily identifiable with an approved label or by other means warning persons that obstruction of such openings or ducts may cause fuel-burning equipment to release combustion products and dangerous levels of carbon monoxide into the building. 70. Section G2415.12 (404.12) Minimum burial depth is hereby amended to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) below grade, except as provided for in Section G2415.12.118 inches below grade. 71. Section G2415.12.1 (404.12.1) Individual outside appliance is hereby deleted in its entirety. 72. Section G2417.4.1 (406.4.1) Test pressure is hereby deleted in its entirety and replaced with the following: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 11/2 times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. G2417.4.1 (406.4.1) Test pressure. The test pressure to be used for non-welded pipe shall be 10 psi minimum. 73. Section G2425.8 (501.8) Appliances not required to be vented is hereby amended to read as follows: G2425.8 (501.8) Appliances not required to be vented. The following appliances shall not be required to be vented: 1. Electric ranges. 2. Electric Bbuilt-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section G2439). 5. Refrigerators. 6. Counter appliances. 7. Room heaters listed for unvented use. 74. Section G2427.6.5 (503.6.5) Minimum height is hereby amended to read as follows: G2427.6.5 (503.6.6) Minimum height. A Type B or L gas vent shall terminate not less than 5 feet (1524 mm) in vertical height above the highest connected appliance draft hood or flue collar. A Type B-W gas vent shall terminate at least 12 feet (3658 mm) in vertical height above the bottom of the wall furnace. All gas vents shall terminate a minimum of 22 inches (559 mm) above the surface or grade directly below. 75. SECTION G2445 (621) UNVENTED ROOM HEATERS is hereby deleted in its entirety. 76. A new Section G2447.6 (623.8) Gas cooking appliances is hereby added to read as follows: G2447.6 Gas cooking appliances. Gas cooking appliances shall be supplied with an exhaust system vented to the outside in accordance with section M1503. Ducts serving gas appliance exhaust systems shall not terminate in an attic or crawl space or areas inside the building, shall not induce or create negative pressure in excess of negative 3 Pa, nor shall they adversely affect gravity-vented appliances. 77. A new Section G2451.3 (630.3) Combustion and ventilation air is hereby added to read as follows: G2451.3 (630.3) Combustion and ventilation air. Where infrared heaters are installed, natural or mechanical means shall provide outdoor ventilation air at a rate of not less than 4 cfm per 1,000 Btu/h (0.38 m3/min/kW) of the aggregate input rating of all such heaters installed in the space. Outdoor exhaust openings for removing flue products shall terminate above the level of the heaters. 78. Section P2503.5.1 Rough Plumbing is hereby amended to read as follows: P2503.5.1 Rough plumbing. DWV systems shall be tested on completion of the rough piping installation by water, by air for piping systems other than plastic, or by a vacuum of air for plastic piping systems, without evidence of leakage. The test shall be applied to the drainage system in its entirety or in sections after rough-in piping has been installed, as follows: 1. Water test. Each section shall be filled with water to a point not less than 10 feet (3048 mm) above the highest fitting connection in that section, or to the highest point in the completed system. Water shall be held in the section under test for a period of 15 minutes. The system shall prove leak free by visual inspection. 2. Air test. The portion under test shall be maintained at a gauge pressure of 5 pounds per square inch (psi) (34 kPa) or 10 inches of mercury column (34 kPa). This pressure shall be held without introduction of additional air for a period of 15 minutes. 3. Vacuum test. The portion under test shall be evacuated of air by a vacuum-type pump to achieve a uniform gauge pressure of -5 pounds per square inch or a negative 10 inches of mercury column (-34 kPa). This pressure shall be held without the removal of additional air for a period of 15 minutes. 79. Section P2903.2 Maximum flow and water consumption is hereby amended to read as follows: P2903.2 Maximum flow and water consumption. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table P2903.2, and shall be Environmental Protection Agency (EPA) WaterSense® labeled fixtures, except for fixture types that are not labeled under the WaterSense® program. 80. TABLE P2903.2 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGSb is hereby deleted in its entirety and amended to read as follows: TABLE P2903.2 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGSb For SI: 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa. a. A hand-held shower spray shall be considered to be a shower head. b. Consumption tolerances shall be determined from referenced standards. c. In existing buildings not increasing the building size, a 1.28 gpf maximum water closet is allowed. PLUMBING FIXTURE OR FIXTURE FITTING MAXIMUM FLOW RATE OR QUANTITY Lavatory faucet 2.21.5 gpm at 60 psi Shower heada 2.51.8 gpm at 80 psi Sink faucet 2.21.8 gpm at 60 psi Water closet 1.61.1 gallons per flushing cycle, with minimum MaP threshold of 600 grams. Dual flush gallons per flushing cycle: Average of three flushes (two reduced flushes and one full flush).c 81. APPENDIX AE MANUFACTURED HOUSING USED AS DWELLINGS is hereby adopted in its entirety. 82. APPENDIX AF RADON CONTROL METHODS is hereby adopted in its entirety, with the following amendments: Section AF101.1 General is hereby amended to read as follows: AF101.1 General. This appendix contains requirements for new construction in jurisdictions where radon-resistant construction is required. Radon-resistant construction is required for all new dwellings constructed under this code as prescribed in this Appendix. Inclusion of this appendix by jurisdictions shall be determined through the use of locally available data or determination of Zone 1 designation in Figure AF101.1 and Table AF101.1 Section AF103.1 General is hereby amended is read as follows: AF103.1 General. The following construction techniques are intended to resist radon entry and prepare the building for post-construction radon mitigation, if necessary (see FigureAF103). These techniques are required in areas where designated by the jurisdiction. Section AF103.2 Subfloor preparation is hereby amended to read as follows: AF103.2 Subfloor preparation. A layer of gas-permeable material shall may be placed under all concrete slabs and other floor systems that directly contact the ground and are within the walls of the living spaces of the building, to facilitate future installation of a subslab depressurization system, if needed. Each radon reduction vent pipe riser shall serve no more than 4,000 square feet of uninterrupted under slab/floor area. The gas-permeable layer shall consist of one of the following: 1. A uniform layer of clean aggregate, not less than 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve. 2. A uniform layer of sand (native or fill), not less than 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases. 3. Other materials, systems or floor designs with demonstrated capability to permit depressurization across the entire subfloor area. Section AF103.3 Soil-gas-retarder is hereby deleted in its entirety and replaced with the following: AF103.3 Soil-gas-retarder. A minimum 6-mil (0.15 mm) [or 3-mil (0.075 mm) cross- laminated] polyethylene or equivalent flexible sheeting material shall be placed on top of the gas-permeable layer prior to casting the slab or placing the floor assembly to serve as a soil-gas-retarder by bridging any cracks that develop in the slab or floor assembly, and to prevent concrete from entering the void spaces in the aggregate base material. The sheeting shall cover the entire floor area with separate sections of sheeting lapped not less than 12 inches (305 mm). The sheeting shall fit closely around any pipe, wire or other penetrations of the material. Punctures or tears in the material shall be sealed or covered with additional sheeting. AF103.3 Soil-gas-retarder. The soil in crawl spaces shall be covered with a continuous layer of a minimum 6-mil (0.15 mm) polyethylene or 3 mil (0.75 mm) cross-laminated polyethylene soil-gas-retarder. The ground cover shall be lapped not less than 12 inches at joints and sealed or taped. The edges of the ground cover shall extend a minimum of 12 inches (152 mm) up onto all foundation walls enclosing the under-floor space and be sealed to the wall and any footing pads. 6-mil polyethylene also shall be sealed and mechanically fastened to the wall. An interior perimeter drain tile loop shall be connected to a plumbing tee or other approved connection as per AF103.5.3. Section AF103.5 Passive submembrane depressurization system is hereby amended to read as follows: AF103.5 Passive submembrane depressurization system. In buildings with crawl space foundations, the following components of a passive submembrane depressurization system shall be installed during construction. Exception: Buildings in which an approved mechanical crawl space ventilation system or other equivalent system is installed. Section AF103.5.1 Ventilation is hereby deleted in its entirety. A new Section AF103.13 Provisions for future depressurization fan installation is hereby added to read as follows: AF103.13 Provisions for future depressurization fan installation. Permanent provisions shall be made for the future installation of an in-line fan to be connected to every radon vent pipe. Such designated fan locations shall be outside of the conditioned envelope of the building, such as in the attic, garage and similar locations, excluding crawl spaces and other interior under-floor spaces. Designated locations shall accommodate an unobstructed permanent cylindrical space with the following minimum dimensions: 12 inches (305 mm) measured radially around the radon vent pipe along a vertical distance of 30 inches (760 mm). Designated fan locations shall be permanently accessible for servicing and maintenance. An electrical receptacle outlet shall be provided within 4 feet (1.219 m) of and within sight from designated fan locations and installed so as to not be covered by insulation. A light fixture shall be installed in the area of future fan location. Section AF104.1 Testing is hereby amended by deleting only Item #11 (the Exception is retained): . . . 11. Where the radon test result is 4 pCi/L or greater, the system shall be modified and retested until the test result is less than 4 pCi/L. . . . 83. APPENDIX AH PATIO COVERS is adopted in its entirety. 84. APPENDIX AM HOME DAY-CARE R-3 OCCUPANCIES is adopted in its entirety. 85. APPENDIX AQ TINY HOUSES is adopted in its entirety. Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A ORDINANCE NO. 024, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL EXISTING BUILDING CODE AND ADOPTING THE 2021 INTERNATIONAL EXISTING BUILDING CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code, to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes ought to be adopted and that any counterpart International codes previously adopted should be repealed, both to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resources Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety and welfare of the City and its residents that the 2021 International Existing Building Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in the newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Existing Building Code (“IEBC”) and hereby adopts the 2021 IEBC as amended by this Ordinance. Section 3. That Section 5-32 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-32. – Adoption of standards. Pursuant to the power and authority conferred on the City Council by C.R.S. Section § 31- 16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby adopts as the existing building code of the City has adopted the 20182021 International Existing Building Code (2018 IEBC), published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein except as amended pursuant to Section 5-33 of the City Code. The subject matter of the 20182021 International Existing Building Code (2018 IEBC), adopted herein includes comprehensive provisions and standards regulating and controlling the repair, alteration, change of occupancy, addition to and relocation of existing buildings for the purposes of protecting public health, safety and general welfare. Section 4. That Section 5-33 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: Sec. 5-33. - Amendments and deletions to the 2021 International Existing Building Code. The 2021 INTERNATIONAL EXISTING BUILDING CODE adopted herein is hereby amended in the following respects: 1. Section 101.1 Title is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Fort Collins, hereinafter referred to as “this code.” 2. Section 103.1 Creation of agency is hereby deleted in its entirety and replaced with the following: [A] 103.1 Creation of agency. The [INSERT NAME OF DEPARTMENT] is hereby created, and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.1 Entity charged with code administration shall be as determined in accordance with Section 103 of the adopted International Building Code, entitled “Code Administration.” 3. Section 104.10.1 Flood hazard areas is hereby deleted in its entirety and replaced with the following: [A] 104.10.1 Flood hazard areas. For existing buildings located in flood hazard areas for which repairs, alterations and additions constitute substantial improvement, the code official shall not grant modifications to provisions related to flood resistance unless a determination is made that: 1. The applicant has presented good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render compliance with the flood-resistant construction provisions inappropriate. 2. Failure to grant the modification would result in exceptional hardship. 3. The granting of the modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense nor create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances. 4. The modification is the minimum necessary to afford relief, considering the flood hazard. 5. A written notice will be provided to the applicant specifying, if applicable, the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and that construction below the design flood elevation increases risks to life and property. 104.10.1 Flood hazard areas. For existing buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted as established in accordance with the Code of the City, Chapter 10, entitled “Flood Prevention and Protection.” 4. Section 105.3.2 Time limitation of application is hereby amended to read as follows: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 90180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 6. Section 108.1 Payment of Fees is hereby deleted in its entirety and replaced with the following: [A] 108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 108.1 Payment of fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “Fees.” 7. Section 108.4 Work commencing before permit issuance is hereby deleted in its entirety and replaced with the following: [A] 108.4 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to a fee established by the code official that shall be in addition to the required permit fees. 108.4 Work commencing before permit issuance. Requirements shall be as determined in accordance with Section 109.2 of the adopted International Building Code, as amended. 8. Section 112 MEANS OF APPEALS is hereby deleted in its entirety and replaced with the following: SECTION 112 MEANS OF APPEALS [A] 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority 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 code official. [A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. [A] 112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. [A] 112.4 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 112 MEANS OF APPEALS Requirements shall be as determined in accordance with Section 113 of the adopted International Building Code, as amended. 9. Section 113.4 Violation Penalties, is hereby deleted in its entirety and replaced with the following: [A] 113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to penalties as prescribed by law. 113.4 Violation penalties. Requirements shall be as determined in accordance with Section 114.4 of the adopted International Building Code, as amended. 10. Section 703.1 Fire Protection-General is hereby amended to read as follows: 703.1 General. Alterations shall be done in a manner that maintains the level of fire protection provided required. 11. Section 708.1 Minimum requirements is hereby deleted in its entirety and replaced with the following: 708.1 Minimum requirements. Level 1 alterations to existing buildings or structures do not require the entire building or structure to comply with the energy requirements of the International Energy Conservation Code or International Residential Code. The alterations shall conform to the energy requirements of the International Energy Conservation Code or International Residential Code as they relate to new construction only. 708.1 Minimum requirements. The scope of work in Level 1 alterations shall conform to the energy requirements of the International Energy Conservation Code, as amended. Existing building area not affected by the alteration is not required to comply with the energy requirements of the International Energy Conservation Code except where the space undergoes a change of occupancy that would result in an increase in demand for either fossil fuel or electrical energy per International Energy Conservation Code Sections C505 or R505. 12. Section 809.1 Minimum requirements is hereby deleted in its entirety and replaced with the following: 809.1 Minimum requirements. Level 2 alterations to existing buildings or structures are permitted without requiring the entire building or structure to comply with the energy requirements of the International Energy Conservation Code or International Residential Code. The alterations shall conform to the energy requirements of the International Energy Conservation Code or International Residential Code as they relate to new construction only. 809.1 Minimum requirements. The scope of work in Level 2 alterations shall conform to the energy requirements of the International Energy Conservation Code, as amended. Existing building area not affected by the alteration is not required to comply with the energy requirements of the International Energy Conservation Code except where the space undergoes a change of occupancy that would result in an increase in demand for either fossil fuel or electrical energy per International Energy Conservation Code Sections C505 or R505. 13. Section 907.1 Minimum requirements is hereby deleted in its entirety and replaced with the following: 907.1 Minimum requirements. Level 3 alterations to existing buildings or structures are permitted without requiring the entire building or structure to comply with the energy requirements of the International Energy Conservation Code or International Residential Code. The alterations shall conform to the energy requirements of the International Energy Conservation Code or International Residential Code as they relate to new construction only. 907.1 Minimum requirements. The scope of work in Level 3 alterations shall conform to the energy requirements of the International Energy Conservation Code, as amended. Existing building area not affected by the alteration is not required to comply with the energy requirements of the International Energy Conservation Code except where the space undergoes a change of occupancy that would result in an increase in demand for either fossil fuel or electrical energy per International Energy Conservation Code Sections C505 or R505. 14. Section 1103.3 Flood hazard areas is hereby deleted in its entirety and replaced with the following: [BS] 1103.3 Flood hazard areas. Additions and foundations in flood hazard areas shall comply with the following requirements: 1. For horizontal additions that are structurally interconnected to the existing building: 1.1. If the addition and all other proposed work, when combined, constitute substantial improvement, the existing building and the addition shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 1.2. If the addition constitutes substantial improvement, the existing building and the addition shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 2. For horizontal additions that are not structurally interconnected to the existing building: 2.1. The addition shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 2.2. If the addition and all other proposed work, when combined, constitute substantial improvement, the existing building and the addition shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 3. For vertical additions and all other proposed work that, when combined, constitute substantial improvement, the existing building shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 4. For a raised or extended foundation, if the foundation work and all other proposed work, when combined, constitute substantial improvement, the existing building shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 5. For a new foundation or replacement foundation, the foundation shall comply with Section 1612 of the International Building Code, or Section R322 of the International Residential Code, as applicable. 1103.3 Flood hazard areas. For buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted as established in accordance with Chapter 10 of the City Code, entitled “Flood Prevention and Protection.” Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A ORDINANCE NO. 025, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE AND ADOPTING THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code, to the extent as adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes should be adopted and that any counterpart International codes previously adopted should be repealed, both in order to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its residents that the 2021 International Swimming Pool and Spa Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Swimming Pool and Spa Code (“ISPSC”) and hereby adopts 2021 ISPSC as amended by this Ordinance. Section 3. That a new Section 5-34 of the Code of the City of Fort Collins is hereby amended, to read as follows: Sec. 5-34. – Adoption of standards. Pursuant to the power and authority conferred on the City Council by Section C.R.S. § 31- 16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby adopts as the existing building code of the City, the City Council has adopted the 20182021 International Swimming Pool and Spa Code (2018 ISPSC), published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein except as amended pursuant to Section 5-107 of the City Code. The subject matter of the 20182021 International Swimming Pool and Spa Code (2018 ISPSC), adopted herein includes comprehensive provisions and standards regulating and controlling the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools and spas for the purpose of protecting public health, safety and general welfare. Section 4. That Section 5-35 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: The 20182021 International Swimming Pool and Spa Code adopted herein is hereby amended in the following respects to read as follows: Sec. 5-35. Amendments and deletions to code the 2021 International Swimming Pool and Spa Code. 1. Section 101.1 Title is hereby amended as follows: 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Fort Collins, hereinafter referred to as “this code.” 2. Sections 102 thru 114 in Chapter One are hereby deleted in their entirety as these sections shall be as determined in accordance with applicable and corresponding Chapter One sections of the adopted International Building Code, as amended. 3. SECTION 304 FLOOD HAZARD AREAS is deleted in its entirety and replaced with the following: SECTION 304 FLOOD HAZARD AREAS 304.1 General. The provisions of Section 304 shall control the design and construction of pools and spas installed in flood hazard areas. [BS] 304.2 Determination of impacts based on location. Pools and spas located in flood hazard areas indicated within the International Building Code or the International Residential Code shall comply with Section 304.2.1 or 304.2.2. Exception: Pools and spas located in riverine flood hazard areas that are outside of designated floodways and pools and spas located in flood hazard areas where the source of flooding is tides, storm surges or coastal storms. [BS] 304.2.1 Pools and spas located in designated floodways. Where pools and spas are located in designated floodways, documentation shall be submitted to the code official that demonstrates that the construction of the pools and spas will not increase the design flood elevation at any point within the jurisdiction. [BS] 304.2.2 Pools and spas located where floodways have not been designated. Where pools and spas are located where design flood elevations are specified but floodways have not been designated, the applicant shall provide a floodway analysis that demonstrates that the proposed pool or spa and any associated grading and filling, will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction. [BS] 304.3 Pools and spas in coastal high-hazard areas. Pools and spas installed in coastal high-hazard areas shall be designed and constructed in accordance with ASCE 24. [BS] 304.4 Protection of equipment. Equipment shall be elevated to or above the design flood elevation or be anchored to prevent flotation and protected to prevent water from entering or accumulating within the components during conditions of flooding. 304.5 GFCI protection. Electrical equipment installed below the design flood elevation shall be supplied by branch circuits that have ground-fault circuit interrupter protection for personnel. SECTION 304 FLOOD HAZARD AREAS 304.1 Flood hazard areas. For buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted as established in accordance with the Code of the City, Chapter 10, entitled “FLOOD PREVENTION AND PROTECTION.” 304.2 GFCI protection. Electrical equipment installed below the design flood elevation shall be supplied by branch circuits that have ground-fault circuit interrupter protection for personnel. 4. Section 403.1 Maximum bather load is hereby amended to read as follows: 403.1 Maximum bather load. The maximum bather load of Class B and Class C pools shall be in accordance with Table 403.1 The maximum bather occupant load shall be per the International Building Code, SECTION 1004 OCCUPANT LOAD, as adopted. 5. Section 410.1 Toilet Facilities is hereby amended to read as follows: 410.1 Toilet facilities. Class A, and B and C pools shall be provided with toilet facilities having the required number of plumbing fixtures in accordance with the International Building Code or the International Plumbing Code, to the extent adopted by the Colorado Plumbing Code. Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A - 1 - ORDINANCE NO. 026, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE II, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE AND ADOPTING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes should be adopted and that any counterpart International codes previously adopted should be repealed, both to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, the International Property Maintenance Code constitutes minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance of such structures; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its residents that the 2021 International Property Maintenance Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such - 2 - publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 20, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2006 International Property Maintenance Code (“IPMC”) and hereby adopts the 2021 IPMC as amended by this Ordinance. Section 3. That Section 5-46 of the Code of the City of Fort Collins is hereby amended to read as follows: Pursuant to the power and authority conferred on the City Council by C.R.S. § 31-16-202 and Article II, Section 7 of the CharterThere is hereby adopted by reference, as the Structure and Premises Condition Code of the City, the City Council has adopted the 2006 2021 International Property Maintenance Code (IPMC)®, published by the International Code Council (ICC)®, with local amendments, as amended by the City, which shall have the same force and effect as if set forth in full herein. The subject matter of the codes adopted herein includes minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. As provided in the 2021 International Property Maintenance Code, Appendices are not adopted except as expressly set forth in Section 5-47. Section 4. That Section 5-47 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: Sec. 5-47. – Amendments and deletions to code the 2021 International Property Maintenance Code. The 2021 International Property Maintenance Code adopted in Section 5-46 is hereby amended to read as follows: 1. Section 101.1 Title is hereby amended to read as follows: - 3 - 101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Fort Collins, hereinafter referred to as “this code.” 2. Section 101.2 Scope is hereby amended to read as follows: 101.2 Scope. Except as otherwise specified, Tthe provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. 3. Section 102.2 Maintenance is hereby amended to read as follows: 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working ordercondition. An owner, owner’s authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises. 4. Section 102.3 Application of other codes is hereby amended to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, the International Plumbing Code to the extent adopted by the Colorado Plumbing Code, and NFPA 70 and all other applicable City codes. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code City’s Land Use Code. 5. SECTION 103 CODE COMPLIANCE AGENCY is hereby deleted in its entirety, and replaced with the following: SECTION 103 CODE COMPLIANCE AGENCY - 4 - [A] 103.1 Creation of agency. The [INSERT NAME OF DEPARTMENT] is here by created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. CODE ADMINISTRATION 103.1 Entity charged with code administration shall be as determined in accordance with Section 103 of the adopted International Building Code, entitled “CODE ADMINISTRATION.” 6. SECTION 104 FEES is hereby deleted in its entirety, and replaced with the following: SECTION 104 FEES [A] 104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established by the applicable governing authority. 104.2 Refunds. The code official is authorized to establish a refund policy. 104.1 Fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “FEES.” 7. Section 105.1 General is hereby deleted in its entirety and replaced with the following: [A] 105.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 105.1 General. The Community Development and Neighborhood Services Department (CDNS) is charged with the administration and enforcement of this code. The code official, appointed by the City Manager, is charged with the direct overall administration and enforcement of this code and, in the performance of said duties, may delegate the necessary authority to the appropriate technical, administrative, and compliance staff under the supervision the code official. - 5 - 8. Section 105.2 Inspections is hereby amended to read as follows: 105.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the code official has probable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous, unfit for occupancy, or unlawful, the code official may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the code official by this code. If such building or premises is occupied, the code official shall present proper credentials and request entry. If such building or premises is unoccupied, the code official 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, or, if after reasonable efforts to contact the owner or occupant, the owner or occupant cannot be found or fails to respond or consent to the request, the code official may seek an inspection warrant from the Municipal Judge to secure entry for inspection or abatement. 9. Section 105.3 Right of entry is hereby deleted in its entirety and replaced with the following: [A] 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. 105.3 Right of entry. When the code official has obtained a warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the code official for the purpose of inspection, examination or abatement pursuant to this code. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in City Code §1-15. - 6 - 10. SECTIONS 107 MEANS OF APPEAL and SECTION 108 BOARD OF APPEALS, are hereby deleted in their entirety and replaced with the following: SECTION 107 MEANS OF APPEAL 107.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority 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 code official. [A] 107.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. 107.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. 107.4 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 108 BOARD OF APPEALS 108.1 Membership of board. The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall not vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. SECTION 107 MEANS OF APPEAL 107.1 Means of Appeal. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to the applicable provisions of Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 11. Section 109.3 Prosecution of violation is hereby amended to read as follows: 109.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 commits a civil infraction and is subject to the provisions contained in § 1-15(f) of the City Code. Each day that a violation continues shall be deemed a separate offense. shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or - 7 - termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 12. Section 109.4 Violation penalties is hereby amended to read as follows: 109.4 Violation penalties. Any person who shall violates a provision of this code, or fails to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws commits a civil infraction and is subject to §1-15 of the City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 13. Section 111.4.1 Form is hereby amended to read as follows: 111.4.1 Form. Such notice shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or owner’s authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 109.3. 1. General. The code official and any officer, as the term officer is defined in City Code §19-63, are authorized to give written notice to any owner or occupant whose building or property is in violation of the provisions of this code. Such notice may be personally served upon such person or, if not personally served, shall be deposited in the United States mail, addressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or at such other, more recent address as may be available to the City. 2. Notice. The notice shall include a description of the real estate sufficient for identification, include a statement of the violation or violations and why the notice is being issued, and state that if the violation is not corrected on or before the date and time stipulated in the notice, a citation may issue and the correction or demolition may be done by the City and any costs of abatement, repair or demolition, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety, and other incidental costs in connection therewith, and an amount not to exceed one hundred percent of the costs for carrying charges and costs of administration, will be charged against the property, in addition to any other penalty and costs or orders that may be imposed. The notice shall also state that if the owner desires a hearing before the Building Review Commission to contest the declaration and order of vacation, condemnation, repair, removal or demolition, such owner shall - 8 - request a hearing, in writing, to the code official within ten days of mailing of the notice. The notice shall further state that failure to timely file a request for such hearing shall be a waiver of the right to contest the declaration, assessment or order at any later date. 3. Abatement. If the building or property has not been brought into compliance with this code within the time period set forth in the notice and, if the owner has not requested a hearing before the Building Review Commission to contest said declaration or any other code official's orders as provided in Subparagraph #1 above, the demolition or abatement may be performed by City personnel or by private contractors, as the code official shall determine. In the event of such demolition and abatement by the city, the cost, including inspection, demolition and any other incidental costs in connection therewith, and an amount not to exceed one hundred percent of the costs for carrying charges and administration, shall be assessed against the building or property. 4. Assessment. Any cost assessment shall be a lien in the several amounts assessed against each property until paid and shall have priority over all other liens, except general taxes and prior special assessment liens. If any such assessment is not paid within thirty days after it has been certified by the code official and billed by the City to the owner by deposit in the United States mail addressed to the owner of record at the address as shown on the tax rolls or such other, more recent address as may be available to the City, and any agents, representatives or occupants as may be known, the Financial Officer, or their designee is hereby authorized to certify to the County Treasurer the list of delinquent assessments, giving the name of the owner as it appears of record, the number of the lot and block and the amount of the assessment plus a ten- percent penalty. The certification is to be the same in substance and in form as required for the certification of other taxes. The County Treasurer, upon receipt of such certified list, is hereby authorized to place it upon the tax list for the current year and to collect the assessment in the same manner as general property taxes are collected, together with any charges as may by law be made by the county treasurer and all laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes, and the redemption thereof shall apply to and have full force and effect for the collection of all such assessments. Notwithstanding the foregoing, if the offending building or property is not subject to taxation, the City may elect alternative means to collect the amounts due pursuant to this code, including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law. 14. A new Section 111.10 Responsibilities and obligations is hereby added to read as follows: 111.10 Responsibilities and obligations. Every owner and occupant shall be subject to the responsibilities and obligations set forth in this code as follows: - 9 - 1. Every owner remains liable for violations of duties imposed by this code even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant or property manager the duty of furnishing required equipment or of complying with this code. Nothing herein shall be construed as limiting or interfering with in any way the right of any persons to establish by written contract specific responsibilities of owners, property managers and occupants for the purpose of leasing or renting a building or premises. Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a safe condition, including the shared or public areas in a building containing two or more dwelling units. 2. An owner shall not permit another person to occupy premises which are not in a sanitary and safe condition, and which do not comply with the requirements of this code. 3. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 4. Every occupant shall, when required by this code, the City Code or the Health Officer, furnish and maintain approved devices, equipment or facilities necessary to keep the premises safe and sanitary. 15. Section 112.5 Cost of emergency repairs is hereby amended to read as follows: 112.5 Costs of emergency repairs. For the purposes of this section, the code official shall employ, or cause to be employed, the necessary labor and procure materials to perform the work required as expeditiously as possible. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action, including a lien upon the property pursuant to section 111.4.1, against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs. 16. A new Section 113.5 Historical is added to read as follows: 113.5 Historical. For any site, structure, or object 50 years of age or older and subject to any of the processes contained in Chapter 14 of the City Code that in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsanitary or otherwise unfit for human habitation or occupancy, the code official shall order the owner to repair the site, structure, or object to make it safe and sanitary unless the owner has complied with all applicable requirements of Chapter 14 or the building official has determined that such site, structure, or object is an imminent danger. 17. Section 201.3 Terms defined in other codes is hereby amended to read as follows: - 10 - 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the City Code, the Land Use Code and any other code adopted by reference in the City Code, including the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, the International Plumbing Code to the extent adopted by the Colorado Plumbing Code, International Residential Code, International Zoning Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. Exception: When used within this code, the terms unsafe and dangerous shall have only the meanings ascribed to them in this code and shall not have the meanings ascribed to them by the International Existing Building Code. 18. SECTION 202 GENERAL DEFINITIONS is hereby amended to modify, or add, in alphabetical order, the following definitions: ABANDONED. Any building or premises covered under this code that is unoccupied or vacant and in such a state of disrepair, lack of maintenance, or neglect as to pose a public nuisance. ADDITION. An extension or increase in floor area, number of stories, or height of a building or structure. ALTERATION. Any construction or renovation to an existing structure other than repair or addition. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code and any duly authorized representatives. The term code official is interchangeable with the term building official. EXCAVATION or FOUNDATION, ABANDONED or EXPOSED. Any outdoor open hole, pit, foundation or other excavation, or depression, deeper than twenty-four inches below the surrounding ground elevation other than a well, whether excavated by human activity or created by natural forces, including any excavation or foundation intended for a building, pool, pond or other decorative or recreational feature and not backfilled within one hundred eighty days of such excavation or foundation work, or when there is no valid active building permit for such work, as well and any other type of excavation that poses a health or safety hazard or otherwise poses a public nuisance, except approved temporary retention ponds and detention ponds and other water features such as pools, ponds, and similar approved excavations designed for recreational or aesthetic purposes that are maintained in a condition that does not pose a health or safety hazard and is not a public nuisance. FLOOD HAZARD AREA. All references to “flood hazard” and “areas prone to flooding” in this code and appendices adopted therewith shall be as specified in the Code of the City, “Chapter 10, Flood Prevention and Protection. - 11 - GRADE PLANE. A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than 6 feet (1829 mm) from the building between the structure and a point 6 feet (1829 mm) from the building. GOOD CONDITION. A condition that is fully functional, operational and substantially free from decay, deterioration, damage or other defects and capable of performing the tasks for which designed and in the manner intended without risk of injury or damage to persons or adjoining property resulting from detachment or failure of such elements or components thereof. HAZARDOUS. Whatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer, the Poudre Fire Authority Fire Chief, or the code official. HEALTH OFFICER. The legally designated head of the Larimer County Department of Health and Environment or such person’s authorized agent. [A] HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HISTORIC BUILDING is a building or structure that has been designated by official action of the legally constituted authority of the City Council as having special historical, architectural or geographical significance. For purposes of this code, this term also shall include buildings or structures listed in the State Register of Historic Properties as published by the History Colorado or the National Register of Historic Places as published by the United States Department of the Interior. IMMINENT DANGER. An existing condition that couldis reasonably likely to cause immediate serious or life-threatening injury or death at any time. LIMIT STATE. A condition beyond which a structure or member becomes unfit for service and is judged to be no longer useful for its intended function (serviceability limit state) or to be unsafe (strength limit state). [A] OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or - 12 - administrator of the estate of such person if ordered to take possession of real property by a court. OWNER. Any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include, except for vacant structures or premises as provided for in state law, any person, group of persons, company, association or corporation who holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated. PRIMARY FUNCTIONS. A major activity for which the facility is intended. Areas that contain a primary function include, but are not limited to, the customer service lobby of a bank, the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the public accommodation or other private entity using the facility are carried out. Mechanical rooms, boiler rooms, supply storage rooms, employee lounges or locker rooms, and janitorial closets are not areas containing a primary function. Entrances, corridors and restrooms are considered areas containing a primary function. PROPERTY MANAGER. Any person, group of persons, company, firm or corporation charged with the care and control of a building, structure or premises who performs services with respect to such building, structure or premises under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such building, structure or premises. RENTAL DWELLING UNIT. One or more rooms occupied or intended to be occupied as a unit exclusively for residential purposes that is leased, rented or sublet for compensation (including money or services or the sharing of expenses) and that is located in a boarding house or a single-family, two-family or multi-family dwelling. RENTAL HOUSING. Any building or mobile home or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit, or guest room which is leased, rented or sublet to a family or person(s) for compensation. REPAIR. The restoration to good condition of any part of an existing building for the purpose of its maintenance. SUBSTANDARD. Condition(s) that through neglect, deterioration, or damage no longer meet the minimum requirements of the currently adopted code as it relates to the specific condition(s) identified. Even though such condition(s) may not be found dangerous at the time of their discovery, such condition(s), if not corrected, may pose a risk to the health and safety of the public, the occupants or property thereof pursuant to Section 111.1.5. - 13 - SUBSTANTIAL DAMAGE. For the purpose of determining compliance with the flood provisions of this code, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. For the purpose of determining compliance with the flood provisions of this code or the City Code, any repair, alteration, addition, or improvement of a building or structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the code official and that is the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure. SUBSTANTIAL STRUCTURAL DAMAGE. A condition where: (1) in any story, the vertical elements of the lateral-force resisting system, in any direction and taken as a whole, have suffered damage such that the lateral load-carrying capacity has been reduced by more than twenty percent from its pre-damaged condition; or (2) the vertical load-carrying components supporting more than thirty percent of the structure’s floor or roof area have suffered a reduction in vertical load-carrying capacity to below seventy-five percent of the Building Code’s required strength levels calculated by either the strength or allowable stress method. SUBSTANTIALLY PLUMB. A wall or other vertical member shall be considered substantially plumb when a plumb line passing through the center of gravity does not fall outside the middle one-third (1/3) of the base. TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility. VACANT. The state of premises or a structure thereon being indefinitely uninhabited or unoccupied by lawfully authorized tenants, owners, and other persons. 19. Section 302.2 Grading and drainage is hereby amended to read as follows: 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Drainage of paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. - 14 - Abandoned or unprotected excavations shall be considered a nuisance and shall be filled to the original or adjoining site elevation. Exception: Approved retention areas and reservoirs and temporary retention ponds, detention ponds, channels and other water features such as pools, ponds, and similar approved excavations designed for recreational or aesthetic purposes that are maintained in a condition that does not pose a health or safety hazard, or a public nuisance. 20. A new Section 302.3.1 Walkway surfaces is hereby added to read as follows: 302.3.1 Walkway surfaces. Walkways shall be stable, slip resistant, flush, and even to the extent possible. Where walkways cannot be made flush and even, they shall conform to the following requirements: 1. Adjoining walkway surfaces shall be made flush and level, to the extent practicable. 2. Changes in levels up to ½” (6mm) may be vertical and without edge treatment. 3. Changes in levels greater than ½” and less than 4” shall be considered a trip hazard and shall be transitioned by means of a ramp that complies with the International Building Code or the International Residential code, whichever applies. 21. Section 302.5 Rodent harborage is hereby amended to read as follows: 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated eliminated by approved means or processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. The owner of any building or structure shall be responsible for pest elimination within the structure prior to renting or leasing such. The owner(s) of any building or structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior premises. 22. Section 304.14 Insect screens is hereby amended to read as follows: 304.14 Insect screens. During the period from April 1 to November 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in sound working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed for owner-occupied dwelling units where no rooms are leased or rented. - 15 - 23. A new Section 304.20 Area wells is hereby added to read as follows: 304.20 Area wells. All area wells, stair wells, light wells and any other bulkhead enclosures attached to any building shall be protected with guards conforming to this section around the entire opening, or be provided with an equivalent barrier, when such wells are located less than thirty-six (36) inches (194 mm) from the nearest intended walking surface and are deeper than thirty-six inches below the surrounding ground level, with the side walls of such well having a slope steeper than two horizontal to one vertical. Exceptions: 1. The access side of stairways need not be barricaded. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that are releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. 3. Covers and grates may be used over stairways and other openings used exclusively for services access or for admitting light or ventilation. 24. A new Section 305.4.1 Public stairways is hereby added to read as follows: 305.4.1 Public stairways. Public stairways used for egress routes in areas serving more than one rental dwelling unit or guestroom shall be maintained in good condition. 25. Section 309.2 Owner is hereby amended to read as follows: 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. The owner(s) shall be responsible for pest elimination in the public or shared areas of the structure and exterior premises. 26. Section 309.3 Single Occupant is hereby deleted in its entirety. 27. Section 404.2 Minimum room widths, is hereby deleted in its entirety. 28. Section 404.3 Minimum ceiling heights is hereby deleted in its entirety. 29. Section 404.4 Bedroom and living room requirements is hereby deleted in its entirety. 30. Section 404.4.1 Room area is hereby deleted in its entirety. 31. Section 404.5 Overcrowding is hereby deleted in its entirety. 32. Section 404.5.1 Sleeping area is hereby deleted in its entirety. - 16 - 33. Section 404.5.2 Combined spaces is hereby deleted in its entirety. 34. Section 404.6 Efficiency unit is hereby deleted in its entirety. 35. Section 602.2 Residential occupancies is hereby amended to read as follows: 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code indicated in Table R301.2 in the International Residential Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 36. Section 602.3 Heat supply is hereby amended to read as follows: 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code indicated in Table R301.2 in the International Residential Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 37. Section 602.4 Occupiable work spaces is hereby amended to read as follows: 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. - 17 - 38. Section 605.2 Receptacles is hereby amended to read as follows: 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. Receptacle outlets installed in kitchens, bathrooms, garages, unfinished basements, exterior locations and/or any receptacles that are installed within 6 ft from the top inside edge of the bowl of a sink or outside edge of a bathtub or shower shall have ground fault circuit interrupter protection. 39. Section 606.1 General is hereby amended to read as follows: 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction as specified by the State of Colorado’s Conveyance Regulations at 7 CCR 1101-8. 40. Section 702.4, Emergency escape and rescue openings, is hereby amended to read as follows: 702.4 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be maintained in accordance with the code in effect at the time of construction, and both of the following: 1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. 2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with Section 907.2.10 of the International Building Code Chapter 9 of the International Fire Code, as adopted. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. 3. The minimum net clear opening size shall comply with the Building Code that was in effect at the time of construction or shall provide a minimum net clear opening of no less than 720 square inches, whichever is greater, and shall not - 18 - have a sill height greater than forty-eight inches as measured above the interior floor level of the room in which such opening is located. 41. APPENDIX A BOARDING STANDARD is hereby adopted in its entirety. Section 4.  The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions.  Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A ORDINANCE NO. 027, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE IV OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL MECHANICAL CODE AND ADOPTING THE 2021 INTERNATIONAL MECHANICAL CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes should be adopted and that any counterpart International codes previously adopted should be repealed, both in order to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its residents that the 2021 International Mechanical Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and - 2 - WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Mechanical Code (“IMC”) and hereby adopts 2021 IMC as amended by this Ordinance. Section 3. That Section 5-106 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-106. – Adoption of standards. Pursuant to the power and authority conferred on the City Council by C.R.S. Section § 31- 16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2018 International Mechanical Code (2018 IMC) and adopts as the mechanical code of the City the City Council has adopted the 20182021 International Mechanical Code (2018 IMC), published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein except as amended pursuant to § 5-107 of the City Code. The subject matter of the 20182021 International Mechanical Code (2018 IMC), adopted herein includes comprehensive provisions and standards regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling and refrigeration systems, incinerators, miscellaneous heat-producing appliances for the purposes of protecting public health, safety and general welfare. None of the 20182021 International Mechanical Code Appendices are adopted. Section 4. That Section 5-107 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: Sec. 5-107. - Amendments and deletions to code the 2021 International Mechanical Code. The 2021 International Mechanical Code adopted in § 5-106 is hereby amended to read as follows: 1. Section 101.1 Title is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of the City of - 3 - Fort Collins, hereinafter referred to as “this code.” 2. Section 102.8 Referenced codes and standards is amended to read as follows: Section 102.8 reference codes and standards The codes and standards referenced herein shall be those that are listed in Chapter 15 Section 101.4 of the adopted International Building Code, entitled “Referenced Codes,” and shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer’s installation instructions shall apply. 3. Section 103 Code Compliance Agency is hereby deleted in its entirety and replaced with the following: 103.1 Creation of agency. The [NAME OF DEPARTMENT] is hereby created and the official in charge there of shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 103 – CODE ADMINISTRATION 103.1 Entity charged with code administration shall be as determined in accordance with Section 103 of the adopted International Building Code, entitled “CODE ADMINISTRATION.” 4. Section 106.1.1 Annual permit and Section 106.1.2 Annual permit records are deleted in their entirety. 5. Section 108.3 Testing is hereby deleted in its entirety and replaced with the following: [A] 108.3 Testing. Mechanical systems shall be tested as required in this code and in accordance with Sections 108.3.1 through 108.3.3. Tests shall be made by the permit holder and observed by the code official. [A] 108.3.1 New, altered, extended or repaired systems. New mechanical systems and parts of existing systems, which have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose leaks and defects. [A] 108.3.2 Apparatus, material and labor for tests. Apparatus, material and labor - 4 - required for testing a mechanical system or part thereof shall be furnished by the permit holder. [A] 108.3.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. 108.3 Testing. Installed heating, cooling and ventilation systems shall be performance- tested by an approved agency and adjusted to operate within design specifications, in accordance with ANSI/ACCA QI 5-2010 HVAC Quality Installation Specification. Documentation of results shall be submitted to the building official prior to approval. Exception: Buildings subject to commissioning requirements in SECTION C408 of the 2021 International Energy Conservation Code, as amended. 6. Section 109 Fees is hereby deleted in its entirety and replaced with the following: SECTION 109 FEES [A] 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. An amendment to a permit shall not be released until the additional fee, if any, has been paid. [A] 109.2 Schedule of permit fees. Where work requires a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. [A] 109.3 Permit valuations. The applicant for a permit shall provide an estimated permit value at the time of application. Permit valuations shall reflect the total value of work, including materials and labor, for which the permit is being issued, such as mechanical equipment and permanent systems. If, in the opinion of the code official, the valuation is underestimated on the application, the permit shall be denied unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be set by the code official. [A] 109.4 Work commencing before permit issuance. Any person who commences work on a mechanical system before obtaining the necessary permits shall be subject to a fee established by the code official that shall be in addition to the required permit fees. [A] 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [A] 109.6 Refunds. The code official is authorized to establish a refund policy. SECTION 109 FEES 109.1 Fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “FEES.” - 5 - 7. SECTION 114 MEANS OF APPEAL is hereby deleted in its entirety and replaced with the following: SECTION 114 MEANS OF APPEALS [A] 114.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority 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 code official. [A] 114.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have the authority to waive requirements of this code or interpret the administration of this code. [A] 114.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. [A] 114.4 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 114 MEANS OF APPEALS 114.1 General. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to the applicable provisions of Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 8. Section 115.4 Violation Penalties is hereby deleted in its entirety and replaced with the following: [A] 115.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter or repair mechanical work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 115.4 Violation penalties. All items related to violation penalties shall be made pursuant to the applicable provisions of Section 114.4 of the adopted International Building Code. 9. A new Section 115.4.1 Work Commencing before permit issuance is hereby added to read as follows: - 6 - 115.4.1 Work commencing before permit issuance. All items related to work commencing before permit issuance shall be made pursuant to the applicable provisions of Section 109.2 of the adopted International Building Code. 10. SECTION 202 GENERAL DEFINITIONS is hereby amended to add the following definitions in alphabetical sequence as follows: MULTIFAMILY. Any building housing group R-1, R-2 or R-4 occupancies. WHOLE-DWELLING UNIT MECHANICAL VENTILATION SYSTEM. An exhaust system, supply system, or combination thereof that is designed to mechanically exchange indoor air for outdoor air when operating continuously or through a programmed intermittent schedule to satisfy the whole-dwelling ventilation rate. 11. Section 403.3.2 Group R-2, R-3 and R-4 occupancies, three stories and less is hereby amended to read as follows: 403.3.2 Group R-2, R-3 and R-4 occupancies, three stories and less. The design of local exhaust systems and ventilation systems for outdoor air in Group R-2, R-3 and R- 4 occupancies three stories and less in height above grade plane shall comply with Sections 403.3.2.1 through 403.3.2.57. 12. Section 403.3.2.1 Outdoor air for dwelling units is amended to read as follows 403.3.2.1 Outdoor air for dwelling units. An outdoor air ventilation system consisting of a mechanical exhaust system, supply system or combination thereof shall be installed for each dwelling unit. Local exhaust or supply systems, including outdoor air ducts connected to the return side of an air handler, are permitted to serve as such system. The outdoor air ventilation system shall be designed to provide the required rate of outdoor air continuously during the period the building is occupied, and the system design documents shall be submitted, as required by the building official, at the time of application for a building permit. The minimum continuous outdoor airflow rate shall be determined in accordance with Equation 4-9. QOA= 0.01Afloor + 7.5Nbr + 1(Equation 4-9) where: QOA = outdoor airflow rate, cfm Afloor = floor area, ft2 Nbr = number of bedrooms; not to be less than one Exceptions: 1. The outdoor air ventilation system is not required to operate continuously where the system has controls that enable operation for not less than 1 hour of each 4-hour period. The average outdoor airflow rate over the 4-hour period shall be not less than that prescribed by Equation 4-9. 2. The minimum mechanical ventilation rate determined in accordance with Equation 4-9 shall be reduced by 30 percent provided that both of the - 7 - following conditions apply: 2.1. A ducted system supplies ventilation air directly to each bedroom and to one or more of the following rooms: 2.1.1. Living room. 2.1.2. Dining room. 2.1.3. Kitchen. 2.2. The whole-house ventilation system is a balanced ventilation system. 13. A new Section 403.3.2.6 Sound ratings for fans is added to read as follows: 403.3.2.6 Sound ratings for fans. Whole-dwelling unit ventilation fans shall be rated for sound at maximum of 1.5 sones, in accordance with the procedures of the Home Ventilating. Institute (HVI 915, Procedure for Loudness Rating of Residential Fan Products). Heating, ventilating and air conditioning air handlers and remote-mounted fans need not meet sound requirements. 14. A new Section 403.3.2.7 Performance verification is hereby added to read as follows: 403.3.2.7 Performance verification. Performance of installed mechanical ventilation systems shall be verified in accordance with The City of Fort Collins Residential New Construction Mechanical Systems Testing Guide as part of the Multifamily Residential Mechanical Systems Performance Report provided to the building official. 15. Section 504.1 Installation is hereby amended to read as follows: 504.1 Installation. Clothes dryers shall be exhausted in accordance with the manufacturer's instructions. Dryer exhaust systems shall be independent of all other systems and shall convey the moisture and any products of combustion to the outside of the building. Dryer exhaust duct terminations shall not be located within 36 inches (914 mm) of exterior openings into conditioned spaces, crawl spaces, and attic spaces. Exception: This section shall not apply to listed and labeled condensing (ductless) clothes dryers. 16. Section 506.3.11 Grease duct enclosures is hereby amended to read as follows. 506.3.11 Grease duct enclosures. A commercial kitchen grease duct serving a Type I hood that penetrates a ceiling, wall, floor or any concealed space shall be enclosed from the point of penetration to the outlet terminal. In-line exhaust fans not located outdoors shall be enclosed as required for grease ducts. A duct shall penetrate exterior walls only at locations where unprotected openings are permitted by the International Building Code. The duct enclosure shall serve a single grease duct and shall not contain other ducts, piping or wiring systems. Duct enclosures shall be a shaft enclosure in accordance with Section 506.3.11.1, a field-applied enclosure assembly in accordance with Section 506.3.11.2 or a factory-built enclosure assembly in accordance with Section 506.3.11.3. Duct enclosures shall have a fire-resistance rating of not less than that of the assembly penetrated and not less than 1 hour. Fire dampers and smoke dampers shall not be installed in grease ducts. - 8 - Exception: A duct enclosure shall not be required for a grease duct that penetrates only a nonfire- resistance-rated roof/ceiling assembly. 17. Section 512.1 General is hereby amended to read as follows: 512.1 General. Where a subslab soil exhaust system is provided, the duct for such system shall conform to the requirements of the this section 1211 of the adopted International Building Code, entitled ‘Radon-Resistant Construction’ 2021 International Residential Code, Appendix AF, entitled “Radon Control Methods,” as adopted. 18. Section 601.5 Return air openings is hereby amended to read as follows: 601.5 Return air openings. Return air openings for heating, ventilation and air- conditioning systems shall comply with all of the following: 1. Openings shall not be located less than 10 feet (3048 mm) measured in any direction from an open combustion chamber or draft hood of another appliance located in the same room or space. 2. Return air shall not be taken from a hazardous or insanitary location or a refrigeration room as defined in this code. 3. The amount of return air taken from any room or space shall be not greater than the flow rate of supply air delivered to such room or space. 4. Return and transfer openings shall be sized in accordance with the appliance or equipment manufacturer’s installation instructions, ACCA Manual D or the design of the registered design professional. 5. Return air taken from one dwelling unit shall not be discharged into another dwelling unit. 6. Taking return air from a crawl space shall not be accomplished through a direct connection to the return side of a forced air furnace. Transfer openings in the crawl space enclosure shall not be prohibited. 7. Return air shall not be taken from a closet, bathroom, toilet room, kitchen, garage, boiler room, furnace room or unconditioned attic. 8. Return air shall not be taken from indoor swimming pool enclosures and associated deck areas. Exceptions: 1. Where the air from such spaces is dehumidified in accordance with Section 403.2.1, Item 2. 2. Dedicated HVAC systems serving only such spaces. 9. Return air for a dwelling shall be taken from inside the dwelling. Dilution of return air with outdoor air is permitted. A return air path shall be provided in all habitable rooms by means of ducts or transfer grills. Exceptions: 1. Taking return air from a kitchen is not prohibited where such return air openings serve the kitchen and are located not less than 10 feet (3048 mm) from the cooking appliances. - 9 - 2. Taking return air from a kitchen is not prohibited in a dwelling unit where the kitchen and living spaces are in a single room and the cooking appliance is electric and located not less than 5 feet (1524 mm) in any direction from the return air intake opening. 3. Dedicated forced air systems serving only the garage shall not be prohibited from obtaining return air from the garage. 19. Section 602.3 Stud cavity and joist space plenums is hereby deleted in its entirety and replaced with the following: 602.3 Stud cavity and joist space plenums. Stud wall cavities and the spaces between solid floor joists to be utilized as air plenums shall comply with the following conditions: 1. Such cavities or spaces shall not be utilized as a plenum for supply air. 2. Such cavities or spaces shall not be part of a required fire-resistance-rated assembly. 3. Stud wall cavities shall not convey air from more than one floor level. 4. Stud wall cavities and joist space plenums shall comply with the floor penetration protection requirements of the International Building Code. 5. Stud wall cavities and joist space plenums shall be isolated from adjacent concealed spaces by approved fireblocking as required in the International Building Code. 6. Stud wall cavities in the outside walls of building envelope assemblies shall not be utilized as air plenums. 602.3 Stud cavity and joist space plenums. Building framing cavities shall not be used as ducts or plenums. 20. A new Section 603.18.3 Construction debris and contamination is hereby added to read as follows: 603.18.3 Construction debris and contamination. Mechanical air-handling systems and their related ducts shall be protected from the entrance of dirt, debris, and dust during the construction and installation process. Prior to passing final inspection or issuance of a Certificate of Occupancy, such systems shall be substantially free of construction-related contaminants. 21. Section 801.19 Multistory prohibited is hereby amended to read as follows: 801.19 Multistory prohibited. Common venting systems for appliances located on more than one floor level shall be prohibited, except engineered systems where all of the appliances served by the common vent are located in rooms or spaces that are accessed only from the outdoors. The appliance enclosures shall not communicate with the occupiable areas of the building. 22. A new Section 903.1.1 Solid fuel fireplaces and appliances is added to read as follows: 903.1.1 Solid fuel fireplaces and appliances. Solid fuel fireplaces, fireplace stoves and solid-fuel-type room heaters shall comply with Section 5-110 of the City Code. - 10 23. Section 903.3 Unvented gas logs heaters is deleted in its entirety. 24. A new Section 918.1.2 Total Electric Heating is added to read as follows: 918.1.2 Total Electric Heating. Primary indoor central heating systems utilizing only electric heat shall utilize a ground source heat pump system(s) or cold climate heat pump system(s) specifically designed to heat in cold climates and at the Winter Outdoor, Design Dry-Bulb temp defined in IECC Section C301.5. The heat pump system shall not be gas or propane fuel fired. Electric resistance strip heat shall serve only as emergency backup heat or supplemental heat at outdoor temperatures below 15oF as necessary. Exceptions: 1. Where the heating load is less than or equal to 6.0 Btu/h/ft2 at design temperature, electric resistance heating shall be permitted. 2. Where conduit w/ pull string sized to accommodate future heating electrical requirements is installed. Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: ____________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A - 1 - ORDINANCE NO. 028, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE IV OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF REPEALING THE 2018 INTERNATIONAL FUEL GAS CODE AND ADOPTING THE 2021 INTERNATIONAL FUEL GAS CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align nine interconnected basic construction codes under one publication year; and WHEREAS, the nine interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, and the International Plumbing Code to the extent adopted by the Colorado Plumbing Code; and WHEREAS, the City Council has determined that the 2021 publication year of the nine interconnected basic construction codes should be adopted and that any counterpart International codes previously adopted should be repealed, both in order to align the publication years of the codes and because the 2021 publications contain improvements in construction code regulation; and WHEREAS, City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals; and WHEREAS, the adoption of the nine interconnected basic construction codes has been presented to community groups and feedback has been received by the Water Commission, Energy Board, Commission on Disability, Natural Resources Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its residents that the 2021 International Fuel Gas Code be adopted, with local amendments as set forth in this Ordinance; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and - 2 - WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The City Council hereby repeals the 2018 International Fuel Gas Code (“IFGC”) and hereby adopts the 2021 International Fuel Gas Code as amended by this Ordinance. Section 3. That Section 5-111 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 5-111. - Adoption of standards for fuel gas piping, equipment and accessories. Pursuant to the power and authority conferred on the City Council by C.R.S. Section §31- 16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals the 2012 International Fuel Gas Code (2012 IFGC), and adopts, as the fuel gas code of the City, has adopted the 20182021 International Fuel Gas Code (2018 IFGC), published by the International Code Council, which shall have the same force and effect as though set forth in full herein except as amended pursuant to Section §5-112 of the City Code. The subject matter of the 20182021 International Fuel Gas Code (2018 IFGC) adopted herein includes comprehensive regulations governing the design, installation, maintenance, alteration and inspection of fuel gas piping systems, fuel gas utilization equipment and related accessories for the purposes of protecting public health, safety and general welfare. None of the 20182021 International Fuel Gas Code Appendices are hereby adopted. Section 4. That Section 5-112 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: Sec. 5-112. - Amendments and deletions to code the 2021 International Fuel Gas Code. The 2021 International Fuel Gas Code adopted in § 5-111 is hereby amended as follows: 1. Section 101.1 Title is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Fort Collins, hereinafter referred to as “this code.” 2. Section 102.8 Referenced codes and standards is hereby amended to read as follows: - 3 - Section 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 Section 101.4 of the adopted International Building Code, entitled “Referenced codes,” and such codes and standards shall be considered to be as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer's installation instructions shall apply. 3. SECTION 103 (IFGC) CODE COMPLIANCE AGENCY is hereby deleted in its entirety and replaced with the following: SECTION 103 (IFGC) CODE COMPLIANCE AGENCY [A] 103.1 Creation of agency. The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 103 – CODE ADMINISTRATION 103.1 Entity charged with code administration. The entity charged with code administration shall be as determined in accordance with Section 103 of the adopted International Building Code, entitled “CODE ADMINISTRATION.” 4. Section 106.1.1 Annual permit and Section 106.1.2 Annual permit records are hereby deleted in their entirety. 5. SECTION 109 (IFGC) FEES is hereby deleted in its entirety and replaced with the following: SECTION 109 (IFGC) FEES [A] 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. An amendment to a permit shall not be released until the additional fee, if any, has been paid. [A] 109.2 Schedule of permit fees. Where work requires a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the - 4 - applicable governing authority. [A] 109.3 Permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as plumbing equipment and permanent systems. If, in the opinion of the code official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the code official. Final building permit valuation shall be set by the code official. [A] 109.4 Work commencing before permit issuance. Any person who commences any work on a mechanical system before obtaining the necessary permits shall be subject to a fee established by the code official that shall be in addition to the required permit fees. [A] 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [A] 109.6 Refunds. The code official is authorized to establish a refund policy. SECTION 109 FEES 109.1 Fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “FEES.” 6. SECTION 113 (IFGC) MEANS OF APPEAL is hereby deleted in its entirety and replaced with the following: SECTION 113 (IFGC) MEANS OF APPEAL [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at it 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 code official. [A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have bee incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. [A] 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. [A] 113.4 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 113 MEANS OF APPEAL. - 5 - 113.1 General. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to the applicable provisions of Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 7. SECTION 114 (IFGC) BOARD OF APPEALS is hereby deleted in its entirety. 8. Section 115.4 Violation penalties is hereby deleted in its entirety and replaced with the following: [A] 115.4 Violation penalties. Persons who shall violate a provision of this code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 115.4 Violation penalties. All items related to violation penalties shall be made pursuant to the applicable provisions of Section 114.4 of the adopted International Building Code. 9. A new Section 115.4.1 Work commencing before permit issuance is hereby added to read as follows: 115.4.1 Work commencing before permit issuance. All items related to work commencing before permit issuance shall be made pursuant to the applicable provisions of Section 109.2 of the adopted International Building Code. 10. Section 301.3 Listed and labeled is hereby amended to read as follows: 301.3 Listed and labeled. Appliances regulated by this code shall be listed and labeled for the application in which they are used unless otherwise approved in accordance with Section 105. The approval of unlisted appliances in accordance with Section 105 shall be based on approved engineering evaluation. 11. Section 303.3 Prohibited locations is hereby amended as follows: 303.3 Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except where the installation complies with one of the following: 1. The appliance is a direct-vent appliance installed in accordance with the conditions of the listing and the manufacturer’s instructions. 2. Vented room heaters, wall furnaces, vented decorative appliances, vented gas - 6 - fireplaces, vented gas fireplace heaters and decorative appliances for installation in vented solid fuel-burning fireplaces are installed in rooms that meet the required volume criteria of Section 304.5. 3. A single wall-mounted unvented room heater is installed in a bathroom and such unvented room heater is equipped as specified in Section 621.6 and has an input rating not greater than 6,000 Btu/h (1.76 kW). The bathroom shall meet the required volume criteria of Section 304.5. 4. A single wall-mounted unvented room heater is installed in a bedroom and such unvented room heater is equipped as specified in Section 621.6 and has an input rating not greater than 10,000 Btu/h (2.93 kW). The bedroom shall meet the required volume criteria of Section 304.5. 53. The appliance is installed in a room or space that opens only into a bedroom or bathroom, and such room or space is used for no other purpose and is provided with a solid weather-stripped door equipped with an approved self-closing device. Combustion air shall be taken directly from the outdoors in accordance with Section 304.6. 64. A clothes dryer is installed in a residential bathroom or toilet room having a permanent opening with an area of not less than 100 square inches (0.06 m2) that communicates with a space outside of a sleeping room, bathroom, toilet room or storage closet. 12. Section 304.11 Combustion air ducts is hereby amended to read as follows: 304.11 Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 6 of the International Mechanical Code or of a material having equivalent corrosion resistance, strength and rigidity. Exception: Where the installation of galvanized steel ducts is not practical due to existing finish materials Wwithin dwellings units, that are undergoing alteration or reconstruction, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. 2. Ducts shall terminate in an unobstructed space allowing free movement of combustion air to the appliances. 3. Ducts shall serve a single enclosure. 4. Ducts shall not serve both upper and lower combustion air openings where both such openings are used. The separation between ducts serving upper and lower combustion air openings shall be maintained to the source of combustion air. 5. Ducts shall not be screened where terminating in an attic space. 6. Horizontal upper combustion air ducts shall not slope downward toward the source of combustion air. 7. The remaining space surrounding a chimney liner, gas vent, special gas vent or - 7 - plastic piping installed within a masonry, metal or factory-built chimney shall not be used to supply combustion air. Exception: Direct-vent gas-fired appliances designed for installation in a solid fuel-burning fireplace where installed in accordance with the manufacturer’s instructions. 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches (305 mm) vertically from the adjoining finished ground level. 9. All combustion air openings or ducts shall be readily identifiable with an approved label or by other means warning persons that obstruction of such openings or ducts may cause fuel-burning equipment to release combustion products and dangerous levels of carbon monoxide into the building. 13. Section 305.1 General is hereby amended to read as follows: 305.1 General. Equipment and appliances shall be installed as required by the terms of their approval, in accordance with the conditions of listing, the manufacturer’s instructions and this code. Manufacturers’ installation instructions shall be available on the job site at the time of inspection. Where a code provision is less restrictive than the conditions of the listing of the equipment or appliance or the manufacturer’s installation instructions, the conditions of the listing and the manufacturer’s installation instructions shall apply. Unlisted appliances approved in accordance with Section 301.3 shall be limited to uses recommended by the manufacturer and shall be installed in accordance with the manufacturer’s instructions, the provisions of this code and the requirements determined by the code official. 14. Section 404.12 Minimum burial depth is hereby amended to read as follows: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 18 inches (305 457 mm) below grade except as provided for in Section 404.10.1. 15. Section 404.12.1 Individual outdoor appliances is hereby deleted in its entirety. 16. Section 406.4.1 Test pressure is hereby deleted in its entirety and replaced with the following: 406.4.1 Test pressure. The test pressure to be used shall be not less than 1½ times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. - 8 - 406.4.1 Test pressure. The test pressure to be used for non-welded pipe shall be 10 psi minimum. 17. Section 501.8 Appliances not required to be vented is hereby amended to read as follows: 501.8 Appliances not required to be vented. The following appliances shall not be required to be vented: 1. Electrical Rranges. 2. Built-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section 614). 5. A single booster-type automatic instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall be not less than 36 inches (914 mm) vertically and 6 inches (152 mm) horizontally from any surface other than the heater. 6. Refrigerators. 7. Counter appliances. 8. Room heaters listed for unvented use. 98. Direct-fired makeup air heaters. 10. Other appliances listed for unvented use and not provided with flue collars. 119. Specialized appliances of limited input such as laboratory burners and gas lights. Where the appliances listed in Items 5 through 119 are installed so that the aggregate input rating exceeds 20 British thermal units (Btu) per hour per cubic foot (207 watts per m3) of volume of the room or space in which such appliances are installed, one or more shall be provided with venting systems or other approved means for conveying the vent gases to the outdoor atmosphere so that the aggregate input rating of the remaining unvented appliances does not exceed 20 Btu per hour per cubic foot (207 watts per m3). Where the room or space in which the appliance is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations. 18. Section 503.6.6 Minimum height is hereby amended to read as follows: 503.6.6 Minimum height. A Type B or L gas vent shall terminate not less than 5 feet (1524 mm) in vertical height above the highest connected appliance draft hood or flue collar. A Type B-W gas vent shall terminate not less than 12 feet (3658 mm) in vertical height above the bottom of the wall furnace. All gas vents shall terminate a minimum of 22 inches (559 mm) above the surface or grade directly below. - 9 - 19. Section 621 (IFGC) UNVENTED ROOM HEATERS is hereby deleted in its entirety. 20. A new Section 623.3.1 Kitchens with gas cooking is hereby added to read as follows: 623.3.1 Kitchens with gas cooking. Gas cooking appliances in residential kitchens shall be supplied with an exhaust system vented to the outside. Ducts serving kitchen exhaust systems shall not terminate in an attic or crawl space or areas inside the building and shall not induce or create a negative pressure in excess of negative 3 Pa or adversely affect gravity-vented appliances. 21. Section 630.3 (IFGS) Combustion and ventilation air is hereby amended to read as follows: 630.3 (IFGS) Combustion and ventilation air. Where unvented infrared heaters are installed, natural or mechanical means shall provide outdoor ventilation air at a rate of not less than 4 cfm per 1,000 Btu/h (0.38 m3/min/kW) of the aggregate input rating of all such heaters installed in the space. Exhaust openings for removing flue products shall be above the level of the heaters. Section 5. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: ______________________________ City Clerk Passed and adopted on final reading on this 1st day of March, A.D. 2022. __________________________________ Mayor 10 ATTEST: _____________________________ City Clerk EXHIBIT A ORDINANCE NO. 029, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE V, DIVISION 1 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF AMENDING THE COLORADO PLUMBING CODE WHEREAS, on March 22, 2011, the City Council adopted Ordinance No. 035, 2011, adopting the Colorado Plumbing Code (the “CPC”) as published at 3 Colorado Code of Regulations 720-1, and codified the CPC at Section 5-125 of the Code of the City of Fort Collins, with local amendments thereto; and WHEREAS, the CPC applies to and constitutes minimum requirements and standards governing the inspection, installation, alteration, and repair of the plumbing fixtures, appliances, and systems throughout the City to protect the health, safety and welfare of the City and its residents; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety and welfare of the City and its residents that the CPC be amended to update the requirements pertaining to maximum flow and water consumption; and WHEREAS, pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing; and WHEREAS, in compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2021 International Codes on January 30, 2022, and February 6, 2022; and WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of Public Hearing dated January 24, 2022, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 5-126 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-126. - Amendments and deletions to code the Colorado Plumbing Code. The Colorado Plumbing Code as adopted is hereby amended in the following respects: 1. Section 604 and TABLE 604.4 of the International Plumbing Code, as adopted by the Colorado Plumbing Code, are hereby amended to read as follows: 604.4 Maximum flow and water consumption. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table 604.4 and such fixtures and fittings shall be Environmental Protection Agency (EPA) WaterSense® labeled fixtures, excluding fixtures and fixture fittings that are not labeled under the WaterSense® program. Exceptions: 1. Blowout design water closets having a water consumption not greater than 31/2 gallons (13 L) per flushing cycle. 2. Vegetable sprays. 3. Clinical sinks having a water consumption not greater than 41/2 gallons (17 L) per flushing cycle. 4. Service sinks. 5. Emergency showers. TABLE 604.4 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS Plumbing Fixture or Fixture Fitting Maximum Flow Rate of Quantityb Lavatory faucet, private 2.2 gpm at 60 psi 0.5 gallon per minute at 60 psi for non-residential occupancy 1.5 gallons per minute at 60 psi for R and I Lavatory, faucet public (metering) 0.25 gallon per metering cycle minimum 10 second cycle setting for water run time Lavatory, public (other than metering) 0.5 gpm at 60 psi Shower head a (includes handheld) 2.5 gpm at 80 psi 1.8 gallons per minute at 80 psi 2.0 gallons per minute at 80 psi for I and E occupancies Sink faucet 2.2 gpm at 60 psi 1.8 gallons per minute at 60 psi Urinal 1.0 gallon per flushing cycle 0.5 gallons per flushing cycle Residential Water closet 1.6 gallons per flushing cycle 1.1 gallons per flushing cycle, with minimum MaP (solid- waste removal performance threshold) of 600 grams. Dual Flush gallons per flushing cycle: Average of three flushes (two reduced flushes and one full flush) Commercial Water Closet 1.28 gallons per flushing cycle, with minimum MaP (solid- waste removal performance threshold) of 600 grams. Dual Flush gallons per flushing cycle: Average of three flushes (two reduced flushes and one full flush) Pre-rinse Spray Valves (food service) Must meet federal Department of Energy WaterSense® criteria per 10 CFR 431, subpart O. Bar sinks (food service) 2.2 gallon per minute at 60 psi For SI: 1 gallon = 3.785 L, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa. a. A hand-held shower spray is a shower head. b. Consumption tolerances shall be determined from referenced standards. Section 3. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022 __________________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of March, A.D. 2022. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A