HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2019 - ITEMS RELATING TO THE ADOPTION AND AMENDMENT OF THAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 2, 2019
City Council
STAFF
Russ Hovland, Chief Building Official
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Chris Van Hall, Legal
SUBJECT
Items Relating to the Adoption and Amendment of the International Codes Relating to Buildings and Building
Regulations.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 150, 2018, Amending Chapter 5, Article II, Division 2, of the Code of
the City of Fort Collins for the Purpose of Repealing the 2015 Energy Conservation Code and Adopting the
2018 International Energy Conservation Code, with Amendments.
B. Second Reading of Ordinance No. 152, 2018, Amending Chapter 5, Article II, Division 2, of the Code of
the City of Fort Collins for the Purpose of Adopting the 2018 International Existing Building Code, with
Amendments.
C. Second Reading of Ordinance No. 153, 2018, Amending Chapter 5, Article II, Division 2, of the Code of
the City of Fort Collins for the Purpose of Adopting the 2018 International Pool and Spa Code, with
Amendments.
D. Second Reading of Ordinance No. 154, 2018, Amending Chapter 5, Article II, Division 3, of the Code of
the City of Fort Collins for the Purpose of Amending the 2006 International Property Maintenance Code.
E. Second Reading of Ordinance No. 155, 2018, Amending Chapter 5, Article IV, of the Code of the City of
Fort Collins for the Purpose of Repealing the 2015 Mechanical Code and Adopting the 2018 International
Mechanical Code, with Amendments.
F. Second Reading of Ordinance No. 156, 2018, Amending Chapter 5, Article IV, of the Code of the City of
Fort Collins for the Purpose of Repealing the 2015 International Fuel Gas and Adopting the 2018
International Fuel Gas Code, with Amendments.
These Ordinances, unanimously adopted on First Reading on December 18, 2018, adopt the most up-to-date,
comprehensive, and fully integrated body of codes, the 2018 International Codes (2018 I-Codes), regulating
building construction and systems using prescriptive and performance-related provisions. The purpose of
these Codes is to establish the minimum construction requirements 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. With factoring in local amendment costs, it is estimated the overall cost increase to build under the
2018 codes is less than 1%.
Note to Council: Please note that unlike ordinances normally adopted on Second Reading, the attached
Ordinances still contain strikeouts and new language to clearly reflect the modifications made by local
amendment to the various uniform Codes being adopted. Each Ordinance authorizes the City Attorney and
Agenda Item 1
Item # 1 Page 2
the City Clerk to modify the formatting and to make such other amendments to the Ordinances as necessary to
facilitate publication in the Fort Collins Municipal Code, so long as such modifications and amendments do not
change the substance of the Code provisions.
Also, please note that Ordinance No. 149, 2018, Amending Chapter 5, Article II, Division 2, of the Code of the
City of Fort Collins for the Purpose of Repealing the 2015 International Building Code and Adopting the 2018
International Building Code, with Amendments, Ordinance No. 151, 2018, Amending Chapter 5, Article II,
Division 2, of the Code of the City of Fort Collins for the Purpose of Repealing the 2015 International
Residential Code and Adopting the 2018 International Residential Code, with Amendments and Ordinance No.
174, 2018, 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 will be considered under Discussion items on this Agenda.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (PDF)
2. Ordinance No. 150, 2018 (IECC) (PDF)
3. Ordinance No. 152, 2018 (Existing Building Code) (PDF)
4. Ordinance No. 153, 2018 (Pool and Spa Code) (PDF)
5. Ordinance No. 154, 2018 (IPMC) (PDF)
6. Ordinance No. 155, 2018 (IMC) (PDF)
7. Ordinance No. 156, 2018 (IFGC) (PDF)
Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY December 18, 2018
City Council
STAFF
Russ Hovland, Chief Building Official
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Chris Van Hall, Legal
SUBJECT
Items Relating to the Adoption and Amendment of the International Codes Relating to Buildings and Building
Regulations.
EXECUTIVE SUMMARY
A. Public Hearing and First Reading of Ordinance No. 149, 2018, Amending Chapter 5, Article II, Division 2, of
the Code of the City of Fort Collins for the Purpose of Repealing the 2015 International Building Code and
Adopting the 2018 International Building Code, with Amendments.
B. Public Hearing and First Reading of Ordinance No. 150, 2018, Amending Chapter 5, Article II, Division 2, of
the Code of the City of Fort Collins for the Purpose of Repealing the 2015 Energy Conservation Code and
Adopting the 2018 International Energy Conservation Code, with Amendments.
C. Public Hearing and First Reading of Ordinance No. 151, 2018, Amending Chapter 5, Article II, Division 2, of
the Code of the City of Fort Collins for the Purpose of Repealing the 2015 International Residential Code
and Adopting the 2018 International Residential Code, with Amendments.
D. Public Hearing and First Reading of Ordinance No. 152, 2018, Amending Chapter 5, Article II, Division 2, of
the Code of the City of Fort Collins for the Purpose of Adopting the 2018 International Existing Building Code,
with Amendments.
E. Public Hearing and First Reading of Ordinance No. 153, 2018, Amending Chapter 5, Article II, Division 2, of
the Code of the City of Fort Collins for the Purpose of Adopting the 2018 International Pool and Spa Code,
with Amendments.
F. Public Hearing and First Reading of Ordinance No. 154, 2018, Amending Chapter 5, Article II, Division 3, of
the Code of the City of Fort Collins for the Purpose of Amending the 2006 International Property Maintenance
Code.
G. Public Hearing and First Reading of Ordinance No. 155, 2018, Amending Chapter 5, Article IV, of the Code
of the City of Fort Collins for the Purpose of Repealing the 2015 Mechanical Code and Adopting the 2018
International Mechanical Code, with Amendments.
H. Public Hearing and First Reading of Ordinance No. 156, 2018, Amending Chapter 5, Article IV, of the Code
of the City of Fort Collins for the Purpose of Repealing the 2015 International Fuel Gas and Adopting the
2018 International Fuel Gas Code, with Amendments.
I. Public Hearing and First Reading of Ordinance No. 174, 2018, 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.
ATTACHMENT 1
Agenda Item 22
Item # 22 Page 2
The purpose of this item is to adopt the most up-to-date, comprehensive, and fully integrated body of codes, the
2018 International Codes (2018 I-Codes), regulating building construction and systems using prescriptive and
performance-related provisions. The purpose of these Codes is to establish the minimum construction
requirements 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. With factoring in local amendment costs, it is estimated the
overall cost increase to build under the 2018 codes is less than 1%.
Because this is the first time the City is adopting the International Existing Building Code (IEBC) and International
Pool and Spa Code (IPSC), as separate codes, all language being added to the City Code must be shown as
yellow. Language that is being added as local amendment is highlighted in grey so that it is easily distinguishable
from already-existing language in the IEBC and IPSC.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Since 1924 the City of Fort Collins has periodically reviewed, amended, and adopted the latest nationally
recognized building standards available for the times. The City has updated the minimum construction standards
fifteen (15) times since 1924.
The 2018 International Codes will replace the 2015 editions of the IBC, IRC, IMC, IFGC, and the IECC which
were adopted on July 17, 2017. Even though the 2015 Codes were adopted not long ago, this 2018 Code
adoption is important for the following reasons:
Maintain the highest ISO insurance rating which affects homeowner insurance rates in the community. The
best score is achieved by adopting the most recent series of Codes within 12 months of issuance.
Many other communities in the area and Larimer County will be adopting the 2018 Codes in early 2019 and
this will provide consistency and maintain regulations in the region.
The 2015 City of Fort Collins Energy Policy has committed to adopting the newest IECC Energy Code within
12 months of issuance.
Adopting each 3-year code cycle typically means Code changes are in small steps instead of large, costly
ones.
Some code provisions formally located within the above listed codes have been relocated into new separate
codes such as the IEBC and the ISPSC. These are included in this proposed adoption process; however, the
requirements in these two standards have not changed from the previous code sections located in IBC and IRC.
Building codes and standards 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 2018 I-Codes represent the latest construction publications from ICC.
Review process
The implementation of new building standards can have a dramatic impact on the construction industry and the
economy of the community. To better understand these impacts, a Code Review Committee is convened
(Attachment 1) for the purpose of reviewing the new codes and all local amendments. The code review
committee represents a wide spectrum of volunteers from across the local construction industry, including private
developers, residential and commercial builders, architects, engineers, representatives from the energy
conservation sector and Poudre Fire Authority.
The Code Review Committee met regularly in July, August, and September 2018 to discuss new proposed
Agenda Item 22
Item # 22 Page 3
amendments and current amendments. In September, the Code Review Committee found that the proposed
amendments are neither controversial nor overly onerous or cost prohibitive on the construction industry and
voted to support and moved for adoption of the 2018 I-Codes and amendments. While this review process
requires considerable time and resources, it produces enforceable and effective building codes and amendments
that the community and construction industry support and create together.
Changes in the new 2018 Codes
There are a few dozen changes in the 2018 Codes, but they are considered minor or only adding clarity. The
committee did identify one change worth noting:
The Energy Code window u-value will change from .32 to .30. This increase in efficiency has an approximate
cost increase of 8% for vinyl windows. This will add an upfront cost of $200-$300 to the cost of the window
package for an average size house, but could reduce ongoing energy costs over the lifetime of the home. While
the ROI is small with this step, the Energy Board agrees any increase in efficiency is the right direction.
Local Amendments Overview
Local amendments are changes to the proposed Code or new Code regulations that are added due to life/safety
concerns or from local priorities. Many of the current local amendments are now incorporated into the new 2018
Code as written (the International body of codes have caught up to many of Fort Collins local amendments). As
a result, several amendments have been removed, as they are no longer necessary. Other amendments that
did not have the intended results or were shown to be ineffective and an unnecessary cost burden to the
construction industry were modified or removed. Being mindful of the City’s Climate Action Plan, any removal of
amendments was done without forsaking gains in energy efficiency. Overall the changes from the 2015 Codes
to the 2018 Codes are few and impacts to cost of construction are minimal.
A handful of new local amendments are being proposed:
The definition of Imminent Danger has been revised to add clarity and convey the urgency involved in taking
action. The language “at any time” has been changed to “immediate”.
When a trash chute is provided in new multi-family buildings, a second chute for recycling must be provided.
This can be achieved in the same fire-rated shaft to reduce costs. Cost increase is approximately. $1500
per floor.
In new multi-family, 10% of all parking spaces must provide an empty conduit from the electrical room to the
front of the parking space for the purpose installing electric vehicle charging equipment in the future.
Approximate cost increase is $300 per parking space.
A new, no-fee emergency repair permit provision was added to allow a fast permit to be issued in a
disaster/damage situation where a building owner can temporarily repair a dwelling and obtain inspection to
allow occupancy while more permanent repairs are forthcoming. This was recommended by the Larimer
County Building Department, who scrambled to put this in place after several recent disasters.
Responding to a concern by the Chamber of Commerce, the requirement to install a fire-sprinkler system in
an in-home daycare (5 children maximum) has been removed. In-home daycares are not required to change
the building occupancy (remains single-family) and these are state regulated. Neither the City nor Poudre
Fire Authority is notified of these. If that requirement changes, requiring these owners to fire-sprinkler could
have a large negative effect on the number of these businesses approved in Fort Collins due to the high cost
of these sprinkler systems. PFA supports this change.
All structures choosing to install asphalt shingles will be required to use class 4 impact resistant shingles. A
requirement for reroof projects to report the amount of waste and final waste location will be added, as well.
The cost increase for an average size home to install Class 4 shingles is $500 - $1000, or 5%-10% increase
over normal shingles.
Agenda Item 22
Item # 22 Page 4
To reduce water consumption, showerheads will be lowered from 2.0 gallons per minute (gpm) to 1.8 gpm
and non-residential faucets lowered to .5gpm. In addition, the flushing performance requirements of new
water closets will increase which should reduce multiple/failed flushes. Research conducted by water
conservation staff did not identify any substantial costs increases.
Responding to a concern by the Commission on Disability, the required roll-in showers provided in new multi-
family and hotels, will be larger, from 30”x60” to 36”x60”. The impact (approximately $100 per shower) is
minimal since those size shower pans are readily available and most projects only require one to four roll-in
showers depending on the number of dwelling units/sleeping units.
The cost assumptions discussed in each bullet above were calculated based on outreach to professionals in the
building industry, such as general contractors, electricians, plumbers, mechanical contractors, and fire-
suppression contractors. Construction supply houses were contacted for an estimate of off-the-shelf materials.
Factoring in local amendment costs listed above, it is estimated the overall cost increase to build under the 2018
codes is less than 1%.
Council follow-up from the Dec 4 meeting regarding plumbing fixture flow rates
The purpose of this section is to answer questions raised by City Council and the public at the December 4,
2018 meeting regarding the proposed code change in water flow rates of showerheads, faucets, and flush
performance of water closets.
Based on additional research and outreach with stakeholders, staff proposes the following three options:
1. Approve the plumbing fixture changes as originally outlined in this adoption package.
2. Remove these fixture flow rate changes and keep the current flow rates as adopted in 2012.
3. Approve the plumbing fixture changes as originally outlined in this adoption package and include certain
exemptions: (staff recommendation based on additional research and input)
Exempt I-occupancies (e.g., hospitals, assisted living facilities) and E-occupancies (e.g., K-12
schools, day care facilities) from the 1.8 gpm showerhead flow requirement, as these include more
vulnerable populations.
Exempt I-occupancies (e.g., hospitals, assisted living facilities) in addition to the already proposed
R-occupancy (residential) exemption from the commercial private lavatory 0.5 gpm requirement.
Background & History
In 2012 as part of the green code initiative, the max flow rates for plumbing fixtures was reduced from the code
maximum as shown below to reflect EPA WaterSense standards. Effective September 1, 2016, Colorado Senate
Bill 14-103 requires manufacturers to only sell WaterSense-labeled fixtures to distributors, wholesalers, retailers,
developers and homebuilders for the sale/resale or installation in the State of Colorado.
Maximum Flow Rates and Water Consumption for Plumbing Fixtures
2015 and 2018
International Plumbing
Code
Fort Collins Amendment
adopted 12/1/12 Proposed change for 2018
Lavatory faucet, private 2.2 gpm 1.5 gpm 0.5 gpm non-res, 1.5 gpm res
Lavatory, faucet public (metering) 0.25 gpm 0.25 gpm 0.25 gpm
Lavatory faucet, public (other than metering) 0.5 gpm 0.5 gpm 0.5 gpm
Shower head 2.5 gpm 2.0 gpm 1.8 gpm
Sink faucet 2.2 gpm 1.8 gpm 1.8 gpm
Urinal 1.0 gpf 0.5 gpf 0.5 gpf
Agenda Item 22
Item # 22 Page 5
There is a proposed change in the local amendments to the International Plumbing Code (IPC) and 2018
International Residential Code (IRC) to lower the allowed gallons per minute (water flow rate) of commercial
faucets and all showerheads and making a change to the toilet flush performance requirements. The intent is
reduction in water consumption and improved fixture performance.
Showerheads would be lowered from 2.0 gallons per minute (gpm) to 1.8 gpm.
Commercial lavatory faucets would be lowered from 1.5gpm to .5gpm, but only for non-residential
occupancies.
Water closet (toilet) flushing performance (MaP score) will rise from 350 to 600 MaP improving flush
performance and reducing multiple, failed flushes.
Code Review and Adoption Process
1. September 2018 City water conservation staff requested that Building Services and the Water Board support
a code change to improve toilet efficiency and performance by decreasing the gallons per flush (gpf) from
1.28 to 1.1 and increasing the Maximum Performance (MaP) score from 350 to 600 grams and consider
increasing the efficiency of other fixtures as well. Water board recommended increasing the efficiency of all
8 fixture types shown in the plumbing sections of the code.
a. The Chief Building Official presented this proposal to the Building Code Review Committee and
discussion concluded more information was needed for decision. All decisions listed below were
made by the committee with input from city staff and stakeholders.
b. Additional research was conducted on flow rates of other fixtures such as lowering toilet flow from
1.28 to 1.1 gpf. The committee found that these toilets are readily available, and the additional cost
would be $30 for 1.1gpf for a low-end toilet. After discussions with Wastewater Utility staff there is
an interest in further understanding what the impacts of retrofitting to high-efficiency toilets in existing
commercial buildings or locations with older waste piping material. As verified by recent research,
there is little to no need for concern in residential settings. More information on this item is provided
later in this memo. The Building Code Review Committee conducted independent research on the
cost and availability of toilets meeting the 600 MaP score and had no concerns.
i. The decision was made to not lower the flow rate of all 8 fixtures, at this time, and first focus
on just the flow rate of showerheads, faucets, as well as improving the toilet flush
performance requirement, but not the flow rate of the toilet.
c. In early October, City staff was contacted by two plumbing industry groups Craig Rogers from the
manufacturer Waterpik and Matt Sigler from Plumbing Manufacturers International (PMI), a trade
organization that represents the plumbing manufacturing industry. We corresponded many times to
address their concerns as listed below:
i. They urged this process to not lower the showerhead flow rate from 2.0gpm to 1.75 gpm
and listed reasons including facts such as some certifying agencies only test to one-digit
flow level therefore if we change it should be 1.8gpm or 1.7gpm. Staff verified that the
one-digit flow level claim was not accurate but made the change anyhow to reflect
California’s recent decision to require 1.8 gpm showerheads. As a result, there are more
products available that meet 1.8 vs. 1.75. This change is also consistent with California’s
recent change. The showerhead flow rate recommendation was changed to 1.8gpm.
ii. They were concerned about the measurement of GPF for dual flush toilets. Staff changed
the calculation to reflect WaterSense methodology for determining GPF (average of 2
low and 1 high flush). This change is more lenient and allows more dual flush toilets to
meet the GPF requirement.
iii. They expressed concerns regarding a MaP score of 600. Staff and Committee
considered but elected not to make any changes to the proposal on the grounds that
Water closet 1.6 gpf 1.28 gpf & min 350 MaP 1.28 gpf & min 600 MaP
Bar sinks (food service) NA 2.2 gpm 2.2 gpm
Agenda Item 22
Item # 22 Page 6
toilet performance is not consistent and home and building owners would benefit from
this change as well as builders who would receive complaints less frequently. Water
Conservation staff believes an increase in performance will reduce the misconception
that WaterSense toilets (even at the minimum 1.28 gpf) are poor performing.
iv. They also pointed out an error in the current plumbing code amendment which required
all fixtures to be WaterSense labeled however not all fixtures are tested by WaterSense.
Details were added in this code section to only require fixtures that are tested by
WaterSense to be WaterSense labeled.
v. They expressed concern about lowering the lavatory faucet flow rate from 1.5gpm to
0.5gpm for residential occupancies. After discussion with the Committee and staff, this
was changed to continue to allow 1.5gpm for all residential type uses (hotels, dorms,
apartments, condos, etc.) where faucets are used for more than hand-washing.
d. Following the December 4, 2018 City Council meeting, staff reached out to the individuals who
had provided public comment. As of the date of this memo, staff received a response from 3 of
the 4 that provided public comment.
i. On Monday, December 10, staff met with three representatives from Waterpik at their
facility. Waterpik expressed three primary concerns and staff responded as follows:
1. Poor customer experience and resulting complaints due to lower flow rates (gpm
less than 2.0). Waterpik reported 44 complaints from customers in 2015 and 89
in 2018, with only a slight increase in overall sales during this time period.
Waterpik stated that most of the complaints were from customers who purchased
1.8 or 2.0gpm models. These complaints were collected from customer
comments left on Home Depot, Waterpik and Amazon websites reflect
comments collected nationwide. In response, staff shared our positive
experience and customer feedback received from either Utilities’ or our partner
organizations’ installation of 1.5gpm showerheads. Waterpik believes using
feedback from the conservation program is misleading, because these are
voluntary programs.
2. Dissatisfaction with 1.8gpm will lead to individuals removing the regulator and
increasing flows beyond the fixtures’ rated amount. Waterpik stated that they
don’t have numbers on the frequency of this occurrence, but some of the
comments left on their websites and vendor websites indicate customers are
doing this to improve their experience. There are lots of YouTube videos that
show individuals how to do this.
3. Potential health issues resulting from high efficiency fixtures due to lowered
chlorine residuals. In response, staff explained the intent to follow up with internal
staff from Water Quality and our prior discussions with Drexel University,
regarding the health risks associated with a showerhead lower than 2.0gpm.
(More on Drexel University’s analysis is provided under Showerheads (section
b.vii.3) below.
ii. On Monday, December 10, staff spoke with Cambria McCleod from Kohler regarding
Kohler’s concerns with a 600 MaP score. Kohler referenced the original study done to
quantify the 250 grams as the 95th percentile and believes 350 grams is enough (this study
is discussed further in this memo). Kohler believes 600 grams is “extreme” and unnecessary
and will result in a focus on designing to remove bulk waste at the sacrifice of light waste
removal performance. As a result, Kohler believes customers will be misled by a higher MaP
score and dissatisfied with those toilets. Staff responded questioning the sample size,
region and age of this study to accurately determine the amount of modern-day waste in the
US. (Ms. McLeod offered to have PMI provide other studies that have also been done that
support this). Staff asked about the ASME requirements that all toilets sold in the US must
adhere to and includes a pass/fail test for light and bulk waste removal performance. Staff’s
assumption was that if ASME is testing for these things, light waste will be addressed,
regardless of the MaP score (more on ASME is provided, later in the memo). Ms. McLeod
Agenda Item 22
Item # 22 Page 7
explained that it is true to a certain extent, but the manufacturer may focus on bulk weight
performance and could only meet the minimum performance threshold to pass ASME’s light
waste removal test. Ms. McLeod and Staff discussed Kohler’s products and their toilets’
MaP scores. Kohler has 89 toilets that are MaP tested at or above 600 MaP and only two
toilets that are at 350 MaP. Ms. McLeod’s response was Kohler can provide a balance
between light and bulk waste removal, without compromising performance of one to focus
on the other – other toilets might not be able to do this as well.
iii. All groups – Waterpik, Kohler and PMI who had either commented before or during the
December 4 Council meeting – will be provided a copy of this information in advance of the
December 18 Council meeting.
Intent of recommending local amendments to plumbing fixtures and fittings
2. There are several reasons for exploring local amendments to the plumbing fixtures and fittings in the
building code, including:
achieving cost-effective water savings and
helping ensure high performance of high-efficiency fixtures.
City Council approved and adopted the City of Fort Collins Water Efficiency Plan in early 2016, which includes
a goal of reducing use to 130 gallons per capita per day by 2030. The Plan includes five Areas of Opportunity
that have been our strategic focus areas. “Encourage greater integration of water efficiency into land use
planning and building codes” is one of these focus areas. Our Plan reflects the Colorado Water Plan which has
identified a tactic to “explore legislative options and support for indoor plumbing-code standards”. Building code
changes can be one of the most cost-effective ways to achieve guaranteed water savings over time. It also helps
ensure new development is both water-efficiency and meets high performance standards to stand the test of
time. This approach is in line with other local sustainability efforts that demonstrate the role of local action to
affect local outcomes (e.g. Climate Action Plan).
As noted, staff initially proposed several changes to the eight different fixtures and fittings (Attachment 2). Water
Board was supportive of all recommendations. After conservations with Building Code Review Committee and
plumbing manufacturers, we ultimately settled on these changes to start. Staff has a plan in place to continue
research and outreach between now and the next Building Code Update in 2022.
Follow-up from Public Comment Received at December 4 City Council Meeting
3. Public comment presented at the December 4, 2018 City Council meeting are addressed below. In
general, Staff finds these changes to be a compromise reflecting a wide-variety of stakeholder interests,
including input from plumbing manufacturers and local builders and developers. Staff has not found
credible evidence of customer complaints. Staff has determined that the recommended changes will have
no cost impact, will improve performance, and will achieve water savings in new development. Responses
to public comment are generally grouped into two sections: Toilets, Showerheads, and Other.
a. Toilets:
i. The baseline Environmental Protection Agency (EPA) WaterSense program standard has
two main goals: (1) water efficiency, and (2) flush performance. Staff is not recommending
a change to the water closet (toilet) water efficiency requirement of 1.28 gallons per flush
(gpf) at this time. Despite significant potential for water savings and support from the Water
Board, it was clear that the local builder and developer community was uncomfortable with
the potential impacts to sewer drain line design and carry. A series of studies on the drainline
transport of solid waste from the Plumbing Efficiency Research Coalition (PERC)
determined that there is no concern for sewer drain line carry for 1.28gpf toilets in either
commercial or residential settings (2). In fact, studies show that any toilet above 1.0 poses
no risk in a commercial setting and 0.8 gpf toilets are satisfactory in residential settings.
Staff will continue to research this topic and will work with both internal staff (like the
Wastewater Utility) and the builder and developer community to determine the best
recommendation for the next cycle of Building Code Updates.
Agenda Item 22
Item # 22 Page 8
ii. Staff and the Building Code Review Committee agreed that a performance requirement
would be appropriate and welcome at this time. The minimum EPA WaterSense
performance criteria is a pass/fail test of whether the toilet can clear 350 grams of test media
among the other comprehensive plumbing fixture requirements of the national standard from
the American Society of Mechanical Engineers (ASME) (3). Staff recommends increasing
the performance score from 350 grams to 600 grams. Public comment indicated concern
that increasing this “bulk score” would negatively impact the performance of light weight
media removal. This is not a concern as all toilets will still need to be the base requirements
of ASME, which include a light weight media removal test, in addition to demonstrating the
recommended improved performance for bulk flushing.
iii. The current code already requires a 350 gram “MaP” score (4). Maximum Performance
testing (MaP) identifies how well toilets remove bulk waste using realistic test media. MaP
also grades each toilet on performance (i.e. “test to failure” approach as opposed to the
ASME pass/fail approach for all tests). To provide some background on the need for a “test
to failure” approach: The Energy Policy Act of 1992 required that by 1994 the efficiency
requirement of all toilets sold would be no more than 1.6 gallons per flush. Unfortunately,
many manufacturers complied by making simple adaptions to their existing 3.5 gpf toilets,
which were then rendered ineffective at eliminating waste material. Customers complained.
The ASME standards evolved over the years to require better performance that would not
put customer satisfaction and water efficiency at odds, however, many still remember these
poor performers of the 1990’s and distrust water efficient toilets. In 2002, a group of cities
and water utilities across Canada and the U.S. worked to create standards that, among
other things, established a minimum acceptable flush performance threshold and enable
consumers to compare toilets based on flush performance. The result was the MaP testing
protocol, first released in 2003. The EPA WaterSense program launched in 2006. EPA
WaterSense criteria requires 350 grams of MaP media as the minimum performance
threshold. The average MaP score of toilets in 2003 was 336 grams, and in 2017 it was 882
grams, demonstrating that manufacturers have improved design and performance
significantly since the first introduction of “low flow” toilets in the 1990s.
iv. Public comment stated that “250 is the 95th percentile and 350 is the 99th percentile” and
therefore should be good enough for customer satisfaction and performance. The minimum
“acceptable” range of 250-350 grams was based on studies in the 1970s by a group of
British researchers. The main study in 1978 on variability in colonic function followed only
twenty subjects over 4-6 weeks (5). Staff believes these studies are out of date, represent
a small sample size, and do not likely reflect the colonic function of average Americans and
current diets. If a score of 350 grams was adequate, staff would assume we wouldn’t have
the rate of failure, shared with staff by the Building Code Review Committee, that the
Committee members have experienced in their new construction projects. The Committee
reported receiving frequent call backs during the warranty period of a building or home, and
customer requests to replace the toilet. This group performed independent research and
determined that this wouldn’t impact cost or availability.
v. A score of 600 grams is the threshold between the “Recommended” and “Highly
Recommended” ranges. This level improves performance without impacting availability and
customer choice. Improving performance will reduce the need for repairs and “double-
flushing”.
1. While a 600 gram MaP score this is a unique requirement for building codes, the
City has required a MaP score since 2012, and this change would only be an
increase to the existing MaP requirement. Staff recommends this change to improve
performance, quality, and to provide transparency to consumers. Based on
Agenda Item 22
Item # 22 Page 9
research and feedback from the Building Code Review Committee, these toilets are
cost-effective, readily available, and often the toilets already installed.
vi. Public comment included concern for availability of these products. Of the over 1,600 toilets
that are MaP tested and WaterSense certified, about 97 percent meet the 600 gram MaP
score requirement. 91 brands produce toilets that meet the requirement. On average, 62
percent of a brand’s toilets meet the requirement. When visiting Home Depot online on
December 7, 2018, all twenty of the toilets available in-store at both Fort Collins stores meet
the 600 grams or higher requirement. In fact, 18 of them have a MaP score of 1,000 grams
and the MaP score is listed on the Home Depot website; this demonstrates that the
information is available to the public. Doing a similar review of Lowe’s availability, 18 of the
27 toilets available for in-store pick up had a MaP score of 1,000 grams. The remaining nine
have not been MaP tested and six of those are the Lowe’s store brand Aquasource.
vii. Virtually all commercial high-use toilets (flushometer styles) that are WaterSense and MaP
tested have a score of either 800 or 1,000 grams. As staff already does for Utilities rebate
programs, staff can post a regularly up-to-date list of qualifying toilet models to help with the
transition.
viii. Public comment included concern around the dual flush language. This was discussed and
resolved with plumbing manufacturers prior to the City Council meeting. Previously dual
flush criteria were not specifically included in the code, meaning the single efficiency criteria
of no more than 1.28 gallons per flush could have been interpreted in several ways. Public
comment included a concern that the dual flush criteria could somehow make the toilet
requirement ineffective. The language added by staff is the same language used by the
EPA WaterSense program: “…the effective flush volume is the average flush volume of two
reduced flushes and one full flush” (6). There is no reason that this will render the code or
toilets ineffective.
ix. Fort Collins Utilities and our partnering organizations have extensive experience and
customer feedback from water conservation programs that install toilets with 800 MaP
scores. The Larimer County Conservation Corps (LCCC) Water and Energy Program
installed 110 Niagara Stealth (0.8 gpf and 800gram MaP score) last year. There were only
two complaints of toilet backups, and both times the line was scoped, and it was concluded
that the issue was a result of the service line being impacted by tree roots. Tony Pastrana
works for Neighbor to Neighbor, a property management organization that manages and
does maintenance for some of the properties where LCCC has install toilets. Tony stated
that he has not received any complaints from tenants and has never had any back-up issues
with the 800gram MaP toilets that LCCC installed. Through our 2018 commercial rebate
program, there have been over 1,000 0.8 gpf toilets, with MaP scores of 800 or more,
installed in multi-family units and we have not received a single complaint. Customer
satisfaction could be due, in large part, to the program only installing higher MaP score
toilets.
x. As we transition to information about showerheads, we first address the public comment
concern that the recommended changes will results in twice as many flushes or twice as
long showers. There is no evidence of either. Two large, comprehensive studies on water
usage from 1999 and 2016 gathered extremely granular data on all end uses of water across
hundreds of homes in various U.S cities, including Fort Collins (7). These studies found that
the average number of flushes per person was 5.05 in 1999 and was 5.00 in 2016. This
indicates that flushing behavior has not increased despite increasing installations of high-
efficiency toilets. 2016. This indicates that flushing behavior has not increased despite
increasing installations of high-efficiency toilets.
xi. This study also found that average shower duration (7.8 minutes) and number of showers
per household per day (1.8) has not changed since 1999 either. A further analysis in 2017
comparing the 1999 to 2016 datasets found that people do not compensate for lower flow
rates with higher shower times and that lower flow rates do result in water savings (8). An
Agenda Item 22
Item # 22 Page 10
earlier 2005 EPA retrofit study of three cities found a 28 percent reduction in water savings
from installing 1.75 gpm showerheads (9). This effort included a customer survey that
showed the average rating was 4.51 out of 5 for the showerheads. Shower duration in all
three cities decreased post-retrofit.
b. Showerheads:
i. Public comment included concern for the availability of 1.8gpm showerheads. There are
many options and styles offered for 1.8 GPM showerheads, and in a wide range of price
points. There are over 4900 different showerheads available, from over 90
brands/manufactures, that would meet the proposed code change to 1.8gpm. Ferguson
Plumbing offers 139 products, from over 10 brands that would meet the change to 1.8gpm.
Lowes has 183 showerheads that would meet the change to 1.8gpm. Home Depot carries
a large selection of both 1.8 and 2.0gpm. There are very little cost differences between 2.0
and 1.8 GPM. At Home Depot the price range for 1.8gpm showerheads is $2.27 - $526.16.
For 2.0 the range is $7.47-$429.00. At Lowes and Ferguson Plumbing, the price ranges for
1.8 and 2.0gpm is comparable to Home Depot, with many inexpensive products available
in the $5-15 range for both flow rates.
ii. Public comment included concern that “2.0 is already tested for flow force and coverage, no
additional standards for 1.8”. A 1.8gpm showerhead must meet the exact same ASME
performance standards as a 2.0gpm showerhead so there will be no sacrifice in
performance, but a benefit of water savings (10).
iii. The California statewide requirement for showerheads decreased to 1.8gpm on July 1,
2018. Public comment included concern that this mandate hasn’t been “proven over time”.
Prior to recommending and implementing the statewide change back in 2016, the California
Energy Commission conducted a comprehensive analysis the cost-effectiveness and
technical feasibility of the new standard. They concluded that this change helps California
“Planning for future drought and climate change, while also ensuring it makes sense for
consumers and the marketplace” and furthermore, based on studies of drain line carry
concluded that the showerhead standard will not impact sewer performance. Along with
support from the Building Code Review Committee, staff deemed this extensive level of
analysis and research more than enough to recommend the change.
iv. Public comment included concern that a change in showerhead flow rate requirements
might lead potential residents to locate elsewhere. There is no evidence to suggest that a
difference of 0.2gpm in a showerhead flow rate will result in someone choosing to locate
elsewhere. This concern was not shared by the Building Code Review Committee, who is
composed of commercial and residential builders that are closely connected to their clients.
The Committee likely understands their customer’s tolerance for certain changes and
reviewed and approved this change.
v. Fort Collins Utilities and our partnering organizations have extensive experience and
customer feedback from water conservation programs that install 1.5 gpm showerheads
and other high efficiency fixtures. Since 2015 Larimer County Conservation Corp has
installed over 1,000, 1.5gpm showerheads with very little complaints. Utilities residential
rebate program provides a rebate on 1.5gpm showerheads. The Xcel Multi-Family program
installs 1.5gpm showerheads, with over 300 installations in 2018. The Utilities’ Peak
Partners electricity demand response program has installed 1230, 1.5gpm showerheads to
offset potential changes to water heating schedules, with very few complaints. In 2018,
Efficiency Works commercial site assessments installed 27, 1.5gpm showerheads.
vi. By increasing water efficiency, we are decreasing the amount of energy used to heat water.
Natural gas comprises about 9% of the community’s carbon emissions or about 180,000
MTC02E. Most residential hot water heaters in Fort Collins are natural gas (about 90%) and
most water use for showering is heated. A reduction in the showerhead flow rate, in addition
to reduced use of water from certain private commercial lavatory faucets (also water that is
frequently heated), help the City make progress towards its Climate Action Plan goals and
reaching carbon neutral by 2050. This is especially true since natural gas use is more
Agenda Item 22
Item # 22 Page 11
challenging to manage in a carbon neutral environment vs. electricity which can be provided
by solar and wind.
vii. Public comment included concern for changing flow rates and impacts to public health.
While no water distribution system in the world is sterile, Fort Collins Utilities takes important
steps in the water treatment process and in the distribution of drinking water to customers
to ensure its quality and safety. A key objective of the drinking water treatment process is
to remove turbidity, viruses and bacteria from the water supply to meet Federal and State
mandated water quality standards. Nitrate and Nitrite, which are a potential food source for
biofilms are also removed in the water treatment process. On average nitrate concentrations
leaving the water treatment facility are 0.04 mg/L and nitrite concentrations are less than
0.04 mg/L, which are far below the EPA’s maximum contaminant levels for safe drinking
water of 10 mg/L and 1 mg/L, respectively.
1. In addition, Utilities track indicators of bacteria growth or contamination (e.g.,
heterotrophic plate count, E.coli, total coliforms) and free available chlorine (FAC)
concentrations on a weekly basis at 26 locations throughout the distribution system
to ensure that adequate disinfection is maintained as the water travels from the
treatment plant to the customer. This information is reported monthly to the State of
Colorado Department of Public Health and Environment to ensure strict compliance.
In 2017, the drinking water system was upgraded with a new chlorine contact basin
which provides more consistent levels of FAC throughout the system. As a
maintenance best practice, Utilities also flushes the entire distribution system every
two years.
2. Biofilms also occur within the premise plumbing systems of homes and buildings. A
chlorine residual above 0.2mg/L present at the point of use (e.g. faucet or
showerhead) is an indicator that bacteria originating from the premise plumbing
system are not likely a threat to the end user. Additional factors that influence
whether the residual exists at point of use, include frequency of use, water age
(increase in stagnation and increased risk for bacteria growth), temperature and
insulation of hot water line, and cleanliness of the fixture.
3. Researchers from Drexel, Penn State, and UC Boulder are examining risk factors
associated with reduced water use in building plumbing that could lead to bacterial
and chemical contamination. Staff spoke with lead researcher and professor,
Patrick Gurian, PhD, at Drexel University in October to discuss higher efficiency
fixtures and the potential for impacts. At the request of Staff, Dr. Gurian recently
updated the data to reflect a showerhead flow rate change from 2.0 to 1.8gpm. A
summary of the results is provided in a response from Dr. Gurian below:“A major
issue in maintaining water quality in building is the “water age”, that is how long the
water sits in the building pipes. We generally become concerned when the water
spends a long time in the pipes. Over a day or more the residual disinfectant will
decay, and microorganisms can grow, including some that are opportunistic
pathogens, such as Legionella. The lower flow showerhead would not cause this
situation. We calculate that even with the lower flow showerhead, each shower
would use on average 7-8 times the volume of a half-inch pipe. This means that
every time the shower is used freshwater is brought into the entire length of the
pipe. A single use of the shower “resets” the water age. Of course, it’s really hard
to say scientifically that the impacts are zero. There’s a lot we don’t know about
opportunistic pathogen growth and perhaps the small difference in the flow rate of
the water could conceivably have some impact, either positive or negative, on
microorganism growth. I think it’s appropriate to emphasize that there’s no evidence
for concern based on our knowledge. We found a case study in EPA’s WaterSense
in which a 1.75 gpm showerhead was adopted at the Holiday Inn at the San Antonio
Airport, indicating that this water conservation measure can be implemented without
evident adverse consequences.”
viii. Public comment referenced EPA approved studies on potential impacts of high-efficiency
fixtures on the presence and impact of biofilm. The early results referenced include
information gathered on only three unique “green” buildings and one “conventional”
Agenda Item 22
Item # 22 Page 12
residential home. This first glance focused on the increase in water age that is correlated
with increase in potential for bacteria growth. However, the concern is demonstrated through
a “net-zero” water building that stored and utilized large amounts of rainwater from a 3,000-
gallon cistern and groundwater to offset their low water demands. These conditions do not
exist in Fort Collins. Only residential homes can capture and store up to 110 gallons in rain
barrels and must use the water only for landscape irrigation needs. There is an emerging
area of research, and Staff will continue to monitor prior to any recommendations during the
next Building Code Update cycle (expected in 2021).
ix. One option would be to amend the initial recommendations to exclude the showerhead flow
rate requirement from facilities that may have high risk or vulnerable populations, like
hospitals, care facilities, and educational facilities.
Options for City Council consideration
Based on additional research and outreach with stakeholders, staff proposes the following three options:
1. Approve the plumbing fixture changes as originally outlined in this adoption package.
2. Remove these fixture flow rate changes and keep the current flow rates as adopted in 2012.
3. Provide certain exemptions: (staff recommendation based additional research and input)
Exempt I-occupancies (e.g., hospitals, assisted living facilities) and E-occupancies (e.g., K-12
schools, day care facilities) from the 1.8 gpm showerhead flow requirement, as these include
more vulnerable populations.
Exempt I-occupancies (e.g., hospitals, assisted living facilities) in addition to the already
proposed R-occupancy (residential) exemption from the commercial private lavatory 0.5 gpm
requirement.
References (found in parentheses throughout document)
1. California currently has the same flow rate requirements as proposed. New York City has the same
flow rate requirements with the exception of the showerhead flow rate. Other states are pursuing
WaterSense requirements that also have 1.8 gpm showerhead requirements, including, Washington
and Massachusetts. Many rebate programs across the United States only rebate 1.1 gpf toilets with a
MaP score of 600 or greater (“MaP Premium”).
2. http://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) who was part of the recent public comment at City Council.
3. All toilets, including EPA WaterSense toilets, must meet the minimum requirements of the American
Society of Mechanical Engineers (ASME) A112.19.2/Canadian Standards Association (CSA) B45.1 -
2018 Ceramic Plumbing Fixtures.
4. https://www.map-testing.com/
5. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1411830/
6. https://www.epa.gov/sites/production/files/2017-01/documents/ws-products-spec-toilets.pdf (Page 1)
7. Residential End Uses of Water, http://www.waterrf.org/Pages/Projects.aspx?PID=4309 ;
http://www.allianceforwaterefficiency.org/residential-end-uses-of-water-study-1999.aspx
8. https://www.map-testing.com/assets/reports/showerheads/Shower-Based_Water_Savings_Report-
Final-January-2017.pdf Specifically, the study found that for every 0.2 gpm reduction in flow rate,
shower duration increased by 2 seconds and shower volume decreased by 1.44 gallons.
9. http://www.allianceforwaterefficiency.org/uploadedFiles/Resource_Center/Library/residential/showers/
Aquacraft(2005) EPA-Single-Family-Retrofit-Studies-Combined-Report.pdf
10. ASME standard: ASME A112.18.1-2018/CSA B125.1-18
https://webstore.ansi.org/Standards/ASME/ASMEA112182018CSAB125
CITY FINANCIAL IMPACTS
Agenda Item 22
Item # 22 Page 13
Alterations to, or new construction of City-owned properties must comply with the provisions of the 2018 I-Codes.
The scope of work will determine the financial impact to the City. In general, there are no Citywide financial
impacts expected with the adoption of the 2018 I-Codes.
Community Development and Neighborhood Services (CDNS) anticipates the following financial impacts which
are accommodated by the current CDNS budget:
Purchase of new building codes, approximately $5000. The necessary copies of the seven core 2018 I-
Codes will be purchased for staff.
Staff training on the new codes is mostly accomplished in-house. When possible, staff will attend code
classes that are offered at various times throughout the year. This additional training cost is expected not to
exceed $5,000.
Triple Bottom Line Scan
The 2018 I-Codes adoption was not identified as one of the select major projects requiring a triple bottom line
scan.
BOARD / COMMISSION RECOMMENDATION
At its October 25, 2018 meeting, the Building Review Board voted unanimously to recommend adoption of the
2018 I-Codes with local amendments.
The Building Review Board unanimously approved their recommendation of adopting the 2018 I-Codes and
local amendments October 25, 2018.
The 2018 I-Codes with proposed amendments were presented to numerous boards and commissions:
City Boards and Commissions:
Water Board, (9/20/18), (Attachment 2)
Commission on Disability, (10/11/18), (Attachment 4)
Energy Board, (10/11/18), (Attachment 5)
Poudre Fire Authority Board, (10/23/18), (Attachment 7)
Affordable Housing Board, (11/1/18), (Attachment 8)
Natural Resource Advisory Board, (10/17/18), (Attachment 9)
Building Review Board, (10/25/18), (Attachment 10)
External Boards:
Board of Realtors, (9/11/18, minutes are not recorded)
Northern Colorado Home Builder Association, (10/9/18), (Attachment 3)
Chamber of Commerce, (10/12/18), (Attachment 6)
There was general approval of the Codes and Amendments as presented to the Committee and Boards. Any
concerns by the committee or these boards was addressed in the local amendment changes listed above.
Agenda Item 22
Item # 22 Page 14
ATTACHMENTS
1. Building Code Committee List-2018 (PDF)
2. Water Board Minutes (PDF)
3. Home Builders Association Minutes October 9, 2018 (PDF)
4. Commission on Disability Minutes October 11, 2018 (PDF)
5. Energy Board Minutes October 11, 2018 (PDF)
6. Chamber of Commerce Minutes October 12, 2018 (PDF)
7. Poudre Fire Authority Board Minutes October 12, 2018 (PDF)
8. Affordable Housing Board Minutes November 1, 2018 (PDF)
9. Natural Resources Advisory Board October 17, 2018 Minutes (PDF)
10. Building Review Board Minutes October 25, 2018 Minutes (Draft) (PDF)
11. PowerPoint Presentation (PDF)
12. Ordinance No. 149, 2018 (PDF)
13. Ordinance No. 150, 2018 (PDF)
14. Ordinance No. 151, 2018 (PDF)
15. Ordinance No. 152, 2018 (PDF)
16. Ordinance No. 153, 2018 (PDF)
17. Ordinance No. 154, 2018 (PDF)
18. Ordinance No. 155, 2018 (PDF)
19. Ordinance No. 156, 2018 (PDF)
20. Ordinance No. 174, 2018 (PDF)
- 1 -
ORDINANCE NO. 150, 2018,
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 2015
INTERNATIONAL ENERGY CONSERVATION CODE AND ADOPTING THE
2018 INTERNATIONALENERGY 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 seven interconnected basic construction codes under one
publication year; and
WHEREAS, the seven interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, and International Property
Maintenance Code; and
WHEREAS, the City Council has determined that the 2018 publication year of the seven
interconnected basic construction codes ought to be adopted and that any counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2018 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 seven interconnected basic construction codes has been
presented to and recommended by the Board of Realtors, Water Board, Energy Board,
Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board,
Building Review Board, Affordable Housing Board, Air Quality Advisory Board, Northern
Colorado Home Builder Association and the Chamber of Commerce; 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 2015 International Energy Conservation
Code, as previously adopted and amended by the City pursuant to Ordinance No. 072, 2017, be
repealed and that in its place, the 2018 International Energy Conservation Code be adopted, with
local amendments as set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter 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 is 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 Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2018 International Building
- 2 -
Code on November 18, 2018, and November 25, 2018; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of
Public Hearing dated November 18, 2018, 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 5-26(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(c) Pursuant to the power and authority conferred on the City Council by Section 31-
16-202, C.R.S., and Article II, Section 7 of the Charter, the City Council hereby repeals
the2015International Energy Conservation Code (2015 IECC), and adopts, as the energy
conservation code of the City, the 2018 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.
Section 3. 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 the 2018 International Energy Conservation
Code
1
The 2018 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:
1 Changes to the 2018 International Energy Conservation Code are shown as follows: inserted language is
highlighted in yellow and deleted language is shown as stricken.
- 3 -
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) Section C101.4 Applicability is hereby retained in its entirety with the following
amendments:
. . .
Information contained in the amended Commercial Sections: C101.1 Title; C103.7
Permits; C104 Fees; C109 Board of Appeals; C110 Violations; C110.2 Work
commencing before permit issuance; C202 Definitions; C301.5 Exterior and Interior
design parameters; C402.2 Specific building thermal envelope insulation requirements,
shall be applicable to the corresponding Residential Sections and shall have the same
meaning.
(3) A new Section C101.4.2 Energy assessment is hereby added to read as follows:
C101.4.2 Energy assessment. Prior to any alterations, an energy assessment shall be
completed and submitted to the building official.
Exceptions: Energy assessments are not required in the following cases.
1. Buildings for which the first Certificate of Occupancy was issued after October
2010.
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, and exterior walls systems, or
replacement of such with a construction valuation of less than $50,000.
5. Residential buildings.
(4) 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 Section 105 of the adopted
International Building Code, entitled ‘Permits’.
(5) Section C104 Fees is hereby deleted and replaced in its entirety and the following is hereby
added in lieu thereof:
SECTION C104
FEES
- 4 -
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 any
work before obtaining the necessary permits shall be subject to an additional fee established
by the code official that, which 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 Fees. All items relating to fees shall be as specified in Section 109 of the adopted
International Building Code, entitled “Fees.”
(6) Section C109 Board of Appeals is hereby deleted and replaced in its entirety and the
following is hereby added in lieu thereof:
SECTION C109
BOARD OF APPEALS
C109.1 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.
C109.2 Limitations on authority. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or an equally good or better form
of construction is proposed. The board shall have no authority to waive requirements of
this code.
C109.3 Qualifications. The board of appeals shall consist of members who are qualified
by experience and training and are not employees of the jurisdiction.
C109 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 “Board of Appeals.”
(7) A new Section C110.1 Violations is hereby added to read as follows:
C110.1 Violations. 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 guilty
of a misdemeanor and shall be subject to the penalties and fines specified in Section 1-15
- 5 -
of the City Code.
(8) A new Section C110.2 Work commencing before permit issuance is hereby added to read
as follows:
C110.2 Work commencing before permit issuance. In addition to the penalties set forth
in Section 110.1, 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,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more than
$1,000 for the first such violation. A person or firm committing the same such violation
repeatedly shall be subject to a fine equal to double the amount of the permit fee or double
the amount of the fee imposed for the preceding violation, whichever is greater, for every
such subsequent violation committed within 180 days of a previous violation. Said fines
may be appealed to the City Manager pursuant to Chapter 2, Article VI of the City Code.
(9) Section C202 DEFINITIONS, is hereby amended by adding, in alphabetical order, the
following definitions:
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 designed by a licensed professional engineer shall not be
considered electric heat.
NON-ELECTRIC HEAT: An indoor environmental primary heat source that is gas or that
is a ground-source electric heat pump designed by a licensed professional engineer to
operate without the use of supplemental electric resistance heat.
(10) 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 (
o
F) = 6
Winter Indoor, Design Dry-bulb (
o
F) = 72
Summer, Outdoor Design Dry-bulb (
o
F) = 90
Summer, Indoor Design Dry-bulb (
o
F) = 75
Summer, Outdoor Design Wet-bulb (
o
F) = 62
Summer, Indoor Design Wet-bulb (
o
F) = 62
Degree Days heating = 5710
Degree days cooling = 694
- 6 -
Fort Collins is in Climate Zone 5B.
(11) Section C402.1.3 Insulation component R-value-based method is hereby retained in its
entirety with the following amendments:
. . .
Exception: For buildings using electric heat at the power density of 1.5 Watts per square
foot or greater, the building thermal envelope values in Table C402.1.5 shall be
mandatory.
(12) Section C402.1.4 Assembly U-factor, C-factor or F-factor-based method is hereby
retained in its entirety with the following amendments:
. . .
Exception: For buildings using electric heat at the power density of 1.5 Watts per square
foot or greater, the building thermal envelope values in Table C402.1.5 shall be
mandatory.
(13) Table C402.1.5 Building thermal envelope is hereby added to read as follows:
Opaque elements R-value requirements shall be in accordance with Table C402.1.3 or otherwise
specified in the table below. The U-factor requirements shall be in accordance with Table
C402.1.4 or otherwise specified in the table below. Any cavities not shown below must use the
normal prescriptive table.
TABLE C402.1.5 (Mandatory)
BUILDING THERMAL ENVELOPE REQUIREMENTS FOR ELECTRIC HEAT
Building area to be insulated All other Group R
Assembly max
U-value
Roofs - Insulation above deck R-30ci R-30ci 0.039
Roof - Metal bldg roof R-19+R-11 LS R-19+R-11 LS 0.035
Roof - Attic and other R-49 R-49 0.021
Above grade wall - mass wall R-15ci R-15ci 0.08
Above grade wall - metal bldg wall R-13+R-7.5 ext ci R-13+R-7.5 ext ci 0.06
Above grade wall - metal framed
wall
R-13+R-10ci R-13+R-10ci 0.052
Above grade wall - wood framed
wall
R-15+R7.5ci or
R-19+5cic
R-15+R7.5ci or
R-19+5cic
0.048
- 7 -
Below grade wall R-10ci R-10ci 0.092
Floor - mass R-15ci R-15ci 0.055
Floor - steel joist R-30+7.5ci R-30+7.5ci 0.029
Floor - wood joist/framing R-38 R-38 0.026
Slab on grade - unheated R-10ci for 2ft R-10ci for 2ft F-0.540
Slab on grade - heated
R15 for 3ft+R-5
full slab
R15 for 3ft+R-5
full slab
F-0.79 & 0.64
Opaque non-swinging doors R-4.75 R-4.75 0.37
The following definitions apply: ci = continuous insulation, Ls = liner system, NR = No (insulation) requirement.
a Nonmetal framing includes framing materials other than metal with or without metal reinforcing or cladding.
b Metal framing includes metal framing with or without thermal break. The “all other” subcategory includes operable windows, fixed windows, and non-
entrance doors.
c 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
(Prescriptive) is hereby retained in its entirety with the following amendments:
C402.2 Specific building thermal envelope insulation requirements (Prescriptive)
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 C402.2.2 Above-grade walls is hereby retained in its entirety with the following
amendments:
Section C402.2.2 Above-grade walls (Mandatory)
…
(16) Section C402.2.4 Slab-on grade-perimeter insulation is hereby retained in its entirety with
the following amendments:
Section C402.2.4 Slabs-on-grade perimeter insulation (Mandatory)
Fenestration Assembly Max. U
Vertical Fenestration, (up to 40% of Wall maximum)
Nonmetal framing: alla
Metal fr: curtainwall/storefrontb
Metal framing: entrance doorb
Metal framing: all otherb
U-0.25
U-0.35
U-0.70
U-0.45
Skylight (up to 3% of Roof maximum)
SHGC
Uall-0.50
U-0.40
- 8 -
…
(17) Section C402.2.5 Below-grade walls is hereby deleted and replaced in their entirety and
the following is hereby added in lieu thereof:
C402.2.5 Below-grade walls. The C-factor for the below-grade exterior walls shall be in
accordance with Table C402.1.4. The R-value of the insulating material installed
continuously within or on the below-grade exterior walls of the building envelope shall
be in accordance with Table C402.1.3. The C-factor or R value required shall extend to a
depth of not less than 10 feet (3048 mm) below the outside finished ground level, or to
the level of the lowest floor of the conditioned space enclosed by the below-grade
wall, whichever is less.
C402.2.5 Thermal resistance of below-grade walls. The minimum thermal resistance (R-
value) of the insulating material installed in, or continuously on, the below-grade walls
shall be R-10 and shall extend to a depth of 10 feet (3,048 mm) below the outside finish
ground level, or to the level of the floor, whichever is less.
(18) Sections C402.5 Air leakage-thermal envelope (Mandatory), are hereby deleted and
replaced in their entirety and the following is hereby added in lieu thereof:
Section C402.5 Air leakage-thermal envelope (Mandatory). The thermal envelope of
buildings shall comply with Sections C402.5.1 through C402.5.8, or the building thermal
envelope shall be tested in accordance with ASTM E 779 at a pressure differential of 0.3
inch water gauge (75 Pa) or an equivalent method approved by the code official and
deemed to comply with the provisions of this section when the tested air leakage rate of
the building thermal envelope is not greater than 0.40 cfm/ft
2
(0.2 L/s • m
2
). Where
compliance is based on such testing, the building shall also comply with Sections C402.5.5,
C402.5.6 and C402.5.7.
C402.5.1 Air barriers. A continuous air barrier shall be provided throughout the building
thermal envelope. The air barriers shall be permitted to be located on the inside or outside
of the building envelope, located within the assemblies composing the envelope, or any
combination thereof. The air barrier shall comply with Sections C402.5.1.1 and C402.5.1.2.
Section C402.5 Air leakage-thermal envelope (Mandatory). The building thermal envelope shall
be designed and constructed with a continuous air barrier that complies with the following
requirements to control air leakage into, or out of, the conditioned space. The 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 through C402.5.8, and the building thermal envelope shall be tested in
accordance with ASTM E 779 at a pressure differential of 0.3 inch water gauge (75 Pa) or an
- 9 -
equivalent method approved by the code official and deemed to comply with the provisions of this
section when the tested air leakage rate of the building thermal envelope is not greater than 0.25
cfm/ft2 (0.2.0 L/s ·• m
2
under a pressure differential of 75 Pa) or in accordance with the most
current version of the City of Fort Collins Building Air Leakage Test Protocol for commercial
buildings or 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 fails air leakage testing, the testing agency is required to perform
a diagnostic evaluation in accordance with ASTM E1186-03. 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 C402.5.5, C402.5.6 and C402.5.7.
(19) Section C405.2.1 Occupant sensor controls is hereby retained in its entirety with the
following amendments:
. . .
In new construction and additions that require a building permit, 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 the following locations:
1. corridors and enclosed stairwells;
2. storage stack areas not open to the public;
3. library stack areas; and
4. parking garages.
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.
(20) Section C405.2.4 Specific application controls is hereby retained in its entirety with the
following amendments:
…
5. In hotels and motels the sleeping units shall have control devices or systems that are
configured to automatically switch off all permanently installed luminaires, switched receptacles,
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.
…
- 10 -
(21) Section C405.2.6.1 Daylight shutoff is hereby retained in its entirety with the following
amendments:
C405.2.6.1 Daylight shutoff. Lights shall be automatically turned off when daylight is
present and satisfies the lighting needs or within 30 minutes after sunrise.
(22) Section 405.2.6.3 Lighting setback is amended to read as follows:
C405.2.6.3 Lighting setback Exterior lLighting that is not controlled in accordance with
Section C405.2.6.2 shall be controlled in accordance with Section C405.2.6.2 shall be
controlled so that the total wattage of such lighting is automatically reduced by not less
than 3050 percent by selectively switching off or dimming luminaires at one of the
following times: from not later than one hour after business closing to not earlier than one
hour before business opening.
1. From not later than midnight to not earlier than 6 a.m.
2. From not later than one hour after business closing to not earlier than one hour
before business opening.
3. During any time where activity has not been detected for 15 minutes or more.
(23) A new Section C405.10 Electricity distribution design is hereby added to read as follows:
C405.10 Electricity distribution design requirements and load type isolation. Electric
distribution systems within, on or adjacent to and serving a new building shall be designed
in such fashion that each primary panel supplies only one electricity load type as defined
in Sections C405.10.1 through C405.10.5. The energy load type served by each
distribution panel shall be clearly designated on the panel with the use served, and adequate
space shall be provided for installation of metering equipment or other data collection
devices, temporary or permanent, to measure the energy use associated with each
distribution panel.
Exceptions:
1. Buildings or spaces with less than 600 amp electric service are exempted from this
requirement.
2. Electrical systems that are designed and constructed in such fashion that the total
usage of each of the load types as described in Sections C405.10.1 through
C405.10.5 shall be permitted to be measured through the use of installed sub-meters
or other equivalent methods as approved.
3. Group U occupancies
C405.10.1 Heating, ventilating, and air conditioning system electric load. This
category shall include all electricity used to heat, cool, and provide ventilation to the
- 11 -
building including, but not limited to, fans, pumps, and cooling energy.
C405.10.2 Lighting system electric load. This category shall include all electricity for
interior and exterior lighting used in occupant spaces and common areas.
C405.10.3 Plug loads. This category shall include all electricity use by devices, electric
appliances and equipment connected to convenience receptacle outlets.
C405.10.4 Process loads. This category shall include all electricity used by any single
load associated with activities within the building, such as, but not limited to, data centers,
manufacturing equipment and commercial kitchens, that exceed 5% of the total energy use
of the whole building.
C405.10.5 Miscellaneous loads. This category shall include all electricity use for all other
building operations and other operational loads.
(24) Section C408 System commissioning is hereby deleted and replaced in its entirety and the
following is hereby added in lieu thereof:
SECTION C408
MAINTENANCE INFORMATION AND SYSTEM COMMISSIONING
C408.1 General. This section covers the provision of maintenance information and the
commissioning of, and the functional testing requirements for, building systems.
C408.1.1 Building operations and maintenance information. The building operations
and maintenance documents shall be provided to the owner and shall consist of
manufacturers’ information, specifications and recommendations; programming
procedures and data points; narratives; and other means of illustrating to the owner how
the building, equipment and systems are intended to be installed, maintained and operated.
Required regular maintenance actions for equipment and systems shall be clearly stated on
a readily visible label. The label shall include the title or publication number for the
operation and maintenance manual for that particular model and type of product.
C408.2 Mechanical systems and service water-heating systems commissioning and
completion requirements. Prior to passing the final mechanical and plumbing
inspections, the registered design professional or approved agency shall provide evidence
of mechanical and plumbing 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 and made available to the code official upon request in accordance with Sections
C408.2.4 and C408.2.5.
Exception:
The following systems are exempt:
1. Mechanical systems and service water heater 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 capacity.
- 12 -
2. Systems included in Section C403.5 that serve individual dwelling units and sleeping
units.
C408.2.1 Commissioning plan. A commissioning plan shall be developed by a registered
design professional or approved agency and shall include the following items:
1. A narrative description of the activities that will be accomplished during each phase of
commissioning, including the personnel intended to accomplish each of the activities.
2. A listing of the specific equipment, appliances or systems to be tested and a description
of the tests to be performed.
3. Functions to be tested, including, but not limited to calibrations and economizer controls.
4. Conditions under which the test will be performed. Testing shall affirm winter and
summer design conditions and full outside air conditions.
5. Measurable criteria for performance.
C408.2.2 Systems adjusting and balancing. HVAC systems shall be balanced in
accordance with generally accepted engineering standards. Air and water flow rates shall
be measured and adjusted to deliver final flow rates within the tolerances provided in the
product specifications. Test and balance activities shall include air system and hydronic
system balancing.
C408.2.2.1 Air systems balancing. Each supply air outlet and zone terminal device shall
be equipped with means for air balancing in accordance with the requirements of Chapter
6 of the International Mechanical Code. Discharge dampers used for air-system balancing
are prohibited on constant volume fans and variable volume fans with motors 10 hp (18.6
kW) and larger. Air systems shall be balanced in a manner to first minimize throttling
losses then, for fans with system power of greater than 1 hp (0.746 kW), fan speed shall be
adjusted to meet design flow conditions.
Exception:
Fans with fan motors of 1 hp (0.74 kW) or less are not required to be provided with a means
for air balancing.
C408.2.2.2 Hydronic systems balancing. Individual hydronic heating and cooling coils
shall be equipped with means for balancing and measuring flow. Hydronic systems shall
be proportionately balanced in a manner to first minimize throttling losses, then the pump
impeller shall be trimmed or pump speed shall be adjusted to meet design flow conditions.
Each hydronic system shall have either the capability to measure pressure across the pump,
or test ports at each side of each pump.
Exceptions: The following equipment is not required to be equipped with a means for
balancing or measuring flow:
1. Pumps with pump motors of 5 hp (3.7 kW) or less.
2. Where throttling results in no greater than five percent of the nameplate horsepower
draw above that required if the impeller were trimmed.
C408.2.3 Functional performance testing. Functional performance testing specified in
Sections C408.2.3.1 through C408.2.3.3 shall be conducted.
C408.2.3.1 Equipment. Equipment functional performance testing shall demonstrate the
installation and operation of components, systems, and system-to-system interfacing
relationships in accordance with approved plans and specifications such that operation,
function, and maintenance serviceability for each of the commissioned systems is
confirmed. Testing shall include all modes and sequence of operation, including under full-
load, part-load and the following emergency conditions:
1. All modes as described in the sequence of operation;
2. Redundant or automatic back-up mode;
- 13 -
3. Performance of alarms; and
4. Mode of operation upon a loss of power and restoration of power.
Exception:
Unitary or packaged HVAC equipment listed in Tables C403.2.3(1) through
C403.3.2(3)that do not require supply air economizers.
C408.2.3.2 Controls. HVAC and service water-hearing control systems shall be tested to
document that control devices, components, equipment, and systems are calibrated,
adjusted and operate in accordance with approved plans and specifications. Sequences of
operation shall be functionally tested to document they operate in accordance with
approved plans and specifications.
C408.2.3.3 Economizers. Air economizers shall undergo a functional test to determine
that they operate in accordance with manufacturer’s specifications.
C408.2.4 Preliminary commissioning report. A preliminary report of commissioning test
procedures and results shall be completed and certified by the registered design
professional or approved agency and provided to the building owner or owner’s authorized
agent. The report shall be organized with mechanical and service hot water findings in
separate sections to allow independent review. The report shall be identified as
“Preliminary Commissioning Report” shallinclude the completed Commission
Compliance Checklist, Figure C408.2.4, and shall identify:
1. Itemization of deficiencies found during testing required by this section that have not
been corrected at the time of report preparation.
2. Deferred tests that cannot be performed at the time of report preparation because of
climatic conditions.
3. Climatic conditions required for performance of the deferred tests.
4. Results of functional performance tests.
5. Functional performance test procedures used during the commissioning process,
including measurable criteria for test acceptance.
C408.2.4.1 Acceptance of report. Buildings, or portions thereof, shall not be considered
as an acceptable for a final inspection pursuant to Section C105.2.6 until the code official
has received the Preliminary Commissioning Report from the building owner or owner’s
authorized agent.
C408.2.4.2 Copy of report. The code official shall be permitted to require that a copy of
the Preliminary Commissioning Report be made available for review by the code official.
C408.3.2 Documentation requirements. The construction documents shall specify that
the documents described in this section be provided to the building owner or owner’s
authorized agent within 90 days of the date of receipt of the certificate of occupancy.
C408.3.2.1 Drawings. Construction documents shall include the location and catalogue
number on each piece of equipment.
C408.3.2.2 Manuals. An operating and maintenance manual shall be provided and include
all of the following:
1. Name and address of not less than one service agency for installed equipment.
2. A narrative of how each system is intended to operate, including recommended setpoints.
3. Submittal data indicating all selected options for each piece of lighting equipment and
lighting controls.
4. Operation and maintenance manuals for each piece of lighting equipment. Required
routine maintenance actions, cleaning and recommended relamping shall be clearly
identified.
5. A schedule for inspecting and recalibrating all lighting controls.
- 14 -
6.
C408.2.5.3 System balancing report. A written report describing the activities and
measurements completed in accordance with Section C408.2.2.
C408.2.5.4 Final commissioning report. A report of test procedures and results identified
as “Final Commissioning Report” shall be delivered to the building owner and shall
include:
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 which cannot be performed at the time of report preparation due to climatic
conditions.
C408.3 Lighting system functional testing.
Controls for automatic lighting systems shall comply with this section.
C408.3.1 Functional testing.
Prior to passing final inspection, the registered design professional shall provide evidence
that the lighting control systems have been tested to ensure that control hardware and
software are calibrated, adjusted, programmed and in proper working condition in
accordance with the construction documents and manufacturer’s instructions. Functional
testing shall be in accordance with Sections C408.3.1.1 and C408.3.1.2 for the applicable
control type.
C408.3.1.1 Occupant sensor controls.
Where occupant sensor controls are provided, the following procedures shall be performed:
1. Certify that the occupant sensor has been located and aimed in accordance with
manufacturer recommendations.
2. For projects with seven or fewer occupant sensors, each sensor shall be tested.
3. For projects with more than seven occupant sensors, testing shall be done for each
unique combination of sensor type and space geometry. Where multiples of each
unique combination of sensor type and space geometry are provided, not less than 10
percent, but in no case less than one, of each combination shall be tested unless the
code official or design professional requires a higher percentage to be tested. Where 30
percent or more of the tested controls fail, all remaining identical combinations shall
be tested.
For occupant sensor controls to be tested, verify the following:
3.1. Where occupant sensor controls include status indicators, verify correct operation.
3.2. The controlled lights turn off or down to the permitted level within the required time.
3.3. For auto-on occupant sensor controls, the lights turn on to the permitted level when an
occupant enters the space.
3.4. For manual-on occupant sensor controls, the lights turn on only when manually
activated.
3.5. The lights are not incorrectly turned on by movement in adjacent areas or by HVAC
operation.
C408.3.1.2 Time-switch controls.
Where time-switch controls are provided, the following procedures shall be performed:
- 15 -
1. Confirm that the time-switch control is programmed with accurate weekday, weekend
and holiday schedules.
2. Provide documentation to the owner of time- switch controls programming including
weekday, weekend, holiday schedules, and set-up and preference program settings.
3. Verify the correct time and date in the time switch.
4. Verify that any battery back-up is installed and energized.
5. Verify that the override time limit is set to not more than 2 hours.
6. Simulate occupied condition. Verify and document the following:
6.1. All lights can be turned on and off by their respective area control switch.
6.2. The switch only operates lighting in the enclosed space in which the switch is located.
7. Simulate unoccupied condition. Verify and document the following:
7.1. Nonexempt lighting turns off.
7.2. Manual override switch allows only the lights in the enclosed space where the override
switch is located to turn on or remain on until the next scheduled shutoff occurs.
8. Additional testing as specified by the registered design professional.
C408.3.1.3 Daylight responsive controls.
Where daylight responsive controls are provided, the following shall be verified:
1. Control devices have been properly located, field calibrated and set for accurate
setpoints and threshold light levels.
2. Daylight controlled lighting loads adjust to light level set points in response to available
daylight.
3. The locations of calibration adjustment equipment are readily accessible only to
authorized personnel.
C408.3.2 Documentation requirements.
The construction documents shall specify that documents certifying that the installed
lighting controls meet documented performance criteria of Section C405 are to be provided
to the building owner within 90 days from the date of receipt of the certificate of
occupancy.
C408 System Commissioning shall be in conformance with Section 3604 of the adopted
International Building Code, entitled “Commissioning, Operations and Maintenance.”
(25) TABLE R402.1.2 Insulation and Fenestration Requirements by Component is hereby
deleted and replaced in its entirety and the following is hereby added in lieu thereof:
TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
HEATING SYSTEM
TYPE
FENESTRATION
U-FACTORb
SKYLIGHTb
U-FACTOR
GLAZED
FENESTRATION
SHGC
CEILING
R-
VALUE
WOOD
FRAME
WALL
R-VALUE
f
g
MASS
WALL
R-
VALUEg
FLOOR
R-
VALUE
- 16 -
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.
Exception: In Climate Zones 1 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that
the SHGC
for such skylights does not exceed 0.30.
c. “10/13” means R-10 continuous insulation on the interior or exterior of the home or R-13 cavity insulation on the interior of the basement wall.
“15/19” means
R-15 continuous insulation on the interior or exterior of the home or R-19 cavity insulation on the interior of the basement wall. Alternatively,
compliance
with “15/19” shall be R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulation on the interior or exterior of the
home.
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.
e. There are no SHGC requirements in the Marine Zone.
f. Basement wall insulation shall not be required in warm-humid locations as defined by Figure N1101.10 and Table N1101.10.
g. Alternatively, insulation sufficient to fill the framing cavity providing not less than an R-value of R-19.
h. 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.
i. Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies where more than half of the insulation is on the interior
of the masswall.
j. All rim joists and adjoining plates shall be air-sealed and insulated using spray foam insulation to R-15 minimum.
k. All rim joists and adjoining plates shall be air-sealed.
l. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5.
(26) TABLE R402.1.4 Equivalent U-Factors is hereby deleted and replaced in its entirety and
the following is hereby added in lieu thereof:
TABLE R402.1.4
EQUIVALENT U-FACTORSa
HEATING
SYSTEM
TYPE
FENESTRATION
U-FACTOR
SKYLIGHT
U-FACTOR
CEILING
R-VALUE
FRAME
WALL
U-
FACTOR
MASS
WALL
U-FACTORb
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAWL
SPACE
WALL
U-FACTOR
Nonelectric heat 0.30 0.55 0.026 0.057 0.082 0.033 0.050 0.055
Electric heat 0.30 0.55 0.026 0.048 0.060 0.033 0.050 0.055
a. Non-fenestration U-factors shall be obtained from measurement, calculation or an approved source.
b. When more than half the insulation is on the interior, the mass wall U-factor shall be the same as the frame wall
U-factor.
- 17 -
(28) Section R402.2.10 Slab-on-grade floors is hereby retained in its entirety with the
following amendments:
Section R402.2.10 Slab-on-grade floors (Mandatory)
…
(29) A new Section R402.2.14 Rim insulation requirements is hereby added to read as follows:
R402.2.14 Rim insulation requirements. All rim plates and rim joist which are part of
the thermal envelope shall be air-sealed. All rim plates and rim joist which are part of the
thermal envelope shall be insulated using spray foam materials to R-15 minimum when the
basement walls are insulated to 10/13 in accordance with Table R402.1.2.
(30) Section R402.4.1.2 Testing, is hereby retained in its entirety with the following
amendments:
R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as having an air
leakage rate not exceeding five air changes per hour in Climate Zones 1 and 2, and three air changes
per hour in Climate Zones 3 through 8. 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 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. Testing shall comply with the City of Fort Collins Building Code
Protocol for New Multifamily Building Air Tightness Testing.
Testing shall occur after rough-in and after installation of penetrations of the building
thermal envelope, including but not limited to penetrations for utilities, plumbing,
electrical, ventilation and combustion appliances.
General requirements during testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not
sealed beyond the intended weather-stripping or other infiltration control measures.
2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall
be closed, but not sealed beyond intended infiltration control measures.
3. Interior doors, if installed at the time of the test, shall be open.
4. Exterior doors for continuous ventilation systems and heat recovery ventilators shall
be closed and sealed.
5. Heating and cooling systems, if installed at the time of the test, shall be turned off.
6. Supply and return registers, if installed at the time of the test, shall be fully open.
7. Combustion air inlets shall not be closed or otherwise obstructed.
8. Garage doors to the exterior shall be closed.
In additions or alterations to existing buildings, air sealing compliance shall be considered
acceptable when the items listed in Table R402.4.1.1, applicable to the method of
- 18 -
construction, are field-verified.
(31) Section R402.5 Maximum fenestration U-factor and SHGC (Mandatory) is hereby
retained in its entirety with the following amendments:
The area-weighted average maximum fenestration U-factor permitted using tradeoffs from
Section R402.1.5 or R405 shall be 0.480.40 for vertical fenestration and 0.75 for skylights
. 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 0.50.
(32) Section R403.3.1 Insulation (Prescriptive) is hereby retained in its entirety with the
following amendments:
R403.3.1 Insulation (Prescriptive)(Mandatory).
. . .
(33) A new Section R403.3.7 Ducts located in conditioned space is hereby deleted in its
entirety, and replaced with the following in lieu thereof:
R403.3.7 Ducts located in conditioned space. For ducts to be considered as inside a
conditioned space, such ducts shall comply with either of the following:
1. The duct system shall be located completely within the continuous air barrier and within
the building thermal envelope.
2. The ducts shall be buried within ceiling insulation in accordance with Section R403.3.6
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 post-
construction total system leakage test to outside the building thermal envelope in
accordance with Section R403.3.4, 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.
R403.3.7 Ducts located in conditioned space. For ducts 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.
(34) Section R403.7 Equipment sizing and efficiency rating (Mandatory) is hereby retained in
its entirety with the following amendments:
- 19 -
R403.7 Equipment sizing and efficiency rating (Mandatory). 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 in accordance with
International Residential Code Section M1401.3 and performance will be verified in
accordance with International Residential Code Section M1309.
(35) A new Section R404.2 Occupant sensor controls is hereby added to read as follows:
R404.2 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.
(36) A new Section R405.1 Scope is hereby retained in its entirety with the following
amendments:
R405.1 Scope. This section establishes criteria for compliance using simulated energy
performance analysis. Such analysis shall include heating, cooling, mechanical ventilation and
service water heating energy only. In addition, requirements for the Simulated Performance
Alternative are detailed within The City of Fort Collins Residential New Construction Simulated
Performance Alternative (SPA) Guide.
Exception: In addition to all mandatory sections, new buildings, additions, or alterations where the
primary heat source is electrical shall comply with prescriptive portions of the code.
(37) Chapter 6 REFERENCED STANDARDS is hereby amended by adding, in alphabetical
order, the following additional referenced standard:
RESNET® Mortgage Industry National Home Energy Rating Systems Standards
Residential Energy Services Network, Inc.
P.O. Box 4561
Oceanside, CA 92052-4561
http://resnet.us
RESNET® reference standard Grade I and Grade II Insulation
Referenced in Amended 2012 IECC Section C402.2.
- 20 -
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 18th day of
December, A.D. 2018, and to be presented for final passage on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
ORDINANCE NO. 152, 2018
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
ADOPTING THE 2018 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 seven interconnected basic construction codes under one
publication year; and
WHEREAS, the seven interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, and International Property
Maintenance Code; and
WHEREAS, the City Council has determined that the 2018 publication year of the seven
interconnected basic construction codes ought to be adopted and that any counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2018 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 seven interconnected basic construction codes has been
presented to and recommended by the Board of Realtors, Water Board, Energy Board,
Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board,
Building Review Board, Affordable Housing Board, Air Quality Advisory Board, Northern
Colorado Home Builder Association and the Chamber of Commerce; 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 2018 International Existing Building Code
be adopted, with local amendments as set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter 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 is 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 Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2018 International Building
Code on November 18, 2018, and November 25, 2018; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of
Public Hearing dated November 25, 2018, 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 a new Section 5-32 of the Code of the City of Fort Collins is hereby
adopted to read as follows:
Sec. 5-32. – Adoption of standards.
Pursuant to the power and authority conferred on the City Council by 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 the 2018 International Existing Building Code (2018
IEBC), 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 5-33 of the
City Code. The subject matter of the 2018 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 3. That a new Section 5-33 of the Code of the City of Fort Collins is hereby
adopted, to read as follows:
Sec. 5-33. - Amendments and deletions to the 2018 International Existing Building
Code.
Fort Collins Amendments to the
2018 International Existing Building Code
Municipal Code Sec. 5-33 Amendments and deletions to code.
1
The 2018 INTERNATIONAL EXISTING BUILDING CODE adopted herein is hereby amended in the
following respects:
1. Section 101.1 Title is hereby retained in its entirety with the following amendments:
1 Changes to the 2018 International Existing Building Code are shown as follows: inserted language is highlighted
in yellow and deleted language is shown as stricken.
101.1 Title. These regulations shall be known as the International Existing Building Code of the
City of Fort Collins, hereinafter referred to as “this code”.
Section 102.4 Referenced codes and standards, is hereby retained in its entirety with the
following amendments:
2. 102.4 Referenced codes and standards. The codes and standards referenced in this code
shall be considered part of the requirements of this code to the prescribed extent of each
such reference and as further regulated in Sections 102.4.1 and 102.4.2. Section 101.4 of
the adopted International Building Code, entitled ‘Referenced Codes’.
Exception: Where enforcement of a code provision would violate the conditions of the listing of
the equipment or appliance, the conditions of the listing shall govern.
3. Section 103 Department of Building Safety is hereby deleted in its entirety and the
following is hereby added in lieu thereof:
SECTION 103 DEPARTMENT OF BUILDING SAFETY
[A] 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created,
and the official in charge thereof shall be known as the code official.
[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, the related technical officers, inspectors, plan examiners, 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 104.10.1 Flood hazard areas is hereby deleted in its entirety and the following is
hereby added in lieu thereof:
[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 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’.
5. Section 105.3.2 Time limitation of application is hereby retained in its entirety with the
following amendments:
[A] 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 107 TEMPORARY STRUCTURES AND USES is hereby deleted in its entirety.
TEMPORARY STRUCTURES AND USES
[A] 107.1 General. The code official is authorized to issue a permit for temporary uses. Such
permits shall be limited as to time of service but shall not be permitted for more than 180 days.
The code official is authorized to grant extensions for demonstrated cause.
[A] 107.2 Conformance. Temporary uses shall conform to the structural strength, fire safety,
means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary
to ensure the public health, safety and general welfare.
[A] 107.3 Temporary power. The code official is authorized to give permission to temporarily
supply and use power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered by the
temporary certificate shall comply with the requirements specified for temporary lighting, heat or
power in NFPA 70.
[A] 107.4 Termination of approval. The code official is authorized to terminate such permit for
a temporary use and to order the temporary use to be discontinued.
7. Section 108 Fees is hereby deleted in its entirety and the following is hereby added in lieu
thereof:
[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.
[A] 108.2 Schedule of permit fees. On buildings, 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.
[A] 108.3 Building 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 electrical, gas, mechanical,
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] 108.4 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.
[A] 108.5 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 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.
[A] 108.6 Refunds. The code official is authorized to establish a refund policy.
SECTION 108 FEES
108 Payment of fees. All items relating to fees shall be as specified in Section 109 of the adopted
International Building Code, entitled ‘Fees’.
108.1 Work commencing before permit issuance. Requirements shall be as determined in
accordance with Section 114.5 of the adopted International Building Code, as amended.
8. Section 112 BOARD OF APPEALS is hereby retained in its entirety with the following
amendments:
[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 governing
body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting
its business.
[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 equally good or better form of construction is
proposed. The board shall not have authority to waive requirements 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.
112 BOARD 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 retained in its entirety with the following
amendments:
[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. hereby retained in its entirety with the following
amendments:
703.1 General. Alterations shall be done in a manner that maintains the level of fire protection
provided required.
11. Section [BS] 1103.3 Flood hazard areas is hereby deleted in its entirety and the following
is hereby added in lieu thereof:
[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.
[BS] 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 the Code of the City, Chapter 10, entitled ‘Flood Prevention and
Protection’.
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 18th day of
December, A.D. 2018, and to be presented for final passage on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
ORDINANCE NO. 153, 2018
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 ADOPTING THE 2018
INTERNATIONAL 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 seven interconnected basic construction codes under one
publication year; and
WHEREAS, the seven interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, and International Property
Maintenance Code; and
WHEREAS, the City Council has determined that the 2018 publication year of the seven
interconnected basic construction codes ought to be adopted and that any counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2018 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 seven interconnected basic construction codes has been
presented to and recommended by the Board of Realtors, Water Board, Energy Board,
Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board,
Building Review Board, Affordable Housing Board, Air Quality Advisory Board, Northern
Colorado Home Builder Association and the Chamber of Commerce; 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 2018 International Pool and Spa Code be
adopted, with local amendments as set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter 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 is 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 Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2018 International Building
Code on November 18, 2018, and November 25, 2018; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of
Public Hearing dated November 18, 2018, 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 a new Section 5-34 of the Code of the City of Fort Collins is hereby
adopted, to read as follows:
Sec. 5-34. – Adoption of standards.
Pursuant to the power and authority conferred on the City Council by 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 the 2018 International Swimming Pool and Spa
Code (2018 ISPSC), 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 5-107 of the City Code. The subject matter of the 2018 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 3. That a new Section 5-35 of the Code of the City of Fort Collins is hereby
adopted, to read as follows.
Fort Collins Amendments to the
2018 International Swimming Pool and Spa Code
Municipal Code Sec. 5-107 Amendments and deletions to code.
1
The 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE adopted herein is hereby
amended in the following respects:
1. Section 101.1 Title is hereby retained in its entirety with the following amendments:
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”.
1 Changes to the 2018 International Swimming Pool and Spa Code are shown as follows: inserted language is
highlighted in yellow and deleted language is shown as stricken.
2. Sections 103.1 and 103.2 Department of Building Safety are hereby deleted in its entirety
and the following is hereby added in lieu thereof:
SECTION 103 DEPARTMENT OF BUILDING SAFETY
[A] 103.1 Creation of enforcement agency. The department of building safety is hereby created
and the official in charge thereof shall be known as the code official.
[A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of
the jurisdiction.
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’.
3. Section 105.5.1 Approved construction documents is hereby retained in its entirety with
the following amendments:
[A] 105.5.1 Approved construction documents. When the code official issues the permit where
construction documents are required, the construction documents shall be approved in writing or
by stamp indicating the approved permit number. endorsed in writing and stamped “APPROVED.”
Such approved construction documents shall not be changed, modified or altered without
authorization from the code official. Work shall be done in accordance with the approved
construction documents.
The code official shall have the authority to issue a permit for the construction of a part of a system
before the entire construction documents for the whole system have been submitted or approved,
provided that adequate information and detailed statements have been filed complying with
pertinent requirements of this code. The holders of such permit shall proceed at their own risk
without assurance that the permit for the entire system will be granted.
4. Section 105.6 Fees is hereby deleted in its entirety and the following is hereby added in
lieu thereof:
[A] 105.6 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] 105.6.1 Work commencing before permit issuance. Any person who commences any work
on a system before obtaining the necessary permits shall be subject to a fee as indicated in the
adopted fee schedule and would be in addition to the required permit fees.
[A] 105.6.2 Fee schedule. The fees for work shall be as indicated in the following schedule:
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]
[A] 105.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows:
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than [SPECIFY PERCENTAGE] percent of the permit fee paid when no work
has been done under a permit issued in accordance with this code.
3. Not more than [SPECIFY PERCENTAGE] percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan review effort has been expended.
The code official shall not authorize the refunding of any fee paid except upon written application
filed by the original permittee not later than 180 days after the date of fee payment.
SECTION 105.6 FEES
105.6 Payment of fees. All items relating to fees shall be as specified in Section 109 of the adopted
International Building Code, entitled ‘Fees’.
5. Section 108 MEANS OF APPEAL is hereby deleted in its entirety and the following is
hereby added in lieu thereof:
[A] 108.1 Application for appeal. Any person shall have the right to appeal a decision of the code
official to the board of appeals. An application for appeal shall be based on a claim that the true
intent of this code or the rules legally adopted there under 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 application shall be filed on a form obtained from the code official within 20 days
after the notice was served.
108 BOARD OF APPEALS. Requirements shall be as determined in accordance with Section
113 of the adopted International Building Code, as amended.
6. Section 304 Flood hazard areas is deleted in its entirety and the following is hereby added
in lieu thereof:
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.
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.
7. Section 403 BATHER LOAD is hereby retained in its entirety with the following
amendments:
403.1 Maximum bather load. The maximum bather load of Class B and Class C pools shall be
in accordance with Table The maximum bather occupant load shall be per the International
Building Code, chapter 10, as adopted.
8. Section 410 SANITARY FACILITIES is hereby retained in its entirety with the following
amendments:
410.1 Toilet facilities. Class A and B, 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.
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 18th day of
December, A.D. 2018, and to be presented for final passage on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 154, 2018
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 AMENDING THE
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE
WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally
recognized building standards available for the times; and
WHEREAS, the City currently recognizes the 2006 International Property Maintenance
Code at Chapter 5, Article II of the Code of the City of Fort Collins, with local amendments thereto
(“IPMC”), which IPMC applies to all existing residential and nonresidential structures and all
existing premises; and
WHEREAS, the IPMC 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, 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 local amendments to the IPMC be further
amended to clarify requirements pertaining to dangerous structures or premises and historical
structures.
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 5-47 of the Code of the City of Fort Collins is hereby retained
in its entirety with the following amendments:
(1) Section 108.1.5. Dangerous structure or premises is hereby retained in its entirety with
the following amendments:
108.1.5 Dangerous structure or premises. A structure or premises is dangerous if any
part, element or component thereof is no longer within its serviceability limit or strength
limit state as defined in this code or, when considered in totality, the structure or premises
pose an imminent threat danger to the health and safety of the public or the occupants of
the structure or premises as referenced in Appendix A of this code.
(2) A new Section 110.1.1 Historical, is added to read as follows:
110.1.1 Historical. Notwithstanding Subsection 110.1, 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
Municipal Code that in the building 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 building official shall order the owner to repair the site, structure, or object
- 2 -
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.
(3) The definition of “Imminent Danger” found at Section 202 General Definitions is hereby
retained in its entirety with the following amendments:
IMMINENT DANGER. An existing condition whichthat couldis reasonably likely to
cause immediate serious or life-threatening injury or death at any time.
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 18th day of
December, A.D. 2018, and to be presented for final passage on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 155, 2018
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
2015 INTERNATIONAL MECHANICAL CODE, AND ADOPTING THE
2018 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 seven interconnected basic construction codes under one
publication year; and
WHEREAS, the seven interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, and International Property
Maintenance Code; and
WHEREAS, the City Council has determined that the 2018 publication year of the seven
interconnected basic construction codes ought to be adopted and that any counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2018 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 seven interconnected basic construction codes has been
presented to and recommended by the Board of Realtors, Water Board, Energy Board,
Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board,
Building Review Board, Affordable Housing Board, Air Quality Advisory Board, Northern
Colorado Home Builder Association and the Chamber of Commerce; 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 2015 International Mechanical Code, as
previously adopted and amended by the City pursuant to Ordinance No. 072, 2017, be repealed
and that in its place, the 2018 International Mechanical Code be adopted, with local amendments
as set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter 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 is 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 Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2018 International Building
Code on November 18, 2018, and November 25, 2018; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of
Public Hearing dated November 18, 2018, that was so published and which the Council hereby
finds meets the requirements of Article II, Section 7 of the City Charter.
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 5-106 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 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 2018 International Mechanical Code (2018 IMC), 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 5-107 of the City Code. The subject matter of the 2018
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 2018
International Mechanical Code Appendices are hereby adopted.
Section 3. That Section 5-107 of the Code of the City of Fort Collins is hereby repealed
and re-enacted to read in its entirety as follows:
Sec. 5-107. - Amendments and deletions to the 2018 International Mechanical Code.
1
The 2018 INTERNATIONAL MECHANICAL CODE adopted in § 5-106 is hereby amended in the
following respects:
(1) Section 101.1 Title is hereby retained in its entirety with the following amendments:
101.1 Title. These regulations shall be known as the Mechanical Code of the City of Fort
Collins, hereinafter referred to as “this code.”
1 Changes to the 2018 International Mechanical Code are shown as follows: inserted language is highlighted in
yellow and deleted language is shown as stricken.
- 3 -
(2) Section 102.8 Referenced codes and standards is hereby retained in its entirety with the
following amendments:
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 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 Department of Mechanical Inspection is hereby deleted and replaced in its
entirety and the following is hereby added in lieu thereof:
SECTION 103
DEPARTMENT OF MECHANICAL INSPECTION
[A] 103.1 General.
The department of mechanical inspection is hereby created and the executive official in
charge thereof shall be known as the code official.
[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.
[A] 103.4 Liability.
The code official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be rendered civilly or criminally liable personally, and is hereby relieved from
personal liability for any damage accruing to persons or property as a result of an act or by
reason of an act or omission in the discharge of official duties.
[A] 103.4.1 Legal defense.
Any suit or criminal complaint instituted against any officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended by the legal representatives of the jurisdiction
until the final termination of the proceedings. The code official or any subordinate shall
not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the
provisions of this code.
SECTION 103 – CODE ADMINISTRATION
- 4 -
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) Sections 106.1.1 Annual permit and 106.1.2 Annual permit records are deleted in their
entirety:
[A] 106.1.1 Annual permit. Instead of an individual construction permit for each alteration
to an already approved system or equipment or application installation, the code official is
authorized to issue an annual permit upon application therefor to any person, firm or
corporation regularly employing one or more qualified tradespersons in the building,
structure or on the premises owned or operated by the applicant for the permit.
[A] 106.1.2 Annual permit records. The person to whom an annual permit is issued shall
keep a detailed record of alterations made under such annual permit. The code official shall
have access to such records at all times or such records shall be filed with the code official
as designated
(5) Sections 106.5 Fees, 106.5.1 Work commencing before permit issuance, 106.5.2 Fee
schedule, and 106.5.3 Fee refunds are hereby deleted and replaced in their entirety and
the following is hereby added in lieu thereof:
A] 106.5 Fees. A permit shall not be issued until the fees prescribed in Section 106.5.2
have been paid, nor shall an amendment to a permit be released until the additional fee, if
any, due to an increase of the mechanical system, has been paid.
[A] 106.5.1 Work commencing before permit issuance. Any person who commences
work on a mechanical system before obtaining the necessary permits shall be subject to
100 percent of the usual permit fee in addition to the required permit fees.
[A] 106.5.2 Fee schedule. The fees for mechanical work shall be as indicated in the
following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]
[A] 106.5.3 Fee refunds. The code official shall authorize the refunding of fees as follows.
1. The full amount of any fee paid hereunder which was erroneously paid or collected.
2. Not more than [SPECIFY PERCENTAGE] percent of the permit fee paid where work
has not been done under a permit issued in accordance with this code.
3. Not more than [SPECIFY PERCENTAGE] percent of the plan review fee paid when an
application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan review effort has been expended.
The code official shall not authorize the refunding of any fee paid, except upon written
application filed by the original permittee not later than 180 days after the date of fee
payment.
106.5 Payment of fees. All items relating to fees shall be as specified in Section 109 of
the adopted International Building Code, entitled “Fees.”
(6) Sections 107.3 Testing and verification, 107.3.1 New, altered, extended or repaired
systems, 107.3.2 Apparatus, material and labor for tests, and 107.3.3 Reinspection and
- 5 -
Testing are hereby deleted and replaced in their entirety and the following is hereby added
in lieu thereof:
107.3 Testing.
Mechanical systems shall be tested as required in this code and in accordance with Sections
107.3.1 through 107.3.3. Tests shall be made by the permit holder and observed by the
code official.
[A] 107.3.1 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] 107.3.2 Apparatus, material and labor for tests.
Apparatus, material and labor required for testing a mechanical system or part thereof shall
be furnished by the permit holder.
[A] 107.3.3 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.
107.3 Testing and verification. 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 3604.1 of the
2018 International Building Code as amended.
(7) Section 108.4 Violation Penalties is hereby retained in its entirety with the following
amendments:
108.4 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 a
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. misdemeanor and shall be subject to the penalties and fines
specified in Section 1-15 of the City Code. Each day that a violation continues shall be
deemed a separate offense.
(8) A new Section 108.4.1 Work Commencing before Permit Issuance is hereby added to
read as follows:
108.4.1 Work commencing before permit issuance. In addition to the penalties set forth
in Section 108.4, any person or firm who, before obtaining the necessary permit(s),
commences any construction of, or work on, a building, structure, electrical, gas,
- 6 -
mechanical or plumbing system that is not otherwise exempted from obtaining a permit,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more than
$1,000 for the first such violation. A person or firm committing the same such violation
repeatedly shall be subject to a fine equal to double the amount of the permit fee or double
the amount of the fee imposed for the preceding violation, whichever is greater, for every
such subsequent violation committed within 180 days of a previous violation. Said fines
may be appealed to the City Manager pursuant to Chapter 2, Article VI of the City Code.
(9) Section 109 Means of Appeal is hereby deleted and replaced in its entirety and the
following is hereby added in lieu thereof:
SECTION 109
MEANS OF APPEAL
[A] 109.1 Application for appeal.
A person shall have the right to appeal a decision of the code official to the board of
appeals. 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 application shall be filed on a form obtained from the code official within 20 days after
the notice was served.
[A] 109.1.1 Limitation of authority.
The board of appeals shall not have authority relative to interpretation of the administration
of this code nor shall such board be empowered to waive requirements of this code.
[A] 109.2 Membership of board.
The board of appeals shall consist of five members appointed by the chief appointing
authority as follows: one for 5 years; one for 4 years; one for 3 years; one for 2 years; and
one for 1 year. Thereafter, each new member shall serve for 5 years or until a successor
has been appointed.
[A] 109.2.1 Qualifications.
The board of appeals shall consist of five individuals, one from each of the following
professions or disciplines.
1. Registered design professional who is a registered architect; or a builder or
superintendent of building construction with not less than 10 years’ experience, 5 of which
shall have been in responsible charge of work.
2. Registered design professional with structural engineering or architectural
experience.
3. Registered design professional with mechanical and plumbing engineering
experience; or a mechanical contractor with not less than 10 years’ experience, 5 of which
shall have been in responsible charge of work.
4. Registered design professional with electrical engineering experience; or an
electrical contractor with not less than 10 years’ experience, 5 of which shall have been in
responsible charge of work.
5. Registered design professional with fire protection engineering experience; or a fire
protection contractor with not less than 10 years’ experience, 5 of which shall have been
in responsible charge of work.
- 7 -
[A] 109.2.2 Alternate members.
The chief appointing authority shall appoint two alternate members who shall be called by
the board chairman to hear appeals during the absence or disqualification of a member.
Alternate members shall possess the qualifications required for board membership and
shall be appointed for 5 years, or until a successor has been appointed.
[A] 109.2.3 Chairman.
The board shall annually select one of its members to serve as chairman.
[A] 109.2.4 Disqualification of member.
A member shall not hear an appeal in which that member has a personal, professional or
financial interest.
[A] 109.2.5 Secretary.
The chief administrative officer shall designate a qualified clerk to serve as secretary to the
board. The secretary shall file a detailed record of all proceedings in the office of the chief
administrative officer.
[A] 109.2.6 Compensation of members.
Compensation of members shall be determined by law.
[A] 109.3 Notice of meeting.
The board shall meet upon notice from the chairman, within 10 days of the filing of an
appeal, or at stated periodic meetings.
[A] 109.4 Open hearing.
Hearings before the board shall be open to the public. The appellant, the appellant’s
representative, the code official and any person whose interests are affected shall be given
an opportunity to be heard.
[A] 109.4.1 Procedure.
The board shall adopt and make available to the public through the secretary procedures
under which a hearing will be conducted. The procedures shall not require compliance with
strict rules of evidence, but shall mandate that only relevant information be received.
[A] 109.5 Postponed hearing.
When five members are not present to hear an appeal, either the appellant or the appellant’s
representative shall have the right to request a postponement of the hearing.
[A] 109.6 Board decision.
The board shall modify or reverse the decision of the code official by a concurring vote of
three members.
[A] 109.6.1 Resolution.
The decision of the board shall be by resolution. Certified copies shall be furnished to the
appellant and to the code official.
[A] 109.6.2 Administration.
The code official shall take immediate action in accordance with the decision of the board.
[A] 109.7 Court review.
Any person, whether or not a previous party of the appeal, shall have the right to apply to
the appropriate court for a writ of certiorari to correct errors of law. Application for review
shall be made in the manner and time required by law following the filing of the decision
in the office of the chief administrative officer.
109 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 “Board of Appeals.”
- 8 -
(10) Section 202 GENERAL DEFINITIONS, is hereby amended to add, in alphabetical order,
the following definitions:
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) A new Section 408 Whole-dwelling unit ventilation is hereby added to read as follows:
408.1 Whole-dwelling unit mechanical ventilation system. For new buildings, 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 408.1.1 through 408.5.
408.1.1 Whole-dwelling unit ventilation rate. The dwelling unit mechanical ventilation
system shall provide outdoor air at a continuous rate of not less than that determined in
accordance with IRC section M1505.
Exception:
The whole-dwelling unit mechanical ventilation system is permitted to operate
intermittently where the system has controls that enable operation for not less than 25-
percent of each 4-hour segment and the ventilation rate prescribed in IRC Table
M1505.4.3(1) is multiplied by the factor determined in accordance with IRC Table
M1505.4.3(2).
408.2 System design. The design of the required whole dwelling unit ventilation system
shall comply with the requirements of this Section. System design documents shall be
submitted, as required by the building official, at the time of application for a building
permit.
408.2.1 System type. The system shall consist of one or more supply or exhaust fans, or a
combination thereof, and associated ducts and controls. Exhaust fans shall be permitted to
be part of a mechanical exhaust system. Outdoor air ducts connected to the return duct of
a forced air furnace shall be considered to provide supply ventilation and shall be sized to
provide adequate mechanical ventilation in accordance with ASHRAE 62.2 and shall meet
the manufacturer’s requirements for minimum return air temperature to the furnace heat
exchange.
408.2.2 Outdoor air intakes. Outdoor air intakes shall have automatic dampers that close
when the ventilation system is not operating.
408.2.3. Exhausts. Exhausts shall have gravity dampers that close when the ventilation
system is not operating.
- 9 -
408.2.4 Air Circulation fan motors. Motors for air circulation fans used in the ventilation
system, rated at one-quarter horsepower or greater, shall meet at least one of the following
criteria:
1. Where the furnace serves as an air handler for the ventilation system, the furnace shall
be certified as an “Electrically Efficient Furnace” by the Air-conditioning, Heating and
Refrigeration Institute (AHRI).
2. The blower motor shall be specified as a “Brushless DC” (BL or BLDC) motor by the
manufacturer.
3. The blower motor shall be specified as “Brushless Permanent Magnet” (BPM) motor.
4. The blower motor shall be specified as “Electronically Commutated Motor (ECM).”
5. The blower shall meet equivalent criteria acceptable to the building official.
408.2.5 System controls. The mechanical ventilation system shall be provided with readily
accessible and labeled controls that enable occupant override.
408.2.6 Sound ratings for fans. Whole-dwelling unit ventilation fans shall be rated for
sound at a 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).
408.3 System installation. The installation of the whole-dwelling unit ventilation system
and equipment shall be carried out in accordance with the manufacturers’ design
requirements and installation instructions.
408.4 Performance verification. Performance of installed mechanical ventilation systems
shall be verified in accordance with Section 107.3.
408.5 Multifamily buildings. In multifamily buildings, all doors between dwelling units
and common hallways shall be gasketed or otherwise substantially airtight with weather
stripping, except when the ventilation system explicitly requires transfer of air from
corridors into units.
(12) Section 504.1 Installation is hereby retained in its entirety with the following amendments:
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.
(13) Section 506.3.11 Grease duct enclosures is hereby retained in its entirety with the
following amendments:
- 10 -
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 protected 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 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.
Exception: A duct enclosure shall not be required for a grease duct that penetrates only a
nonfire-resistance-rated roof/ceiling assembly.
(14) Section 512.1 General is hereby retained in its entirety with the following amendments:
512.1 General. Where a subslab soil exhaust system is provided, the duct for such system
shall conform to the requirements of this section International Residential Code Appendix
F, entitled “Radon Control Methods,” as adopted and amended by the City of Fort Collins.
(15) Section 602.3 Stud cavity and joist space plenums is hereby deleted and replaced in its
entirety and the following is hereby added in lieu thereof:
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. Studwall cavities in the outside walls of building envelope assemblies shall not be
utilized as air plenums.
Section 602.3 Building cavities (Mandatory). Building framing cavities shall not be used
as ducts or plenums.
(16) A new Section 602.3.1 Return air is hereby added to read as follows:
Section 602.3.1 Return air. Return air shall be taken from inside the dwelling. Dilution of
return air with outdoor air shall be permitted. A return air path shall be provided in all
habitable rooms by means of ducts or transfer grills.
(17) A new Section 603.18.3 Construction debris and contamination is hereby added to read
as follows:
- 11 -
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.
(18) Section 801.19 Multistory prohibited is hereby retained in its entirety with the following
amendments:
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.
(19) 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 also comply with Section 5-110 of the City Code.
(20) Section 903.3 Unvented gas logs heaters is deleted in its entirety:
903.3 Unvented gas log heaters. An unvented gas log heater shall not be installed in a
factory-built fireplace unless the fireplace system has been specifically tested, listed and
labeled for such use in accordance with UL 127.
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 18th day of
December, A.D. 2018, and to be presented for final passage on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 12 -
Passed and adopted on final reading on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
- 1 -
ORDINANCE NO. 156, 2018
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
2015 INTERNATIONAL FUEL GAS CODE AND ADOPTING THE
2018 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 seven interconnected basic construction codes under one
publication year; and
WHEREAS, the seven interconnected basic construction codes are the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, and International Property
Maintenance Code; and
WHEREAS, the City Council has determined that the 2018 publication year of the seven
interconnected basic construction codes ought to be adopted and that any counterpart codes
previously adopted should be repealed, both in order to align the publication years of the codes
and also because the 2018 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 seven interconnected basic construction codes has been
presented to and recommended by the Board of Realtors, Water Board, Energy Board,
Commission on Disability, Natural Resource Advisory Board, Poudre Fire Authority Board,
Building Review Board, Affordable Housing Board, Air Quality Advisory Board, Northern
Colorado Home Builder Association and the Chamber of Commerce; 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 2015 International Fuel Gas Code, as
previously adopted and amended by the City pursuant to Ordinance No. 072, 2017, be repealed
and that in its place, the 2018 International Fuel Gas Code be adopted, with local amendments as
set forth in this Ordinance; and
WHEREAS, pursuant to the City Charter 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 is 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 Article II, Section 7, the City Clerk published in the Fort
Collins Coloradoan such notice of hearing concerning adoption of the 2018 International Building
Code on November 18, 2018, and November 25, 2018; and
WHEREAS, attached as Exhibit “A” and incorporated herein by reference is the Notice of
Public Hearing dated November 18, 2018, 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 5-111 of the Code of the City of Fort Collins is hereby
amended to read 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 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, the
2018 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 2018
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 2018
International Fuel Gas Code Appendices are hereby adopted.
Section 3. That Section 5-112 of the Code of the City of Fort Collins is hereby repealed
and reenacted to read in its entirety as follows:
Sec. 5-112. Amendments and deletions to the 2018 International Fuel Gas Code.
1
The 2018 INTERNATIONAL FUEL GAS CODE adopted in § 5-111 is hereby amended in
the following respects:
(1) Section 101.1 Title is hereby retained in its entirety with the following amendments:
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.”
1 Changes to the 2018 International Fuel Gas Code are shown as follows: inserted language is highlighted in yellow
and deleted language is shown as stricken.
- 3 -
(2) Section 102.8 reference codes and standards is hereby retained in its entirety with the
following amendments:
Section 102.8 reference 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 Department of Inspection is hereby deleted and replaced in its entirety and
the following is hereby added in lieu thereof:
SECTION 103
DEPARTMENT OF INSPECTION
103.1 General.
The Department of Inspection is hereby created and the executive official in charge thereof
shall be known as the code official.
103.2 Appointment.
The code official shall be appointed by the chief appointing authority of the jurisdiction.
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.
103.4 Liability.
The code official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be rendered civilly or criminally liable personally, and is hereby relieved from
all personal liability for any damage accruing to persons or property as a result of an act or
by reason of an act or omission in the discharge of official duties.
103.4.1 Legal defense.
Any suit or criminal complaint instituted against any officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended by the legal representatives of the jurisdiction
until the final termination of the proceedings. The code official or any subordinate shall
not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the
provisions of this code.
SECTION 103 – CODE ADMINISTRATION
- 4 -
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,” as amended and set forth in
Section 5-27(3) of the City Code.
(4) Section 106.1.1 Annual permit is hereby deleted in its entirety:
106.1.1 Annual permit. Instead of an individual construction permit for each alteration to
an already approved system or equipment installation, the code official is authorized to
issue an annual permit upon application therefor to any person, firm or corporation
regularly employing one or more qualified tradespersons in the building, structure or on
the premises owned or operated by the applicant for the permit.
(5) Section 106.1.2 Annual permit records is hereby deleted in its entirety:
106.1.2 Annual permit records. The person to whom an annual permit is issued shall keep
a detailed record of alterations made under such annual permit. The code official shall
have access to such records at all times or such records shall be filed with the code
official as designated.
(6) Section 106.6 Fees is hereby deleted and replaced in its entirety and the following is hereby
added in lieu thereof:
106.6 Fees. A permit shall not be issued until the fees prescribed in Section 106.6.2 have
been paid, nor shall an amendment to a permit be released until the additional fee, if any,
due to an increase of the installation, has been paid.
106.6 Fees. All items relating to fees shall be as specified in Section 109 of the adopted
International Building Code, entitled “Fees.”
(7) Section 106.6.1 Work commencing before permit issuance is hereby deleted in its
entirety:
106.6.1 Work commencing before permit issuance. Any person who commences work
on an installation before obtaining the necessary permits shall be subject to 100 percent of
the usual permit fee in addition to the required permit fees.
(8) Section 106.6.2 Fee schedule is hereby deleted in its entirety:
106.6.2 Fee schedule. The fees for work shall be as indicated in the following schedule.
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]
(9) Section 106.6.3 Fee refunds is hereby deleted in its entirety:
106.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows.
- 5 -
1. The full amount of any fee paid hereunder that was erroneously paid or collected.
2. Not more than [SPECIFY PERCENTAGE] percent of the permit fee paid where work
has not been done under a permit issued in accordance with this code.
3. Not more than [SPECIFY PERCENTAGE] percent of the plan review fee paid where
an application for a permit for which a plan review fee has been paid is withdrawn or
canceled before any plan review effort has been expended.
The code official shall not authorize the refunding of any fee paid, except upon
written application filed by the original permittee not later than 180 days after the date of
fee payment.
(10) Section 108.4 Violation penalties is hereby retained in its entirety with the following
amendments:
108.4 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. misdemeanor
subject to the penalties and fines specified in Section 1-15 of the City Code. Each day that
a violation continues after due notice has been served shall be deemed a separate offense.
(11) A new Section 108.4.1 Work commencing before permit issuance is hereby added to read
as follows:
108.4.1 Work commencing before permit issuance. In addition to the penalties set forth
in Section 108.4, 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,
shall be subject to a fine in addition to the standard prescribed permit fee. Said fine shall
be equal in amount to the permit fee, except that it shall not be less than $50 nor more than
$1,000 for the first such violation. A person or firm committing the same such violation
repeatedly shall be subject to a fine equal to double the amount of the permit fee or double
the amount of the fee imposed for the preceding violation, whichever is greater, for every
such subsequent violation committed within 180 days of a previous violation. Said fines
may be appealed to the City Manager pursuant to Chapter 2, Article VI of the City Code.
(12) Section 109 Means Of Appeal is hereby deleted in its entirety and the following is hereby
added in lieu thereof:
109.1 Application for appeal.
A person shall have the right to appeal a decision of the code official to the board of
appeals. 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.
- 6 -
The application shall be filed on a form obtained from the code official within 20 days after
the notice was served.
109.2 Membership of board.
The board of appeals shall consist of five members appointed by the chief appointing
authority as follows: one for 5 years; one for 4 years; one for 3 years; one for 2 years and
one for 1 year. Thereafter, each new member shall serve for 5 years or until a successor
has been appointed.
109.2.1 Qualifications.
The board of appeals shall consist of five individuals, one from each of the following
professions or disciplines.
1. Registered design professional who is a registered architect; or a builder or
superintendent of building construction with not less than 10 years'
experience, 5 of which shall have been in responsible charge of work.
2. Registered design professional with structural engineering or architectural experience.
3. Registered design professional with fuel gas and plumbing engineering experience; or
a fuel gas contractor with not less than 10 years' experience, 5 of
which shall have been in responsible charge of work.
4. Registered design professional with electrical engineering experience; or an electrical
contractor with not less than 10 years' experience, 5 of which shall
have been in responsible charge of work.
5. Registered design professional with fire protection engineering experience; or a fire
protection contractor with not less than 10 years' experience, 5 of
which shall have been in responsible charge of work.
109.2.2 Alternate members.
The chief appointing authority shall appoint two alternate members who shall be called by
the board chairman to hear appeals during the absence of disqualification of a member.
Alternate members shall possess the qualifications required for board membership and
shall be appointed for 5 years, or until a successor has been appointed.
109.2.3 Chairman. The board shall annually select one of its members to serve as
chairman.
109.2.4 Disqualification of member.
A member shall not hear an appeal in which that member has a personal, professional or
financial interest.
109.2.5 Secretary.
The chief administrative officer shall designate a qualified clerk to serve as secretary to the
board. The secretary shall file a detailed record of all proceedings in the office of the chief
administrative officer.
109.2.6 Compensation of members.
Compensation of members shall be determined by law.
109.3 Notice of meeting.
The board shall meet upon notice from the chairman, within 10 days of the filing of an
appeal, or at stated periodic meetings.
109.4 Open hearing.
Hearings before the board shall be open to the public. The appellant, the appellant's
- 7 -
representative, the code official and any person whose interests are affected shall be given
an opportunity to be heard.
109.4.1 Procedure.
The board shall adopt and make available to the public through the secretary procedures
under which a hearing will be conducted. The procedures shall not require compliance with
strict rules of evidence, but shall mandate that only relevant information be received.
109.5 Postponed hearing.
When five members are not present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the hearing.
109.6 Board decision.
The board shall modify or reverse the decision of the code official by a concurring vote of
three members.
109.6.1 Resolution.
The decision of the board shall be by resolution. Certified copies shall be furnished to the
appellant and to the code official.
109.6.2 Administration.
The code official shall take immediate action in accordance with the decision of the board.
109.7 Court review.
Any person, whether or not a previous party to the appeal, shall have the right to apply to
the appropriate court for a writ of certiorari to correct errors of law. Application for review
shall be made in the manner and time required by law following the filing of the decision
in the office of the chief administrative officer.
109 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 “Board of Appeals.”
(13) Section 301.3 Listed and labeled is hereby retained in its entirety with the following
amendments:
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.
(14) Section 303.3 Prohibited locations is hereby retained in its entirety with the following
amendments:
. . .
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 bath room 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
- 8 -
greater than 10,000 Btu/h (2.93 kW). The bedroom shall meet the required volume criteria
of Section 304.5.
5. 3. 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.
(15) Section 304.11 Combustion air ducts is hereby retained in its entirety with the following
amendments:
. . .
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 dwelling 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.
. . .
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.
(16) Section 305.1 General is hereby retained in its entirety with the following amendments:
. . .
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.
(17) Section 404.12 Minimum burial depth is hereby retained in its entirety with the following
amendments:
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
404.10.1. Underground piping systems for plastic pipe shall be installed a minimum depth
- 9 -
of 18 inches below grade, all other pipe material shall be installed a minimum depth of 12
inches below grade.
(18) Section 404.12.1 Individual outdoor appliances, is hereby deleted in its entirey:
404.12.1 Individual outdoor appliances. Individual lines to outdoor lights, grills and
other appliances shall be installed not less than 8 inches (203 mm) below finished grade. ,
provided that such installation is approved and is installed in locations not susceptible to
physical damage.
(19) Section 406.4.1 Test pressure is hereby deleted in its entirety and replaced with the
following in lieu thereof:
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.
406.4.1 Test pressure. The test pressure to be used for non-welded pipe shall be 10psi
minimum and 60psi for welded pipe.
(20) Section 501.8 Appliances not required to be vented is hereby retained in its entirety with
the following amendments:
. . .
1. Electrical ranges.
8. Room heaters listed for unvented use.
10. Other appliances listed for unvented use and not provided with flue collars.
. . .
(21) Section 503.5.6.1 Chimney lining is hereby retained in its entirety with the deletion of the
listed “Exception” which is stricken in its entirety.
Exception: Where an existing chimney complies with Sections 503.5.6 through 503.5.6.3
and its sizing is in accordance with Section 503.5.5, its continued use shall be allowed
where the appliance vented by such chimney is replaced by an appliance of similar type,
input rating and efficiency.
(22) Section 503.6.6 Minimum height is hereby retained in its entirety with the following
amendments:
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
- 10 -
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.
(23) Section 621 Unvented room heaters is hereby deleted in its entirety:
SECTION 621 (IFGC)
UNVENTED ROOM HEATERS
621.1 General. Unvented room heaters shall be tested in accordance with ANSI Z21.11.2
and shall be installed in accordance with the conditions of the listing and the
manufacturer’s installation instructions. Unvented room heaters utilizing fuels other than
fuel gas shall be regulated by the International Mechanical Code.
621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole
source of comfort heating in a dwelling unit.
621.3 Input rating. Unvented room heaters shall not have an input rating in excess of
40,000 Btu/h (11.7 kW).
621.4 Prohibited locations. Unvented room heaters shall not be installed within
occupancies in Groups A, E and I. The location of unvented room heaters shall also comply
with Section 303.3.
621.5 Room or space volume. The aggregate input rating of all unvented appliances
installed in a room or space shall not exceed 20 Btu/h per cubic foot (207 W/m3) of volume
of such room or space. Where the room or space in which the appliances are 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.
621.6 Oxygen-depletion safety system. Unvented room heaters shall be equipped with an
oxygen-depletion-sensitive safety shutoff system. The system shall shut off the gas supply
to the main and pilot burners when the oxygen in the surrounding atmosphere is depleted
to the percent concentration specified by the manufacturer, but not lower than 18 percent.
The system shall not incorporate field adjustment means capable of changing the set point
at which the system acts to shut off the gas supply to the room heater.
621.7 Unvented decorative room heaters. An unvented decorative room heater shall not
be installed in a factory-built fireplace unless the fireplace system has been specifically
tested, listed and labeled for such use in accordance with UL 127.
621.7.1 Ventless firebox enclosures. Ventless firebox enclosures used with unvented
decorative room heaters shall be listed as complying with ANSI Z21.91.
(24) A new Section 623.3.1 Kitchens with gas cooking is hereby added to read as follows:
- 11 -
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.
(25) Section 630.3 Combustion and ventilation air is hereby amended to read as follows:
630.3 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 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 18th
day of December, A.D. 2018, and to be presented for final passage on the 2nd day of January, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
(27) Section R402.2.3 Eave baffle is hereby retained in its entirety with the following
amendments:
R402.2.3 Eave baffle and blocks (Mandatory). For air permeable insulations in vented
attics with ventilation from open or box soffits, a baffle shall be installed to provide
ventilation from the soffit to the attic adjacent to each soffit or eave vent. In the case of
continuous soffit vents, enough baffles shall be installed to maintain the required attic
ventilation from the soffit. Baffles shall maintain an opening equal or greater than the size
of the vent. The ventilation baffle shall extend over the top of the attic insulation between
rafters or trusses, maintaining a minimum 1 inch clear opening below the roof deck and
sufficient space for the minimum depth of attic insulation. The baffle shall be permitted to
be any solid material. All other spaces between rafters or trusses shall be blocked at the
outside edge of the exterior wall top plate, with air impermeable materials so as to contain
the attic insulation to a minimum R-19 over the exterior wall top plate..
e
BASEMENTc
WALL
R-VALUE
SLABd
R-
VALUE
&
DEPTH
CRAWLc
SPACE
WALL
R-
VALUE
Non-Electric
heat
0.30 0.55 NR 49 20 or
13 + 5hl
13/17 30 10/13j
15/19k
10,2 ft 10/13j
15/19k
Electric heat
0.30 0.55 NR 49 20+5 hl 15/19 30 15/19 10,3 ft 15/19
For SI: 1 foot = 304.8 mm.
NR = Not Required.
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