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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/02/2019 - REGULAR MEETINGCity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting January 2, 2019 Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:30 p.m. No proclamations scheduled. City of Fort Collins Page 2 Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. • Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). • All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). • The presiding officer will determine and announce the length of time allowed for each speaker. • Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. • A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] • PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 3 Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Items Relating to the Adoption and Amendment of the International Codes Relating to Buildings and Building Regulations. 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 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. City of Fort Collins Page 4 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. 2. Second Reading of Ordinance No. 173, 2018 Submitting a Citizen-Initiated Charter Amendment Relating to Council Compensation to a Vote of the Registered Electors of the City at the Regular Municipal Election on April 2, 2019. This Ordinance, unanimously adopted on First Reading on December 18, 2018, sets the ballot title for a citizen-initiated Charter amendment relating to Council compensation. 3. Second Reading of Ordinance No. 175, 2018, Amending Chapter 23 of the Code of the City of Fort Collins Related to Funding of Art in Public Places Contributions for Connexion and the Expenditure of Utilities Art in Public Places Funds and Rescinding Funds Provisionally Appropriated for Such Contributions. This Ordinance, unanimously adopted on First Reading on December 18, 2018, authorizes a delayed payment in early 2023 based on the 2022 operating revenue of Connexion, along with an ongoing Art in Public Places (APP) obligation going forward, consistent with the principles of the APP program (treating Connexion as separate from the Light and Power Fund). This Ordinance also adds back into the APP provisions of the City Code language that was inadvertently omitted in 2012, when the APP Code provisions were rewritten. At the Council’s request, the Ordinance is being amended on Second Reading to make clear that any future changes to the APP Code provisions will also apply to Connexion. 4. First Reading of Ordinance No. 001, 2019, Appropriating Unanticipated Revenue in the Capital Project Fund and Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations from the General Fund to the Capital Project Fund Gardens on Spring Creek Visitors Center Project and Transferring Appropriations from the Capital Project Fund Gardens on Spring Creek Visitors Center Project to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate revenues raised by the Gardens on Spring Creek and Friends of the Gardens and Gardens Reserves for completion of the Visitor’s Center. 5. Resolution 2019-001 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for the Maintenance of Traffic Signals, Signs and Roadway Markings in the Fort Collins Growth Management Area. The purpose of this item is to approve an intergovernmental agreement (IGA) between the City and the Colorado Department of Transportation (CDOT) for the City to maintain traffic control devices (signals, signs, and markings) on state highways within the City's Growth Management Area with reimbursement from CDOT. This is the continuation of a long-standing agreement that benefits both parties as City control allows the City to best serve residents and CDOT has fewer maintenance responsibilities. The IGA is for a five-year period and covers fiscal years 2019-2023. This IGA reflects updated costs from the previous long-term agreement. City of Fort Collins Page 5 6. Resolution 2019-002 Authorizing the Mayor to Execute a Renewal of an Intergovernmental Agreement with Larimer County to Continue Support for the Larimer County Conservation Corps Water and Energy Program. The purpose of this item is to seek City Council approval of a renewed intergovernmental agreement (IGA) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corp (LCCC) Water and Energy Program. The IGA allows for four further annual renewals for a total of five years, based on budget appropriations. The City of Fort Collins Utilities has partnered with the LCCC since 2010 with tremendous success. LCCC crews have supported local resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities and Loveland Water and Power. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2018 spring season, LCCC crews have assessed over 3,200 homes in Fort Collins and enabled these customers to save on their utility bills. Due to its success, the Program is now part of the City’s Utilities Affordability Portfolio, which provides a mechanism for low to moderate income customers to control their energy use and costs for the benefit of all City electric and water utility customers. 7. Resolution 2019-003 Approving a Waiver of the 2017 PILOT for Housing Catalyst. The purpose of this item is to approve a waiver of the 2017 PILOT of $9,638 for Housing Catalyst per the 1971 Cooperative Agreement. 8. Resolution 2019-004 Supporting the Grant Application for a School Yard Initiative Grant from the State Board of Great Outdoors Colorado on Behalf of Colorado Early Colleges-Fort Collins for the Innovation Urban Farms Project. The purpose of this item is to obtain Council approval to apply for a School Yard Initiative Grant from Great Outdoors Colorado (GOCO) on behalf of Colorado Early Colleges-Fort Collins (CEC) for the Innovation Urban Farms project. Per GOCO requirements, the application must be submitted by local governments in partnership with schools. 9. Resolution 2019-005 Appointing Councilmember Ross Cunniff to Serve as the City's Representative on the Poudre Heritage Alliance Board. The purpose of this item is to appoint Councilmember Ross Cunniff to the Poudre Heritage Alliance (PHA). 10. Resolution 2019-006 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. The purpose of this item is to appoint individuals to fill vacancies that currently exist on various City boards, commissions, and authorities due to resignations of board members and vacancies to be created upon the expiration of terms of current members. Applications were solicited during September, October, and November. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. City of Fort Collins Page 6 • STAFF REPORTS • COUNCILMEMBER REPORTS • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 11. Items Relating to the Adoption and Amendment of the International Building Code, International Residential Code and Amendment to the Colorado Plumbing Code. (staff: Russ Hovland; no staff presentation; 30 minute discussion) A. Second 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. (Impact resistance of asphalt shingles found in amendment 64, page 29.) B. Second 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. (Impact resistance of asphalt shingles found in amendment 54, page 34.) C. Second 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. Ordinance No. 149, 2018 was unanimously adopted on First Reading on December 18, 2018. Ordinance Nos. 151 and 174, 2018, were adopted on First Reading on December 18, 2018 by a vote of 5-2 (Nays: Martinez, Summers). The 2018 International Codes (2018 I-Codes) represent the most up-to-date body of codes regulating building construction 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%. City of Fort Collins Page 7 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 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. • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS • OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) • ADJOURNMENT A. Consideration of a motion to adjourn to 6:00 p.m., Tuesday, January 8, 2019 to conduct the annual evaluations of the City Manager, City Attorney and Chief Judge. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. Agenda 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 1 Packet Pg. 8 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) 1 Packet Pg. 9 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 1.1 Packet Pg. 10 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 11 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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. 1.1 Packet Pg. 12 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 13 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 14 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 15 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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. 1.1 Packet Pg. 16 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 17 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 18 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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 1.1 Packet Pg. 19 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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” 1.1 Packet Pg. 20 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 1.1 Packet Pg. 21 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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. 1.1 Packet Pg. 22 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) 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) 1.1 Packet Pg. 23 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 24 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.2 Packet Pg. 25 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 26 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 27 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 28 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 29 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 30 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 31 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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. … 1.2 Packet Pg. 32 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 33 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.2 Packet Pg. 34 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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; 1.2 Packet Pg. 35 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.2 Packet Pg. 36 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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: 1.2 Packet Pg. 37 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 40 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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: 1.2 Packet Pg. 41 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.2 Packet Pg. 42 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) - 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 1.2 Packet Pg. 43 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) 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 1.3 Packet Pg. 44 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.3 Packet Pg. 45 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.3 Packet Pg. 46 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.3 Packet Pg. 47 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) [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. 1.3 Packet Pg. 48 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.3 Packet Pg. 49 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) 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 1.3 Packet Pg. 50 Attachment: Ordinance No. 152, 2018 (Existing Building Code) (7510 : SR 150, 152-156 I-Codes) 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 1.4 Packet Pg. 51 Attachment: Ordinance No. 153, 2018 (Pool and Spa Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.4 Packet Pg. 52 Attachment: Ordinance No. 153, 2018 (Pool and Spa Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.4 Packet Pg. 53 Attachment: Ordinance No. 153, 2018 (Pool and Spa Code) (7510 : SR 150, 152-156 I-Codes) 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. 1.4 Packet Pg. 54 Attachment: Ordinance No. 153, 2018 (Pool and Spa Code) (7510 : SR 150, 152-156 I-Codes) 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 1.4 Packet Pg. 55 Attachment: Ordinance No. 153, 2018 (Pool and Spa Code) (7510 : SR 150, 152-156 I-Codes) Passed and adopted on final reading on the 2nd day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.4 Packet Pg. 56 Attachment: Ordinance No. 153, 2018 (Pool and Spa Code) (7510 : SR 150, 152-156 I-Codes) - 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 1.5 Packet Pg. 57 Attachment: Ordinance No. 154, 2018 (IPMC) (7510 : SR 150, 152-156 I-Codes) - 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 1.5 Packet Pg. 58 Attachment: Ordinance No. 154, 2018 (IPMC) (7510 : SR 150, 152-156 I-Codes) - 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 1.6 Packet Pg. 59 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.6 Packet Pg. 60 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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 1.6 Packet Pg. 61 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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 1.6 Packet Pg. 62 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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, 1.6 Packet Pg. 63 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.6 Packet Pg. 64 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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.” 1.6 Packet Pg. 65 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.6 Packet Pg. 66 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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: 1.6 Packet Pg. 67 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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: 1.6 Packet Pg. 68 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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 1.6 Packet Pg. 69 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 12 - Passed and adopted on final reading on the 2nd day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.6 Packet Pg. 70 Attachment: Ordinance No. 155, 2018 (IMC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 71 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.7 Packet Pg. 72 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 73 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.7 Packet Pg. 74 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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. 1.7 Packet Pg. 75 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 76 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 77 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 78 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 79 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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: 1.7 Packet Pg. 80 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) - 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 1.7 Packet Pg. 81 Attachment: Ordinance No. 156, 2018 (IFGC) (7510 : SR 150, 152-156 I-Codes) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Rita Knoll, Chief Deputy City Clerk Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 173, 2018 Submitting a Citizen-Initiated Charter Amendment Relating to Council Compensation to a Vote of the Registered Electors of the City at the Regular Municipal Election on April 2, 2019. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 18, 2018, sets the ballot title for a citizen-initiated Charter amendment relating to Council compensation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (PDF) 2. Ordinance No. 173, 2018 (PDF) 2 Packet Pg. 82 Agenda Item 21 Item # 21 Page 1 AGENDA ITEM SUMMARY December 18, 2018 City Council STAFF Rita Knoll, Chief Deputy City Clerk Carrie M. Daggett, Legal SUBJECT Items Relating to a Citizen-Initiated Charter Amendment Relating to Council Compensation. EXECUTIVE SUMMARY A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 173, 2018 Submitting a Citizen-Initiated Charter Amendment Relating to Council Compensation to a Vote of the Registered Electors of the City at the Regular Municipal Election on April 2, 2019. The purpose of this item is to set the ballot title for a citizen-initiated Charter amendment relating to Council compensation. Any protest of the proposed ballot language must be received no later than Monday, December 17, 2018, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of Ordinance No. 173, 2018. If protests are received, copies will be included in Council’s “Read-before” packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On December 7, 2018, the City Clerk’s Office received petition to amend the City Charter relating to Councilmember compensation. The petition was determined to contain a sufficient number of signatures to place the citizen-initiated measure on the regular municipal election ballot in April 2019. The proposed Charter language, which would replace the existing language in Article II, Section 3 of the Charter, is as follows: ARTICLE II CITY COUNCIL Section 3. Compensation [and reporting requirements]. Commencing on April 2, 2019 compensation shall be offered to all Councilmembers and the Mayor equal to the Fort Collins Area Median Household Income, in accordance with the U.S. Census ACS five-year estimates plus benefits afforded to full-time, exempt city employees. The Mayor or any Councilmember may decline or accept reduced compensation. Each Councilmember and the Mayor shall publicly report their council related activities. ATTACHMENT 1 2.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7509 : SR 173 Charter amendment-Council Agenda Item 21 Item # 21 Page 2 CITY FINANCIAL IMPACTS Adding an item to the existing election will not add any noticeable cost to the election. ATTACHMENTS 1. Statement of Petition Sufficiency (PDF) 2.1 Packet Pg. 84 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7509 : SR 173 Charter amendment-Council -1- ORDINANCE NO. 173, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A CITIZEN-INITIATED CHARTER AMENDMENT RELATING TO COUNCIL COMPENSATION TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE REGULAR MUNICIPAL ELECTION ON APRIL 2, 2019 WHEREAS, Article V, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S., provides that Charter amendments may be initiated by registered electors of the municipality; and WHEREAS, a petition proposing to amend the Charter has been submitted to the City; and WHEREAS, the amendment proposed by said petition would repeal and replace Article 2, Section 3 of the Charter relating to compensation of Council members; and WHEREAS, the City Clerk has certified said petition as sufficient for submission of the initiated Charter amendment to a vote of the people at the next regular municipal election; and WHEREAS, the City Clerk has heretofore certified the validity and sufficiency of said petition to the City Council as provided in Section 31-2-210(3), C.R.S.; and WHEREAS, under Section 31-2-210(3), C.R.S., upon presentation of a petition certified as sufficient by the City Clerk, the Council must set a ballot title for the proposed amendment at its next meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby submitted to the registered electors of the City as “Proposed Charter Amendment No. (number to be determined)” at the regular municipal election to be held on Tuesday, April 2, 2019: ARTICLE II CITY COUNCIL Section 3. Compensation [and reporting requirements]. Commencing on April 2, 2019 compensation shall be offered to all Councilmembers and the Mayor equal to the Fort Collins Area Median Household Income, in accordance with the U.S. Census ACS five-year estimates plus benefits afforded to full-time, exempt city employees. The Mayor or any Councilmember may decline or accept reduced compensation. Each Councilmember and the Mayor 2.2 Packet Pg. 85 Attachment: Ordinance No. 173, 2018 (7509 : SR 173 Charter amendment-Council compensation) -2- shall publicly report their council related activities. Section 2. That the foregoing proposed Charter amendment is hereby submitted to the registered electors of the City of Fort Collins in substantially the following form: CITIZEN-INITIATED PROPOSED CHARTER AMENDMENT NO. [tbd] Shall Section 3 of Article II of the City of Fort Collins Charter be repealed and replaced with a new Section 3 offering the Mayor and all Councilmembers compensation equal to the Fort Collins Area Median Household Income, in accordance with the U.S. Census American Community Survey (ACS) five-year estimates, plus benefits afforded to full-time, exempt city employees; allowing the Mayor or any Councilmember to decline or accept reduced compensation; and requiring them to publicly report their Council-related activities, commencing on April 2, 2019? ________ Yes/For ________ No/Against 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 2.2 Packet Pg. 86 Attachment: Ordinance No. 173, 2018 (7509 : SR 173 Charter amendment-Council compensation) -3- Passed and adopted on final reading on the 2nd day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 87 Attachment: Ordinance No. 173, 2018 (7509 : SR 173 Charter amendment-Council compensation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Ginny Sawyer, Policy and Project Manager Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 175, 2018, Amending Chapter 23 of the Code of the City of Fort Collins Related to Funding of Art in Public Places Contributions for Connexion and the Expenditure of Utilities Art in Public Places Funds and Rescinding Funds Provisionally Appropriated for Such Contributions. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 18, 2018, authorizes a delayed payment in early 2023 based on the 2022 operating revenue of Connexion, along with an ongoing Art in Public Places (APP) obligation going forward, consistent with the principles of the APP program (treating Connexion as separate from the Light and Power Fund). This Ordinance also adds back into the APP provisions of the City Code language that was inadvertently omitted in 2012, when the APP Code provisions were rewritten. At the Council’s request, the Ordinance is being amended on Second Reading to make clear that any future changes to the APP Code provisions will also apply to Connexion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (PDF) 3 Packet Pg. 88 Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY December 18, 2018 City Council STAFF Ginny Sawyer, Policy and Project Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 175, 2018, Amending Chapter 23 of the Code of the City of Fort Collins Related to Funding of Art in Public Places Contributions for Connexion and the Expenditure of Utilities Art in Public Places Funds and Rescinding Funds Provisionally Appropriated for Such Contributions. EXECUTIVE SUMMARY The purpose of this item is to consider Ordinance No. 175, 2018 as a follow-up to Ordinance No. 056, 2018, which stated: That the City Manager is directed to study whether the Art in Public Places (APP) Ordinance needs to be amended to address future Broadband System projects and to present any recommended amendments to Council before the end of 2018. This should include consideration of a contribution amount capped at .5% of the Broadband System’s anticipated annual operating revenues once the system is in full operation, which capped amount is estimated to be from $125,000 to $150,000. The City Manager should also evaluate and recommend to Council how to fund art-in-public places contributions for Broadband System appropriations. It is Council’s intent that some or all of the funds transferred by this Ordinance to the Cultural Services and Facilities Fund shall be transferred to the Light and Power Fund as appropriate and in accordance with the program amendments adopted by Council in follow up to this review process. This Ordinance would also add back into the APP provisions of the City Code language that was inadvertently omitted in 2012, when the APP Code provisions were rewritten. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins established an Art in Public Places (APP) program by ordinance in 1995. The program requires City capital projects greater than $250,000 to contribute 1% of capital cost to the APP program. In 2012, amendments were made to the City Code to limit the 1% of project cost contributions from Utility funds to 0.5% of annual operating revenue to provide a level of cost protection to rate payers. Other than these changes, the APP program has not seen significant change since its inception. This means that other than the amendments made in 2012 the APP code has not undergone any significant changes. ATTACHMENT 1 3.1 Packet Pg. 89 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7508 : SR 175 Connexion APP) Agenda Item 23 Item # 23 Page 2 Staff and Council have been assessing how the new broadband effort fits within the APP program. Based on Council’s action earlier this year, the options are listed in the three bullets that follow:  (A) If Connexion is treated as part of the Light & Power Utility for APP purposes, the APP amount would be approximately $600k.  (B) If Connexion is treated as a separate utility for APP purposes, and it has no operating revenue, the APP amount would be zero.  (C) A third option is an amount and timing of payment agreeable Council based on projected broadband revenue and aligned with the principles of the APP program. The following options were discussed with APP Board, the Energy Board, the Water Board, the Transportation Board, and the Economic Advisory Commission. 2018 2019 2020 2021 2022 Eligible Connexion Capital Appropriations 80,000,000 Connexion Operating Revenue * 387,630 5,403,877 17,039,946 33,374,837 APP if included with L&P (A) 609,526 APP if Connexion is 5th Utility (B) Hybrid (C) 166,874 * Estimated Revenue All Boards expressed a commitment to the value of public art and a desire to ensure the success of Connexion. No Contribution:  There was little support for exempting Connexion from APP entirely, although there was recognition that APP has never applied to a major start-up competitive operation. Full Contribution (as considered under Light and Power):  There was no support for a near-term full payment, however the APP and Cultural resources Boards do support a delayed full payment. Hybrid Option:  There was general support for and recognition that waiting until Connexion is operating and generating regular revenue helps serve both Connexion and APP. When the City Council made updates to the APP Code provisions in 2012, significant revisions were made to the Ordinance amending the Code between First and Second reading. Those revisions inadvertently omitted language clarifying that utilities APP funds can only be spent for purposes that provide a betterment to the utility or are for a specific utility purpose that benefits the utility ratepayers. The City Attorney’s Office is recommending that this language be added back into the APP Code provisions as part of this Ordinance. CITY FINANCIAL IMPACTS As proposed, the hybrid approach would call for a delayed payment in early 2023 based on the 2022 operating revenue of Connexion, along with an ongoing APP obligation going forward, consistent with the principles of the APP program (treating Connexion as separate from the Light and Power Fund). This option places less of a burden on Connexion while still providing some level of funding for APP. BOARD / COMMISSION RECOMMENDATION 3.1 Packet Pg. 90 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7508 : SR 175 Connexion APP) Agenda Item 23 Item # 23 Page 3 Prior to the August 28, 2018, Council Work Session, staff met with APP Board, the Energy Board, the Water Board, the Transportation Board, and the Economic Advisory Commission. Boards were not asked to make formal recommendations. All Boards expressed a commitment to the value of public art and a desire to ensure the success of Connexion and the majority supported the hybrid option. Following the Council work session on August 28, 2018, staff was asked to revisit the options with the APP Board and the Cultural Resources Board. Both Boards support a delayed payment of the Option A amount and then subsequent compliance with the APP requirements. ATTACHMENTS 1. August 28, 2018 Work Session Follow Up (PDF) 2. September 19, 2018 Art in Public Places Board Minutes (PDF) 3. Cultural Resource Board Minutes September 27, 2018 (Draft) (PDF) 4. Ordinance No. 056, 2018 (PDF) 5. PowerPoint Presentation (PDF) 3.1 Packet Pg. 91 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7508 : SR 175 Connexion APP) -1- ORDINANCE NO. 175, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS RELATED TO FUNDING OF ART IN PUBLIC PLACES CONTRIBUTIONS FOR CONNEXION AND THE EXPENDITURE OF UTILITIES’ ART IN PUBLIC PLACES FUNDS AND RESCINDING FUNDS PROVISIONALLY APPROPRIATED FOR SUCH CONTRIBUTIONS WHEREAS, on April 25, 1995, the City Council adopted Ordinance No. 020, 1995, establishing the Art in Public Places (“APP”) Program, adopting the Art in Public Places Guidelines, and setting goals and requirements for the acquisition, maintenance and exhibition of public art by the City; and WHEREAS, on April 7, 1998, the City Council adopted Ordinance No. 047, 1998, which reenacted the APP Provisions of the City Code with certain modifications; and WHEREAS, the APP Program requires capital City projects greater than $250,000 to contribute 1% of capital cost to the APP Program; and WHEREAS, on October 2, 2012, the City Council adopted Ordinance No. 078, 2012, which set the level of Utility contributions to the APP Program to .5% of annual operating revenue instead of 1%; and WHEREAS, on November 7, 2017, the voters approved Ordinance No. 101, 2017, amending the City Charter to permit the City Council to (1) authorize the City’s electric utility to provide telecommunication services and facilities, or (2) create a telecommunications utility; and WHEREAS, on January 16, 2018, the City Council adopted Ordinance No. 011, 2018 authorizing the City’s electric utility to provide telecommunication facilities and services in the City, and to issue securities and other debt obligations to fund the provision of such facilities and services; and WHEREAS, on June 14, 2018, the City’s Electric Utility Enterprise closed on the sale of $142.2 million in bonds to fund the build-out and the initial operating expenses of a new telecommunications system; and WHEREAS, at an event on June 28, 2018, the City announced the name “Connexion” for the telecommunications system; and WHEREAS, on May 1, 2018, the City Council adopted Ordinance No. 056, 2018, which provisionally appropriated $479,430 in bond proceeds for APP and $130,096 in bond proceeds for maintenance thereof; and WHEREAS, at the August 28, 2018, Council Work Session, the City Council reviewed the APP Program and asked staff to develop some options pertaining to whether Connexion Packet Pg. 92 -2- contributions to APP should be capped and when Connexion should begin to pay into the APP Program; and WHEREAS, City Council directed staff to conduct public outreach and to provide any recommendations related to APP Program changes before the end of 2018; and WHEREAS, City Staff has discussed options related to APP Program changes with the APP Board, the Energy Board, the Water Board, the Transportation Board, and the Economic Advisory Board; and WHEREAS, all boards expressed a commitment to the value of public art and a desire to ensure the success of Connexion; and WHEREAS, there was general support for and recognition that waiting until Connexion’s buildout has begun to mature before using Connexion funds for APP would be best for the APP Program and for Connexion; and WHEREAS, it is anticipated that 2022 will be the year in which Connexion buildout will see maturity and Connexion will have operating revenue; and WHEREAS, City staff is proposing changes to the APP Program that would defer payment to APP of 1% of the Connexion construction costs until 2023, when a one-time payment would be made up to a cap based on Connexion’s 2022 operating revenue, after which Connexion would contribute to APP as though it were a separate utility; and WHEREAS, in 2012, when significant changes were made to Ordinance No. 078, 2012, amending the APP program Code provisions, between First and Second Reading, Code language about the permitted uses of utility funds, based on requirements in Article XII, Section 6 of the City Charter, was inadvertently omitted; and WHEREAS, the City Attorney’s Office is recommending that the omitted language be put back into the Code; and WHEREAS, the City Council has determined that the proposed amendments are in the best interests of the City and are necessary for the public’s health, safety, and welfare. 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 23-303 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-303. Accounting methods. Packet Pg. 93 -3- . . . (c) Contributions to APP for each Utility will be kept and spent in such Utility's own fund, with the exception of maintenance, administration, repair and display costs. Each Utility fund will pay its share of maintenance, administration, repair and display costs annually to the APP program cost center in the Cultural Services and Facilities Fund. Monies credited to such Utility funds for APP shall be expended only for the acquisition or lease of works of art that provide a betterment to such utility or that are otherwise determined by the City Council to be for a specific utility purpose that is beneficial to the rate payers of such Utility. Section 3. That Section 23-304 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-304. Construction projects greater than $250,000. (a) All requests submitted to the City Council for appropriations for construction projects estimated to cost over two hundred fifty thousand dollars ($250,000.) shall include an amount equal to one (1) percent of the estimated cost of such project for works of art. This requirement shall also apply to appropriations partially funding a project that will have a total estimated cost of over two hundred fifty thousand dollars ($250,000.) even if such individual appropriations are equal to or less than said amount. When the City Council approves the appropriations for any such project, one (1) percent of the appropriated amount shall be deposited into the appropriate cost center. If any construction project is partially funded from any source which precludes a work of art as an object of expenditure of such funds, the appropriation for works of art shall be equal to one (1) percent of the portion of the estimated project cost that will be funded from project funding sources that are not so restricted. Money collected in the APP cost centers shall be expended by the City for projects as prescribed by the APP Guidelines. (b) The amount of annual contributions to the APP program for each Utility fund shall be limited to one-half (.5) percent of the budgeted operating revenue in such Utility fund for that year, except that the Light and Power Fund will be calculated based on budgeted operating revenues excluding revenues from telecommunication facilities and services, as such facilities and services are defined in § 26-1. (c) In 2023, the Light and Power Fund will make a one-time payment for APP of one (1) percent of the bond proceeds expended on the construction of telecommunication facilities from 2018 through 2022, but limited to one-half (.5) percent of the 2022 operating revenue attributed to telecommunication facilities and services. This amount shall be in addition to any contributions credited to APP from appropriations for new construction projects in 2023. (d) Except as set forth in Subsection (c), above, until January 1, 2023, the requirements of this Article shall not apply to activities and revenues attributed to telecommunication facilities and services. Beginning January 1, 2023, the requirements of this Article, as amended from time to time, will apply to telecommunications facilities and services as though they are a separate utility. Packet Pg. 94 -4- Section 4. That the amounts of ONE HUNDRED THIRTY THOUSAND NINETY- SIX DOLLARS ($130,096) and FOUR HUNDRED SEVENTY-NINE THOUSAND FOUR HUNDRED THIRTY DOLLARS ($479,430) for Art in Public Places provisionally appropriated and authorized for transfer in Sections 2 and 3 of Ordinance No. 056, 2018, are hereby frozen, unappropriated, rescinded or otherwise no longer authorized for expenditure. Any amounts due for Art in Public Places related to telecommunications facilities and services revenues or appropriations shall be budgeted, appropriated and made when and only as required by the Code provisions adopted as part of this Ordinance. 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 Packet Pg. 95 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Michelle Provaznik, Director, Gardens on Spring Creek Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 001, 2019, Appropriating Unanticipated Revenue in the Capital Project Fund and Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriations from the General Fund to the Capital Project Fund Gardens on Spring Creek Visitors Center Project and Transferring Appropriations from the Capital Project Fund Gardens on Spring Creek Visitors Center Project to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate revenues raised by the Gardens on Spring Creek and Friends of the Gardens and Gardens Reserves for completion of the Visitor’s Center. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2015, Fort Collins voters approved the Community Capital Improvement Program, which included $2 million to expand the Visitor’s Center at the Gardens on Spring Creek, pending successful fundraising for the remainder of funds needed for the project. In the 2017-2018 budget cycle, Council approved $2,185,000 for the Visitor’s Center expansion. The Visitor’s Center expansion is the second phase of completing the Gardens Master Plan and includes construction of a conservatory that will operate as a North American Butterfly House in partnership with the Butterfly Pavilion in Westminster. A new lobby/entrance, meeting room, café concessions, and expanded gift shop will be added. (Attachment 1) Since 2017, the Friends of the Gardens on Spring Creek Board of Directors has been actively fundraising to meet the needs of the Visitor’s Center completion project and has secured $572,394 in donations and pledges. This Ordinance will appropriate the $315,000 cash in hand which has been donated to the project. The remainder of the funding is in pledges that will be received between 2019-2023. The Gardens has strategically built reserves to contribute to capital projects in case of funding shortfalls or to cover pledged gifts. The Gardens requests $240,000 of reserves be appropriated to complete the Visitor’s Center. The reserve amount will be fully replenished as the pledged gifts are received. Construction of the Visitor’s Center will begin in January/February 2019. This immediately follows the completion of construction of the Gardens expansion of five acres of new gardens including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. The total cost of the garden expansion project was $2.9 million, $2.1 million was raised by the Friends of the Gardens and $800,000 was provided by the City of Fort Collins. 4 Packet Pg. 96 Agenda Item 4 Item # 4 Page 2 The Gardens on Spring Creek will host a grand opening celebration for both projects in fall 2019. CITY FINANCIAL IMPACTS Prior Appropriated Funds Prior Appropriated Community Capital Improvement Funds $2,185,000 2018 Clean-up $27,394 Operations Services-Existing Building Renovation $304,540 Total Prior Appropriation $2,516,934 Funds to be Appropriated with this Action Funds donated for the Visitor’s Center Project $315,000 Gardens Reserves $240,000 Total Funds to be Appropriated per this Action $555,000 Total Current Project Budget $3,069,540 Prior Transfer to Art in Public Places $21,850 BOARD / COMMISSION RECOMMENDATION The Completion of the Gardens on Spring Creek Master Plan has been supported by the Parks and Recreation Board and Cultural Resources Board. PUBLIC OUTREACH The Gardens on Spring Creek Master Plan and Visitor’s Center design was originally approved in 2000. As the Visitor’s Center Design is nearly identical to the originally approved plan, a minor amendment process has been undertaken. No further public outreach was required. ATTACHMENTS 1. Diagrams (PDF) 4 Packet Pg. 97 ATTACHMENT 1 4.1 Packet Pg. 98 Attachment: Diagrams (7501 : Visitor's Center Appropriation) )257&2//,16&2/25$'2 3$/0(5'5,9(  4.1 Packet Pg. 100 Attachment: Diagrams (7501 : Visitor's Center Appropriation) )5= &216(59$725<  )55)$0,/<55  0(1 655   ; 6) 9(67,%8/(  :20(1 6 55  9(67,%8/(  &21)(5(1&(  &$)(  %(1&+,1*  (; &665220&/$665220  )8785(%8,/',1*3+$6(,,                   %%5($. 0((71*  48,(7 5220  :25. 67$7,216  &+5<6$/,6  (; (;(&87,9( ',725',5(&725  (;0(&+  ,7,7 ': )5= 6<67(0127(6:6 :$//6 '(21'(6,*1$7,21 '('(216&5,37,21 : (;,67,1*:$// 725(0$,1 : 0(7$/678'6 : $/80,1806725()52176<67(0:,168/$7('*/$=,1* :$ ;:22'678'6 :% ;:22'678'6:,7+e 635$<)2$0 5 6<67(0127(6522)6 522)6 '(21'(6,*1$7,21 '(21'(6&5,37,21 5 )8//<$'+(5('0(0%5$1(522)29(55,*,' ,168/$7,21 5 -1- ORDINANCE NO. 001, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECT FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL PROJECT FUND GARDENS ON SPRING CREEK VISITORS CENTER PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND GARDENS ON SPRING CREEK VISITORS CENTER PROJECT TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2015, the voters approved the Community Capital Improvement Program, which included $2,000,000 to expand the Visitor’s Center at the City’s Gardens on Spring Creek (the “Project”); and WHEREAS, in the 2017-2018 budget cycle the City Council approved $2,185,000 for the Project; and WHEREAS, if approved, this Ordinance will appropriate $315,000 in donations raised by the Friends of the Gardens on Spring Creek for the Project, as well as $240,000 in reserves the Gardens has built to contribute to capital projects; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of improving the visitor experience at an important City cultural facility; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation from the Capital Projects Fund described herein and determined that this appropriation is available and previously unappropriated from the Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund for that project during this fiscal year; and WHEREAS, Article V, Section 9 of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation from the General Fund described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the Packet Pg. 104 -2- General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during this fiscal year; and WHEREAS, Article V, Section 10(b) of the City Charter authorizes the City Council, upon recommendation of the City Manager, to transfer during the fiscal year by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project account, provided that the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, the City Manager has recommended the transfer from the Capital Projects Fund – Gardens on Spring Creek Visitor Center Project, as described herein, because it is from a capital project fund in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, because the Project involves construction estimated to cost more than $250,000, City Code Section 23-304 requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, a portion of the project funds is ineligible for public art purposes, as City Code Section 23-304 otherwise requires, due to grant restriction on the use of the funds. 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 there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund - Gardens on Spring Creek Visitors Center Project the sum of THREE HUNDRED FIFTEEN THOUSAND DOLLARS ($315,000) for the Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from reserves in the General Fund for transfer to the Capital Projects Fund the sum of TWO HUNDRED FORTY THOUSAND DOLLARS ($240,000) for the Project and appropriated therein. Section 4. That the unexpended appropriated amount of FOUR THOUSAND THREE HUNDRED TWENTY-NINE DOLLARS ($4,329) in the Capital Projects Fund - Gardens on Spring Creek Visitors Center Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 5. That the unexpended appropriated amount of ONE THOUSAND TWO HUNDRED AND TWENTY-ONE DOLLARS ($1,221) in the Capital Projects Fund - Gardens on Spring Creek Visitors Center Project is authorized for transfer to the Cultural Services and Packet Pg. 105 -3- Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 2nd day of January, A.D. 2019, and to be presented for final passage on the 15th day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 106 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Martina Wilkinson, Assistant City Traffic Engineer Joe Olson, City Traffic Engineer Chris Van Hall, Legal SUBJECT Resolution 2019-001 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for the Maintenance of Traffic Signals, Signs and Roadway Markings in the Fort Collins Growth Management Area. EXECUTIVE SUMMARY The purpose of this item is to approve an intergovernmental agreement (IGA) between the City and the Colorado Department of Transportation (CDOT) for the City to maintain traffic control devices (signals, signs, and markings) on state highways within the City's Growth Management Area with reimbursement from CDOT. This is the continuation of a long-standing agreement that benefits both parties as City control allows the City to best serve residents and CDOT has fewer maintenance responsibilities. The IGA is for a five-year period and covers fiscal years 2019-2023. This IGA reflects updated costs from the previous long-term agreement. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION CDOT has jurisdiction over state highways within the City of Fort Collins. This includes US 287 (College Avenue), SH 14 (Mulberry and Jefferson), and SH 392 (Carpenter Road) (collectively, “State Highways”). The City has had a long-standing agreement with CDOT to maintain CDOT traffic control devices of the state highways within the City's Growth Management Area. This is beneficial for both the City and CDOT. Since City residents are the primary users of the state highway system in Fort Collins and the Growth Management Area, having local control of the signals and other devices allows staff to best serve local needs, such as providing prompt service due to proximity and managing the signals in a more detailed way than CDOT would. At the same time, CDOT is supportive of having fewer maintenance responsibilities. CDOT provides reimbursement to the City for the work. City staff reviewed the costs of maintenance of traffic control devices since the previous long-term contract (in 2012) and requested an increase in payment for signing/markings based on that review. The additional payment (an 8.4% increase) is reflected in this IGA. CITY FINANCIAL IMPACTS This IGA requires CDOT to reimburse the City of Fort Collins Traffic Operations Department for maintenance of traffic signals, signage, and pavement markings on the state highways at the rate of: 5 Packet Pg. 107 Agenda Item 5 Item # 5 Page 2 11.6 miles of signs and markings at $350 per mile per month = $ 48,720/year 48 signals at $325 per signal per month = $ 187,200 /year. Total Maximum Annual Reimbursement: $ 235,920 The contract is a five-year contract with a maximum 5-year IGA amount of $1,179,600. 5 Packet Pg. 108 -1- RESOLUTION 2019-001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF TRAFFIC SIGNALS, SIGNS AND ROADWAY MARKINGS WITHIN THE FORT COLLINS GROWTH MANAGEMENT AREA WHEREAS, Section 43-2-135(1)(i) of the Colorado Revised Statutes requires the State of Colorado (“State”) to install, operate, maintain and control, at State expense, all traffic control devices on the State’s highway system within cities and incorporated towns; and WHEREAS, the State, through the Colorado Department of Transportation (“CDOT”), has historically contracted with the City to maintain traffic control devices within the City and the Fort Collins Growth Management Area (“GMA”); and WHEREAS, historically such intergovernmental agreements between the City and CDOT for the City to perform maintenance work on traffic control devices with CDOT rights-of-way have been for terms of five years and the previous agreement expired on June 30, 2017; and WHEREAS, the City and CDOT approved a short-term agreement that covered the time period from July 1, 2017 through June 30, 2018 while CDOT processed an updated long-term agreement; and WEREAS, CDOT is proposing an updated long-term Intergovernmental Agreement which is attached as Exhibit “A” and incorporated by reference (the “IGA”), which provides for continued traffic control device maintenance by the City, with updated reimbursement rates and amounts; and WHEREAS, the IGA is for a term of five years beginning retroactively from July 1, 2018 through June 30, 2023 and sets a cumulative five-year maximum reimbursement at $ 1,179,600 and WHEREAS, the City Council has determined that it is in the best interests of the City that the City continue to maintain traffic control devices on CDOT rights-of-way within the Fort Collins GMA, and that the Mayor be authorized to execute the IGA between the City and CDOT in support thereof. 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 the City Council hereby ratifies and accepts the terms of the IGA retroactively from July 1, 2018 to the time the IGA is signed and effective. Packet Pg. 109 -2- Section 3. That the Mayor is hereby authorized to enter into the IGA, in substantially the form attached hereto as Exhibit “A,” together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 110 PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 1 of 9 (State $Traffic Mtce) Rev 10/03 CITY OF FORT COLLINS Region: 4 (rbs) CONTRACT THIS AGREEMENT is entered into by and between the CITY OF FORT COLLINS (hereinafter called the “Local Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”). RECITALS: 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Function: 2300, GL Account: 4541000010, and Cost Center: R4530-010. (Contract Encumbrance Amount: $235,920.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Section 43-2-102 and 103, C.R.S., require the State to maintain State highways (including where such highways extend through a city or an incorporated town), and Section 43-2-135(1)(i), C.R.S., as amended, requires the State to install, operate, maintain and control, at State expense, all traffic control devices on the State highway system within cities and incorporated towns. 4. The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highway maintenance services on State highways that are the responsibility of the State under applicable law, and for the State to pay the Local Agency a reasonable negotiated fixed rate for such services. 5. The parties also intend that the Local Agency shall remain responsible to perform any services and duties on State highways that are the responsibility of the Local Agency under applicable law, at its own cost. 6. The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144, C.R.S., as amended, and if applicable, in an ordinance or resolution duly passed and adopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance of traffic control devices on the State highway system as hereinafter set forth. 7. The Local Agency has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Local Agency shall perform all maintenance services for the specified locations located within the Local Agency's jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 22 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit C (Option Letter) 5. Exhibit D (Encumbrance Letter). Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2018, whichever is later. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the State funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and EXHIBIT A 1 Packet Pg. 111 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 2 of 9 to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this contract, for the satisfactory performance of the maintenance services on the Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in monthly installments, upon receipt of the Local Agency's Statements, as provided herein. C. The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices under this agreement at the rates described in Exhibit A. D. The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amount of $235,920.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five- year total of $1,179,600.00. The negotiated rate per location shall remain fixed for the full five-year term of the contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45 days. E. The Statements submitted by the Local Agency for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that performance, and on which specific sections of the highways such services were performed, in accord with standard Local Agency billing standards. F. If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by the Local Agency does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Section 5: State & Local Agency Commitments: A. The Local Agency shall perform the maintenance services for the certain State highway system locations described herein. Such services and locations are detailed in Exhibit A. B. The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A, in a manner that is consistent with current public safety standards on State highways within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which are incorporated herein by reference as terms and conditions of this agreement. The Local Agency shall provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and maintenance. C. The Parties shall have the option to add or delete, at any time during the term of this agreement and subject to §17 of this agreement, one or more specific traffic control devices to the list shown in Exhibit A and therefore amend the maintenance services to be performed by the Local Agency under this agreement. The State may amend Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit C. D. The Local Agency may propose, in writing, other potential specific traffic control devices to be operated and maintained by the Local Agency during the term of this agreement, based on the same rates that had been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operation and maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and if the State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to the Local Agency in a form substantially equivalent to Exhibit C, add such devices to this contract. E. The Local Agency shall perform all maintenance services on an annual basis. The Local Agency's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or his representative, shall determine the then current applicable maintenance standards for the maintenance services. Any standards/directions provided by the State's representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency shall contact the State Region office and obtain those standards before the Local Agency performs such services. Performance Measures shall be accounted for within the duration of this contract. Performance Measures will be associated with signal/electrical maintenance, pavement marking maintenance and sign maintenance. Performance Measures shall be addressed once a year. The Local Agency shall develop an inspection schedule that ensures all items listed in Exhibit A are inspected yearly. The inspection schedule shall be approved by CDOT the Project Manager listed in this contract prior to initiating inspections. The Local Agency shall submit performance documentation to the CDOT Project Manager no later than April 10th of each calendar year covered PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 3 of 9 by this contract. Performance records shall be kept by the Local Agency for the term and a copy sent to the CDOT Project Manager. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials that pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and, if applicable, FHWA to inspect the project and to inspect, review and audit the project records. Section 7. Termination Provisions This contract may be terminated as follows: A. This contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Local Agency only for that portion of the highway maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Local Agency shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Notwithstanding subparagraph A above, this contract may also be terminated as follows: B. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. C. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. D. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 8. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. 1 Packet Pg. 113 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 4 of 9 Section 9. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 10601 West 10th Street. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State If to the Local Agency CDOT Region: 4 City of Fort Collins Larry Haas Joseph P. Olson, P.E. Project Manager Traffic Engineer 10601 West 10th Street PO Box 580 Greeley, CO 80634 Fort Collins, CO 80522-0580 970-350-2143 970-221-6770 Section 10. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 13. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 15. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed by the parties and approved pursuant to the State Fiscal Rules. 1 Packet Pg. 114 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 5 of 9 Section 16. Survival of contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 17. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A. Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change will go into effect on the first day of the first month following the amendment execution date. B. Option Letter a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices (rates) originally established in the contract. The State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit C. b. As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices (rates) originally established in the contract and the schedule of services required, as set by the terms of this contract. The State may exercise the option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go into effect on the first day of the first month following the option letter execution date. C. State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. Section 18. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 19. Does not supersede other agreements This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the 1 Packet Pg. 115 PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 6 of 9 jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to perform. Section 20. SubLocal Agencys The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subLocal Agency. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subLocal Agency. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State, which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 21. Statewide Contract Management System If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this § 21. Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a Statewide contract management system. Local Agency’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State fiscal rules, policies and guidance. Evaluation and review of the Local Agency’s performance shall be part of the normal contract administration process and Local Agency’s performance will be systematically recorded in the statewide contract management system. Areas of evaluation and review shall include, but shall not be limited to, quality, cost and timeliness. Collection of information relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s obligations. Such performance information shall be entered into the Statewide contract management system at intervals established herein and a final evaluation, review and rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance evaluation and review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation and review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final evaluation, review and rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause. Section 22. Special Provisions These Special Provisions apply to all contracts except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT LOCAL AGENCY. The Local Agency shall perform its duties hereunder as an independent the Local Agency and not as an employee. Neither the Local Agency nor any agent or employee of the Local Agency shall be deemed to be an agent or employee of the State. the Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for the Local Agency or any of its agents or employees. Unemployment insurance benefits will be available to the Local Agency and its employees and agents only if 1 Packet Pg. 116 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 7 of 9 such coverage is made available by the Local Agency or a third party. the Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. the Local Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. the Local Agency shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. the Local Agency hereby certifies and warrants that, during the term of this contract and any extensions, the Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. The Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Local Agency’s services and the Local Agency shall not employ any person having such known interests. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] The Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), the Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subthe Local Agency that fails to certify to the Local Agency that the subthe Local Agency shall not knowingly employ or contract with an illegal alien to perform work under this contract. the Local Agency (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subthe Local Agency and the contracting State agency within three days if the Local Agency has actual knowledge that a subthe Local Agency 1 Packet Pg. 117 PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 8 of 9 is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subthe Local Agency does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If the Local Agency participates in the Department program, the Local Agency shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that the Local Agency has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If the Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, the Local Agency shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. the Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Revised 1-1-09 1 Packet Pg. 118 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) PO/OLA #: 471001314 Routing #: 19-HA4-ZH-00034 Document Builder Generated Rev. 12/09/2016 Page 9 of 9 Section 23. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY CITY OF FORT COLLINS Name:_______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date:_________________________________________ STATE OF COLORADO John W. Hickenlooper Department of Transportation By___________________________________________ Joshua Laipply, P.E., Chief Engineer (For) Michael P. Lewis, Executive Director Date:_________________________________________ 2nd Local Agency Signature if needed Name:_______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date:_________________________________________ STATE OF COLORADO LEGAL REVIEW Cynthia H. Coffman, Attorney General By___________________________________________ Signature – Assistant Attorney General Date:_________________________________________ ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State agreements. This agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date:______________________________________ 1 Packet Pg. 119 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) Exhibit A – Scope of Work State Highway Traffic Signal Listing • The City shall maintain the traffic signals and associated stop bars and crosswalks at the locations listed below. • Any reconstruction, modification, or improvement initiated by the City or performed as a result of a City project shall be included in the maintenance provided by the City. • Any reconstruction, modification, or improvement initiated by the State or performed as a result of a State project shall be paid for separately by the State. • The City shall perform inspections of all approaches at each location and submit documentation to CDOT by April 10 th for each year of this contract. Inspection shall include, but not be limited to: o Each signal lens is operating and visible o Signal Timing is operating as programmed o Controller and Cabinet are clean and in good repair o Communication to signal is connected and operating o Back up power is tested for proper operation o Vehicle detection is operating properly o All luminaries attached to the signal are operating • Any defects found at these intersections shall be remedied immediately. Defects and remediation shall be documented and kept on file at the City and copied to CDOT. Any defects not remedied within one month of discovery shall incur a price reduction to the monthly compensation of $325.00 per defective signal until all defects of the signal are remedied. • Yearly signal inspections shall include: the cursory visual inspection of signal caissons, bolts, bolt tightening, steel, welds, and attachment hardware and signal conflict monitor testing. Any deficiencies found in bolt tightening and attachment hardware shall be corrected immediately. Any deficiencies in the structure shall be documented and brought to the attention of the project manager. 1. US 287 (College) at Boardwalk 2. US 287 (College) at Bockman 3. US 287 (College) at Cherry 4. US 287 (College) at Columbia 5. US 287 (College) at Conifer/Hickory 6. US 287 (College) at County Road 32 7. US 287 (College) at Drake 8. US 287 (College) at Elizabeth 9. US 287 (College) at Fairway 10. US 287 (College) at Foothills Parkway Page 1 of 5 Exhibit - A 1 Packet Pg. 120 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) 11. US 287 (College) at Fossil Creek 12. US 287 (College) at Harmony 13. US 287 (College) at Harvard 14. US 287 (College) at Horsetooth 15. US 287 (College) at Kensington 16. US 287 (College) at Laporte 17. US 287 (College) at Laurel 18. US 287 (College) at Magnolia 19. US 287 (College) at Maple/Jefferson 20. US 287 (College) at Monroe 21. US 287 (College) at Mountain 22. US 287 (College) at Mulberry 23. US 287 (College) at Oak 24. US 287 (College) at Olive 25. US 287 (College) at Pitkin 26. US 287 (College) at Prospect 27. US 287 (College) at Rutgers 28. US 287 (College) at Skyway 29. US 287 (College) at Spring Park 30. US 287 (College) at State Highway 1 31. US 287 (College) at Stuart 32. US 287 (College) at Swallow 33. US 287 (College) at Trilby 34. US 287 (College) at Troutman 35. US 287 (College) at Vine 36. US 287 (College) at Willox 37. State Highway 14 (Mulberry) at Greenfields Court 38. State Highway 14 (Jefferson) at Linden 39. State Highway 14 (Mulberry) at Lemay 40. State Highway 14 (Mulberry) at Link Lane 41. State Highway 14 (Riverside) at Lincoln/Mountain 42. State Highway 14 (Mulberry) at Riverside 43. US 287 at Shields 44. State Highway 14 (Mulberry) at Summit View 45. State Highway 14 (Mulberry) at Timberline 46. SH 1 at Country Club Road 47. SH 392 (Carpenter) & Lemay 48. SH 392 (Carpenter) & Timberline The monthly compensation provided to the City of Fort Collins for services described above shall be $325.00 per signal per month. Rate: $325.00 per month/per signal x 48 = $15,600.00 x 12 months = $187,200.00 per year. Page 2 of 5 Exhibit - A 1 Packet Pg. 121 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) State Highway Signs and Markings • The City shall maintain signs and markings at the locations listed below. • The City shall maintain all roadway markings. • The City shall maintain all regulatory and warning signs that can be mounted on perforated steel posts, all “Safe Hit” type delineator posts, and all guide signs installed and owned by the City. • The State shall maintain all regulatory and warning signs too large to be mounted on perforated steel posts, all guide signs not installed and owned by the City, and all other signs not maintained by the city. • Intersection right-of-way control signs at City roadways intersecting State highways shall be maintained by the agency maintaining the intersected State highway. • Intersection right-of-way control signs at State highway exit ramps intersecting City roadways shall be maintained by the City. • Either agency making changes to signs or markings at the locations listed below shall provide notification of the changes to the other agency. Notification of changes to regulatory signing shall be made in writing. • The City shall perform a minimum of 100 randomly picked pavement marking inspections and 100 randomly picked sign inspections and submit documentation to CDOT by April 10th. Pavement marking inspection shall include, but not limited to: o Retroreflectometer readings o Physical appearance o Percent of marking in place • Pavement markings shall adhere to the following table for White and yellow markings. Any retroreflectometer readings below a Rating of 3 shall be replaced prior to October 30th. Rating Retro-reflectivity 4 >200 3 150-199 2 100 -149 1 50-99 0 49 or less • Sign Inspections shall include, but not limited to: o Retroreflective readings o Physical condition of the sign o Condition of post (damaged, plumb) o Fastening hardware checked for tightness Page 3 of 5 Exhibit - A 1 Packet Pg. 122 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) • Reflectometer readings shall be in compliance with the Federal Register. Page 4 of 5 Exhibit - A 1 Packet Pg. 123 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) • Any signs not meeting the requirements listed above shall be listed as defective and shall be replaced within one month of discovery with associated documentation to CDOT. Any defective signs not remedied shall incur a price reduction to the next month’s compensation. o Class I Signs - $100.00 per sign deduction o Class II Signs - $200.00 per sign deduction o Class III Signs - $500.00 per sign deduction State Highway Street Name From To Length (Miles) US 287 College Grape St. Carpenter Road 9.2 SH 14 Jefferson/ Riverside US287 (College) Mulberry Street 2.4 Total Miles 11.6 The monthly compensation provided to the City of Fort Collins for services described above shall be $350.00 per mile per month for signs and markings. Rate: $350.00 per month/per mile x 11.6 = $4,060.00 x 12 months = $48,720.00 per year. Total Rate for both Traffic Control Devices and Signs & Markings 11.6 Miles of signs and markings at $350.00 per mile = $4,060.00 x 12 $ 48,720.00 $ 187,200.00 $ 235,920.00 $ 19,660.00 48 Signals at $325/month/year Total Maximum Annual Cost Maximum monthly billing ($235,920.00/12) Maximum 5 Year IGA Amount ($235,920.00 x 5) $1,179,600.00 Page 5 of 5 Exhibit - A 1 Packet Pg. 124 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Brian Tholl, Energy Services Supervisor Cyril Vidergar, Legal SUBJECT Resolution 2019-002 Authorizing the Mayor to Execute a Renewal of an Intergovernmental Agreement with Larimer County to Continue Support for the Larimer County Conservation Corps Water and Energy Program. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of a renewed intergovernmental agreement (IGA) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corp (LCCC) Water and Energy Program. The IGA allows for four further annual renewals for a total of five years, based on budget appropriations. The City of Fort Collins Utilities has partnered with the LCCC since 2010 with tremendous success. LCCC crews have supported local resource conservation by providing home efficiency assessments to customers of Fort Collins Utilities and Loveland Water and Power. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2018 spring season, LCCC crews have assessed over 3,200 homes in Fort Collins and enabled these customers to save on their utility bills. Due to its success, the Program is now part of the City’s Utilities Affordability Portfolio, which provides a mechanism for low to moderate income customers to control their energy use and costs for the benefit of all City electric and water utility customers. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The mission of the Program, which has been administered with Larimer County since 2010, is to positively impact the local community, as well as the environment, by promoting energy and water conservation. The Program has implemented a workforce development model of training young adults in the efficiency industry while addressing the community’s low-income population’s accessibility to conservation measures and education. This Program is an important component within a portfolio of programs and services which support progress towards Fort Collins’ goals related to the Energy Policy, Climate Action Plan and Water Conservation Plan. Home efficiency assessments include an on-site assessment, energy and water saving retrofits and customer education. By the end of the 2018 spring season, LCCC crews assessed over 3,200 homes in Fort Collins, saving customers over $107,000 annually by reducing energy and water use (1,382,000 kilowatt-hours, 32,000 therms, and over 20 million gallons of water annually). Results from the most recent program year are included as an attachment. By renewing the IGA between the City and Larimer County to support the LCCC program, the City can continue to receive the community utility education and conservation services that have helped reduce and control loads on City electric and water utilities since 2010. 6 Packet Pg. 125 Agenda Item 6 Item # 6 Page 2 CITY FINANCIAL IMPACTS The IGA commits Fort Collins Utilities to an obligation of $123,968 from January 2019 through May 2019, based on the LCCC meeting requirements for the minimum number of assessments. Utilities has budgeted funds within the approved 2019 and 2020 Energy Services and Water Conservation Divisions for the provision of efficiency audits and directly installed efficiency equipment. No additional funding or appropriation is required under the IGA. Future agreements for services from LCCC will be dependent upon efficiency funding appropriations. BOARD / COMMISSION RECOMMENDATION At its December 13, 2018 meeting, the Energy Board voted 8-0 in support of renewing the IGA. PUBLIC OUTREACH Staff has not completed additional public outreach as it was determined that the implementation of this ongoing program was a business decision to achieve goals identified in the Energy Policy, Climate Action Plan and Utilities Affordability Portfolio. ATTACHMENTS 1. Larimer County Conservation Corps Water and Energy Program Report, 2018 (PDF) 2. Energy Board Meeting Minutes, December 13, 2018 (draft) (PDF) 6 Packet Pg. 126 1 2017-2018 Water and Energy Program Report Fort Collins Utilities Program History: The LCCC Water and Energy program was created in 2009 as a community initiative to promote residential energy and water conservation. Through partnerships with local utility providers, this program continues to evolve to best serve our community and local resources. The following report summarizes program year 2017-18, along with annual comparisons and trends. Program Goals Program Accomplishments • Conduct 325-425 assessments • Completed 425 assessments • Install high-efficiency toilets • Installed 110 high-efficiency toilets • Transition 8 corpsmembers into subsequent employment or education upon program completion • 7 of 8 corpsmembers transitioned into employment Program Dates: December 7, 2017 - May 02, 2018 (20 weeks) Training: • Assessment Practice • Building Science with Scott Suddreth • CPR/First Aid • Customer Service • HR/Risk Management • LCCC Policies and Procedures • Partnerships, PRPA Overview • Porchlight, Monitor My Use, Reading your Bill with Pete Iengo • Thermostat/HVAC Training with John Fassler • Toilet Installation with Neighbor to Neighbor and Independent Plumbing Solutions • Utility Services and Rebate Program • Van Driver Training with Colorado Safety Association ATTACHMENT 1 6.1 Packet Pg. 127 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 2 6.1 Packet Pg. 128 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 3 Educational Opportunities: • Career Counseling • Interviewing, Professionalism, and Resume Workshops • Informational Interviews/Job Shadows • Mid-term and Final Evaluations • Education and sustainability tours of Fort Collins Wastewater Treatment Plant, Fort Collins Utilities, Loveland Water and Power, Loveland Museum, New Belgium Brewing, National Renewable Energy Laboratory, Northern Water, Rawhide Energy Station, Revive Homes 6.1 Packet Pg. 129 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 4 Marketing Efforts: • 145 posters distributed in Fort Collins and Laporte • 500 postcards mailed to TANF participants • Email Blast o Temporary Assistance for Needy Families (TANF), Connecting Colorado, LCCC E- list of 500 subscribers • Newsletter o Larimer County’s Inside Information • Press Release • Web Presence and Social Media o Facebook, Craigslist, Next Door • Program Information Tables o Larimer County Courthouse Office, Larimer County Food Banks, CSU Housing Fair, Earth Day, Whole Foods, Eagles Game Program Changes: • Implemented Full Slate Scheduling Software • Lightbulbs purchased were 100% LEDS • Installed 76 Furnace Air Filters 6.1 Packet Pg. 130 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 5 Porchlight: • 83 Homes Visited • 34 LEDs installed • Interacted with 58% of residents 6.1 Packet Pg. 131 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 6 Summary of Products Installed in Fort Collins Homes Product Quantity Installed Energy Clotheslines 124 Thermostats 30 6w LED Globe Bulbs 942 8w LED Flood Bulbs 1101 9w LED Light Bulbs 2466 Total Number of Light Bulbs 4509 Water* Bathroom Aerators (.5 gpm) 115 Bathroom Aerators (1 gpm) 312 Kitchen Aerators (1.5 gpm) 130 Shower Heads 208 Tank Banks 41 High Efficiency Toilets 110 Safety and Air Quality CO/Smoke Detectors 120 Furnace Air Filters 76 *504.25 Gallons Per Minute (gpm) saved from aerators and showerheads *380.4 Gallons Per Flush (gpf) saved from tank banks and high efficiency toilets 6.1 Packet Pg. 132 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 7 6.1 Packet Pg. 133 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 8 6.1 Packet Pg. 134 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 9 Multi-family units assessed: • Neighbor to Neighbor- 50 units, 46 HETs installed • River Rock- 10 units assessed 6.1 Packet Pg. 135 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 10 6.1 Packet Pg. 136 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 11 6.1 Packet Pg. 137 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 12 Customer Evals and Quotes: • 36 evaluations collected • 100 % positive evaluations, only 3 contained minor critiques “This is a great program for teaching young people relevant skills. I'm glad that they learn in several different environments. Hope they can put their new skills to use as they work in other jobs. Keep up the good work.” “Brandon and Jessica were prompt, got right to their tasks, focused on them while here. I appreciate all they did to educate and to make my home more energy efficient. I have some changes to make and I have begun them already. Thank you very much for the service and products you provided me.” “They were on time, friendly and genuinely interested in the efficiency of my home and my concerns” “They did an excellent job and were very professional. I give them an A+!” “Friendly, knowledgeable, and strived to go above and beyond.” “That was a valuable experience. Thank you for providing it. I learned how my electric bill was figured. That was great to know.” “What a great service provided by these smart kids. Big thumbs up!” 6.1 Packet Pg. 138 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 13 End of Season Presentation: http://prezi.com/z69bt1l2jzi9/?utm_campaign=share&utm_medium=copy Corpsmember Post-LCCC Plans: Brandon Boehme Staff at Subway in Fort Collins and attending classes at Front Range. Pursuing work in plumbing or maintenance Cole Conger Maintenance Staff with Platte River Power Authority Emily Wenger Hiking the 2,700 mile Continental Divide Trail Evelin Preciado Seed Researcher for Anheuser Busch Hannah Langley Reading Corps in Loveland, Colorado Julie Stoyanova Energy Auditor with ICF in Rockville, Maryland Jessica Purtell Tour Guide at Anheuser Busch. Attending CSU for Masters Degree in Watershed Management Stephanie Moothart Attending Louisiana State University for a Masters in Renewable Natural Resources-Forestry 6.1 Packet Pg. 139 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA 14 Corpsmember Testimonials: “This season was enlightening! I’ve never learned so much on a job. I felt like I was helping the community. I learned so much about myself, building science, and power distribution. The LCCC is a fantastic organization that I’m going to miss greatly. Thank you!” “I think this season has been a great experience. I got to work with wonderful people and I got to meet a lot of interesting customers. I love that I feel like I made a difference in the community and I got to help people with products and education. I also learned some team and problem-solving skills that are transferable and some specific install skills that will come in handy later in life.” “I am proud of the work I have done with the Corps. My time in the Corps has been very useful in helping me improve my professional skills. I have learned new ways I can improve myself as well as identifying personal areas in need of improvement. I would recommend other people to be corpsmembers.” “I learned how to interact with individuals (strangers) in their own homes and be comfortable with that over time as it was initially a little odd. I learned more about utility companies function and how our resources are distributed and used (electric and water). This is beneficial for my future career in the field and better guidance as to what I will choose to study for graduate school.” “I am glad I did this service position. It has taught me a lot about energy and water efficiency- topics I have always been interested in.” “Thanks for making this all happen and providing this opportunity to serve others. Hopefully this program can continue having a positive impact on the community-homeowners, utilities, and young people.” “I really liked the educational tours, presenting education topics, and that the program was free to residents.” “I gained a view into a world of career possibilities that is different from past exposures. I’m happy with my work this season. I think homeowners responded positively to the work I did and the information I had to share. I enjoyed learning from everyone I met this season.” 6.1 Packet Pg. 140 Attachment: Larimer County Conservation Corps Water and Energy Program Report, 2018 (7497 : Larimer County Conservation Corps IGA Energy Board Minutes DRAFT – ABRIDGED - December 13, 2018 Energy Board Minutes DRAFT - ABRDIGED – December 13, 2018 Fort Collins Utilities Energy Board Minutes DRAFT – ABRIDGED - Thursday, December 13, 2018 Energy Board Chairperson Nick Michell, 970-215-9235 City Council Liaison Ross Cunniff, 970-420-7398 Energy Board Vice Chairperson Amanda Shores, 408-391-0062 Staff Liaison Tim McCollough, 970-305-1069 Roll Call Board Present: Chairperson Nick Michell, Alan Braslau, Bill Becker, Jeremy Giovando, Greg Behm, John Fassler, Stacey Baumgarn, Krishna Karnamadakala Late Arrivals: Board Absent: Vice Chairperson Amanda Shores Others Present Staff: Tim McCollough, Christie Fredrickson, John Phelan, Lindsay Ex, Brian Tholl, Lance Smith, Kevin Gertig, Rhonda Gatzke Platte River Power Authority: Paul Davis, Joel Danforth Members of the Public: Larimer County Conservation Corps Brian Tholl, Senior Supervisor, Mechanical Engineer Maelly Oropeza, Director of the Larimer County Conservation Corp (attachments available upon request) Mr. Tholl said the current five-year Intergovernmental Agreement (IGA) period with Larimer County Economic and Workforce Development Department completed in 2018. The Water and Energy Program is incorporated into the City’s suite of efficiency programs and is administered by Larimer County Conservation Corps (LCCC). This includes the staffing and recruitment of participants, and sourcing of direct-install materials. The customer offer is a no-cost home efficiency assessment on site with a Corp team staff member who also provides educational information for the tenant or homeowner. The customer is provided with direct-install equipment like shower heads and LED lightbulbs. The Water and Energy Program is marketed within the Utility Affordability Portfolio, which also includes the Income Qualified Assistance Program, Payment Assistance Fund, Medical Assistance Program, and Colorado Affordable Residential Energy. In 2019, staff plans to target customers who have signed up for LEAP and IQAP, though participation in those programs is not a requirement or prerequisite. LCCC has completed many installations since 2010, including 3,485 assessments, 32,300 efficient light bulbs, 637 programmable thermostats, 5,897 efficient sink aerators, and 409 low-flow toilets. ATTACHMENT 2 6.2 Packet Pg. 141 Attachment: Energy Board Meeting Minutes, December 13, 2018 (draft) (7497 : Larimer County Conservation Corps IGA renewal) Energy Board Minutes DRAFT – ABRIDGED - December 13, 2018 Energy Board Minutes DRAFT - ABRDIGED – December 13, 2018 Chairperson Michell asked for clarification on how the City of Fort Collins supports the LCCC and the Water and Energy Program. Mr. Oropeza explained LCCC administers the program, which is funded by and serves both Fort Collins Utilities and Loveland Water and Power customers. Mr. Phelan added the funding from each of the municipalities is provided to their respective customers enrolled in the program. Mr. Tholl is seeking the Energy Board’s feedback and support of renewing the IGA with Larimer County. Board member Behm moved the Energy Offer its support to renew the IGA between the City of Fort Collins and the Larimer County Economic and Workforce Development Department to maintain the Water and Energy Program. Board member Braslau seconded the motion. Discussion: Board member Braslau said the Council Futures Committee discussed equity as an outcome, and this program aligns very well. Chairperson Michell agreed and said it’s important for renters and low-income population to have access to efficiency programs. Vote on the motion: it passed unanimously 8-0, with one absent. 6.2 Packet Pg. 142 Attachment: Energy Board Meeting Minutes, December 13, 2018 (draft) (7497 : Larimer County Conservation Corps IGA renewal) -1- RESOLUTION 2019-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO CONTINUE SUPPORT FOR THE LARIMER COUNTY CONSERVATION CORP ENERGY AND WATER PROGRAM WHEREAS, since 2010, the City’s Utility Services department has partnered with the Larimer County Conservation Corp Energy and Water Program (the “LCCC Program”) to support local resource conservation programming; and WHEREAS, the LCCC Program includes performing home efficiency assessments for customers of Fort Collins Utilities and Loveland Water and Power, including on-site evaluations, energy and water saving retro-fits, and customer education; and WHEREAS, the LCCC Program also includes training young adults in the efficiency industry and improves access for low-income populations to conservation measures and education; and WHEREAS, the LCCC Program is an important component of support for the goals of the City’s Energy Policy, Climate Action Plan, and Water Conservation Plan; and WHEREAS, the LCCC Program has also become an element of the City’s Utilities Affordability Portfolio, which provides a mechanism for low-to-moderate-income utility customers to control their energy use and costs through a suite of education and efficiency retro- fits tools; and WHEREAS, since its inception in 2010, the LCCC Program has provided assessments and education for 3,200 Fort Collins Utilities customer homes, resulting in an estimated annual savings of over 1,382,000 kilowatt-hours and 32,000 therms of energy, and 20 million gallons of water; and WHEREAS, the proposed 2019-2020 LCCC Program cycle will serve 400 additional Fort Collins Utility customers, requiring the City to commit $123,968 to continue its support of the LCCC Program; and WHEREAS, the City Council has determined it is in the best interests of the City and beneficial to the Fort Collins Utility ratepayers that the Mayor execute an intergovernmental agreement with Larimer County for the purpose of continuing the City’s support of the LCCC Program in the 2019-2020 cycle, with the option to renew the City’s support for up to four additional program cycles. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 143 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Mayor is hereby authorized to execute an intergovernmental agreement with Larimer County in support of the Larimer County Conservation Corp Energy and Water Program (IGA), in substantially the form of Exhibit “A”, with such modifications and additional terms and conditions not inconsistent with this Resolution as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution, and with the City to provide funds in the amount of $123,968 from existing appropriations in the Energy Services and Water Conservation Divisions budgets in furtherance of the services described in the IGA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 144 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES This Agreement is made this 4th day of December, 2018, by and between the City of Fort Collins, Colorado, a municipal corporation (hereinafter called the "City") and Larimer County, Colorado, through Larimer County Economic and Workforce Development Department, Conservation Corps, 200 West Oak Street, Suite 5000, Fort Collins, Colorado 80521 (hereinafter called the "Provider"). WITNESSETH WHEREAS, the City wishes to promote development of job skills in the efficiency industry for young adults in Larimer County while increasing availability of energy and water conservation measures and education to low-income electric customers; and WHEREAS, the City and Provider have successfully partnered on delivery of energy and water assessments since 2010; and WHEREAS, the Provider wishes to continue its established Conservation Corps program for another cycle in order to provide such opportunities through the LCCC Water & Energy Program; and WHEREAS, it is in the best interests of the City, the County, and their taxpayers to provide services efficiently and cost-effectively, and to minimize overhead expenditures for administration and program creation. NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: 1. Services. The Provider agrees to provide services generally described as providing assessment and completion of energy and water savings product installations for 325-425 utility customers of the City, and to provide related conservation education, assistance and promotion of the City’s home energy and water rebate programs, as more fully described in Exhibit "A", consisting of two (2) pages and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as of the date set forth above and completed no later than May 31, 2019,. This Agreement shall automatically renew for up to four additional one-year terms, to conclude no later than May 31, 2023, unless earlier terminated. 3. Compensation. In consideration for Provider’s services, the City agrees to pay Provider according to the schedule set forth in Exhibit “B”, consisting of one (1) page and incorporated herein by this reference, with a maximum not to exceed One Hundred Twenty Three Thousand Nine Hundred Sixty Eight Dollars ($123,968.00). Provider shall submit itemized invoices for payment in accordance with Exhibit B. The City will make payments within thirty (30) days after receiving a properly documented invoice from Provider. EXHIBIT A 1 Packet Pg. 145 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 2 4. No Joint Employer Relationship. All youth employed shall remain at all times subject to the sole and exclusive control, supervision, and direction of the Provider. The Provider shall have sole and exclusive control over the selection, hiring, discipline, firing, and assignment of such employees. The Provider shall also have the sole and exclusive authority to determine the method, means, and manner of performance of such employees, and to establish their wages, hours and working conditions. The Provider shall be the sole employer of all employees providing services pursuant to this Agreement. This Agreement shall not be construed as creating a "joint- employer" relationship between the Provider and the City. 5. Payroll Processing. The Provider agrees to perform all necessary payroll processing and personnel administration with respect to employees hired or retained pursuant to this Agreement in compliance with all applicable federal and state laws and local ordinances, including but not limited to the maintenance of all employment-related records, the issuance of payroll checks and the withholding of FICA and applicable federal and state taxes. The City agrees not to provide anything of value to any employee of the Provider performing services under this Agreement, whether in the form of a gift or compensation, without prior written approval from the Provider. 6. Worker's Compensation. The Provider agrees to provide workers' compensation coverage for employees pursuant to this Agreement. It is the intent of the Provider and the City that the Provider's workers’ compensation insurance carrier shall be liable for any benefits awarded to any injured employee under the terms of this Agreement. 7. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees to the extent required by law. No term or condition of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protections available to any party under the Colorado Governmental Immunity Act. As the sole employer of all employees providing services pursuant to this Agreement, Provider agrees that the City shall have no obligation or liability in connection with: (a) the selection, hiring, discipline, firing or assignment of such employees; (b) the method, means or manner of performance of such employees; (c) the wages, hours or working conditions of such employees; (d) negligent conduct, intentional conduct, and criminal conduct, including commissions and omissions, of such employees; and (e) the employment relationship between the Provider and such employees. 8. Additional Provider Obligations. 8.01 No person with responsibilities in the provision of services or the operation of any program referred to in this Agreement will unlawfully discriminate with respect to any program participant or any applicant for participation on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs. 8.02 No services provided under this Agreement shall involve political activities and no funds made available under this Agreement shall be used for lobbying activities. 1 Packet Pg. 146 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 3 8.03 No person with responsibilities in the provision of the services or the operation of any program referred to in this Agreement will use his or her position for his or her own private gain or for the gain of any person with whom (s)he has a relationship by blood or marriage or a close business, political or personal association. 8.04 Provider agrees to complete background checks reasonably satisfactory to the City on all youth or other employees of Provider prior to participation in the Program, and to limit participation to persons shown through said checks to be reliable and reasonably suited for work in the homes of City utility customers. Any such checks shall be completed in accordance with applicable laws. 9. Information Available to Provider. The City agrees to make available to Provider such information as is required to enable Provider to provide its services in compliance with local, state and federal laws, and subject to the following: 9.01 Provider must implement reasonable policies and procedures to detect, prevent and the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations Part 681, including requiring any Conservation Corp Energy Program employees to sign a confidentiality agreement as a condition of employment. Further, Provider must notify the City in writing of any information leading Service Provider to believe identity theft has occurred regarding a City covered account and must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts. 9.02 In connection with the Services to be provided to the City pursuant to this Agreement, the Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials, including but not limited to all name, address, telephone number, and personal information of all customers receiving services from Provider hereunder. 9.03 In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Provider has agreed to perform, including but not limited to any information generated by the Provider in connection with the performance of services under this Agreement, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with or as a result of the performance of services for the City may be confidential and/or proprietary. The Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City); and (c) all information generated by Provider in the course of or in connection with the provision of services under the Agreement. The Provider shall not disclose any such information to any person 1 Packet Pg. 147 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 4 except as authorized by the City. Further, the Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. 9.04 The foregoing to the contrary notwithstanding, the Provider understands that it shall have no obligation under this Agreement with respect to information and material that is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any such disclosure, Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. 9.05 In the event that Provider ceases to perform services for the City, or the City so requests for any reason, Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. 9.06 Provider understands and agrees that the City’s remedies at law for a breach of Provider’s obligations under this Confidentiality provision may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. 10. Parties' Representatives. For the purposes of this Agreement, Provider hereby designates Maelly Oropeza, Corps Manager (moropeza@larimer.org, 970-498-6630) as its representative. The City designates John Phelan, Energy Services Manager (jphelan@fcgov.com, 970-416-2539) as its representative. 11. City Responsibilities. In addition to providing payment as set forth above, the City shall further be obligated to provide the following for use by Provider in performing Provider’s obligations hereunder: 1. Provide materials for direct installation into the assessed homes. Materials include, as appropriate, compact fluorescent light bulbs, low-flow showerheads, faucet aerators, high efficiency toilets, programmable thermostats, carbon monoxide detectors, and clotheslines; 2. Assist with marketing efforts in seeking households through agency materials, community partners, online or other means; 3. Identify a liaison to the LCCC Water & Energy Program with a focus on Corps member development. Examples of activities could include networking, shadowing, informational interviews, sitting on an industry panel for questions and answers, or site visits of the crew in the field. 4. Offer written feedback upon completion of the program. 12. Default. Each and every term and condition of this Agreement shall be deemed to be a material element of this Agreement. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 1 Packet Pg. 148 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 5 13. Remedies upon Default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) seek any other remedy available at law or equity. 14. Compliance with Laws/Nondiscrimination. Contractor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices and to the origination of mortgage loans and other credit and lending activities. Contractor shall provide all services hereunder in a manner consistent with all laws and requirements pertaining to civil rights, nondiscrimination and constitutionally protected classes and rights, applicable to the provision of municipal services to members of the public. 15. Entire Agreement. This instrument and its exhibits constitute and contain the entire agreement and understanding of the parties hereto concerning the employee’s employment and the other subject matters addressed herein, and supersedes and replaces all prior negotiations, agreements, understandings, warranties, promises or otherwise between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto, concerning the subject matters hereof. 16. Severability of Invalid Provisions. In the event any covenant, condition or provision of this Agreement or the application thereof, is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either the City or Provider in their or either of their respective rights and obligations under the valid covenants, conditions or provisions of the Agreement. 17. Governing Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Colorado. 18. Waiver of Breach -- Effect. No waiver of any breach of any term of provision of this Agreement by the City or Provider shall be construed to be, nor shall be, for any purpose, a waiver of any breach of any other provision hereof or of a continuing or subsequent breach of the same provision. No waiver shall be valid unless in writing and signed by the party waiving the breach. 19. Binding Effect. This Agreement shall be binding upon the parties hereto and their heirs, administrators, personal representatives, successors and assigns of each respectively. 20. Headings. Paragraph headings contained herein are for convenience and reference, and are not intended to define or limit the scope of any provisions of this Agreement. 1 Packet Pg. 149 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 6 21. Appropriation of Funds. Obligations of the City hereunder are contingent upon appropriation of funds sufficient and intended for this purpose by the City Council of the City, in its sole discretion. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective, as of December 4th, 2018. LARIMER COUNTY, COLORADO Date: ____________________ By: Chair, Board of County Commissioners Date: _____________________ By: ___________________________________________ CITY OF FORT COLLINS, COLORADO Date: _____________________ By: Wade Troxell, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ___________________________ City Clerk Assistant City Attorney 1 Packet Pg. 150 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 7 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES Exhibit A: Scope of Services BACKGROUND The Larimer County Conservation Corps (LCCC) has existed for twenty years in our local community. During this tenure, LCCC has specifically focused on providing workforce development programming for young adults, focusing on conservation. Since 2008, the LCCC– Water & Energy Program has implemented a workforce development model of training young adults in the efficiency industry while addressing the community’s low-income population’s accessibility to energy and water conservation measures and education. LCCC is excited that the City of Fort Collins Utilities sees the value of this partnership with the LCCC – Water & Energy Program to meet the needs of Fort Collins’ residents and further expose the next generation of young adult workers to careers in the utility industry in Northern Colorado. This Exhibit A addresses the objectives of the Water & Energy Program, the scope of services, training, roles and responsibilities, and benefits of this partnership. OBJECTIVE Implement the LCCC – Water & Energy Program within Fort Collins, Colorado in an effort to assess and further complete energy and water savings product installations for between 325 to 425 residences through service learning opportunities for Corpsmember development. The program will target low to moderate income communities for participation, however, any Fort Collins Utilities water and/or electric customers are eligible to participate. In addition, LCCC- Water & Energy Program will also provide conservation education, tips, and rebate opportunities to the resident’s home during the assessment. The LCCC is solely responsible for program oversight and implementation of targeted goals. SCOPE OF SERVICES 1. Community A. Target marketing efforts to low-income residents and partners that serve such populations with an emphasis on the multi-family housing sector. B. Schedule home efficiency assessment, verifying that homes are served by Fort Collins Utilities. C. Source appropriate materials for direct installation as identified in the D. LCCC crews will perform assessment, direct installation, educate residents about conservation techniques, and promote additional comprehensive audit services if interested. E. Gather data from assessments to compile energy and water conservation measures installed and associated savings (e.g. kilowatt-hours, carbon, gallons). F. Gather demographic information from participants to align with income guidelines for County services. 2. Auditor/Staff A. Train 6-8 Corpsmembers in home efficiency assessment and conservation retrofitting. 1 Packet Pg. 151 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 8 B. Encourage Corpsmembers to further develop their leadership style for personal and professional growth through peer mentoring, networking within industry, or facilitating group activities. C. Work with internal and external partners including the City of Fort Collins Utilities to help Corpsmembers better understand the utilities industry and future career opportunities through networking, shadowing, informational interviews, and site visits. D. Bi-weekly reports on residential assessment data outcomes to City of Fort Collins Utilities. E. Complete a final report summarizing all activities and results within 30 days of program completion. F. Upon program completion, Corpsmembers will present their findings to utility staff or boards at a quarterly meeting. G. Installation Requirements: Materials: Installation Requirement Installation limit Toilet New toilet will only replace 1.6 GPF and above 1 toilet per dwelling Aerator New aerators will only replace existing aerators greater than 1.5 GPM in the kitchen and 1.0 GPM in the bathroom. No limit per unit Showerheads New showerheads will only replace existing showerheads greater than 2.0 GPM No limit per unit LEDs All LEDs will only replace incandescent or halogen lamps, unless in a fixture with mixed lamps, in which case all would be replaced No maximum Thermostats Programmable thermostat to replace only manual adjusted thermostat 1 per dwelling Carbon Monoxide detectors Installed in absence of detector 1 per dwelling FORT COLLINS UTILITIES RESPONSIBILITIES The City of Fort Collins Utilities responsibilities towards the program include: 1. At the City of Fort Collins Utilities discretion, either provide materials for direct installation into the assessed homes or for products not provided, City of Fort Collins Utilities will reimburse LCCC for materials that LCCC has purchased and installed. Materials include, as appropriate, LEDs, programmable thermostats, carbon monoxide detectors, clotheslines, toilets, high efficiency showerheads and faucet aerators. 2. Assist with marketing efforts in seeking households through agency materials, community partners, online or other means. 1 Packet Pg. 152 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 9 3. Identify a liaison to the Water & Energy Program Coordinator with a focus on Corpsmember development. Examples of activities could include networking, shadowing, informational interviews, sitting on an industry panel for questions and answers, or site visits of the crew in the field. 4. Offer written feedback upon completion of the program. BENEFITS When the 2018-2019 LCCC Water & Energy Program is complete, the Fort Collins community will collectively have between 325 and 425 residences assessed and retrofitted with basic efficiency products. The program will be targeting low income populations for participation, but may provide services to any Utilities water and/or electric customer. Benefits will also include timely, accurate and usable data, and a willing and able workforce that may act as a feeder program for utility opportunities in the near future to better train and employ the next generation of utility workers. PROGRAM COSTS Program costs are summarized below. LCCC will not incur additional programs costs without written prior approval. Description Budget Notes Energy Efficiency Materials (e.g. LED bulbs, thermostats, smoke/carbon monoxide detectors, clotheslines) $19,950 Energy efficiency products will be purchased by LCCC. Reference resources and materials may be provided by the City upon request. Water Efficiency Materials (e.g. showerheads, aerators, toilets, tank banks, dye tabs) $1,280 Utilities Resource Conservation team will provide most materials for direct installation within homes. LCCC may be asked to purchase materials to supplement existing resources provided from Utilities. 2018-2019 Program Support $102,738 Total $123,968 Total may vary based on actual cost of purchases by LCCC, but will not exceed budget identified Exhibit B describes the payment schedule for services under this agreement. 1 Packet Pg. 153 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) 10 AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES Exhibit B: Payment Schedule Compensation. 3.01 In consideration for Provider’s services, the City agrees to pay Provider according to the schedule set forth below, with a maximum not to exceed One Hundred Twenty Three Thousand Nine Hundred Sixty Eight ($123,968). 3.02 Provider shall submit itemized invoices for payment. The City will make payments within thirty (30) days after receiving a properly documented invoice from Provider. Milestone Program Materials Signing Agreement (50% of program support) $51,369.00 $0 50% of Audits/installations completed (20% of program support plus materials reimbursement) $20,547.60 $10,615.00* 100% of Audits/installations completed (20% of program support plus materials reimbursement) $20,547.60 $10,615.00* Final Report and presentation(10%) (10% of program support plus materials reimbursement) $10,273.80 $0* Sub-Total $102,738.00 $21,230.00 Total $123,968.00 * Provide itemized receipts for materials invoicing. 1 Packet Pg. 154 Attachment: Exhibit A (7499 : Larimer County Conservation Corps IGA renewal RESO) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Wendy Bricher, Financial Coordinator Beth Sowder, Director of Social Sustainability Ingrid Decker, Legal SUBJECT Resolution 2019-003 Approving a Waiver of the 2017 PILOT for Housing Catalyst. EXECUTIVE SUMMARY The purpose of this item is to approve a waiver of the 2017 PILOT of $9,638 for Housing Catalyst per the 1971 Cooperative Agreement. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Public housing authorities are formed by the local governing body under State of Colorado enabling legislation. The Fort Collins Housing Authority (FCHA), now called Housing Catalyst, was formed by the Fort Collins City Council on May 20, 1971. The Federal Department of Housing and Urban Development (HUD) requires a public housing authority to submit to HUD for approval a Cooperation Agreement between the housing authority and the local government before the housing authority can submit an application for a public housing project. HUD’s standard form of Cooperation Agreement must be used unless modifications are approved to comply with state or local requirements. The Payment In Lieu of Taxes (PILOT) is covered in Section 3 (a) of the Cooperation Agreement form. On December 16, 1971, to meet this requirement, the City and FCHA entered into a Cooperation Agreement, which provided that FCHA must make annual PILOT payments to the City for the public services and facilities furnished by the City. The PILOT applies only to those properties specifically funded by the HUD “Public Housing” program. The computation of the PILOT is done on form HUD-52267 and is calculated using the total tenant revenue, less utility expenses for those units. A copy of the 1971 Cooperation Agreement, as amended in 1986, is included as Attachment 2. In 1986, upon request of FCHA, the City Council adopted Resolution 1986-177 which relieved FCHA of its obligation to make the PILOT payments. Based on that resolution, FCHA did not make PILOT payments from 1987 through 1990. The City also refunded FCHA’s PILOT payments for the years 1984, 1985 and 1986. In 1992, the City Council adopted Resolution 1992-093, repealing Resolution 1986-177 and reinstating the requirement that FCHA pay the annual PILOT payment. The change was made to assure compliance with HUD regulations. Since that time, the City has returned the annual PILOT payments to FCHA at its request. In recent years, Congressional appropriations have been at 80% of the HUD operating subsidy for Public 7 Packet Pg. 155 Agenda Item 7 Item # 7 Page 2 Housing units, and the PILOT refund helps make up for Congressional underfunding of operations and services to these units. Staff recommends that the 2017 PILOT payments of $9,638 waiver be approved for Housing Catalyst. As a condition of the waiver, the City will require Housing Catalyst to sign a letter agreement obligating it to use the funds for creating or maintaining affordable housing in a manner consistent with HUD guidelines. CITY FINANCIAL IMPACTS None. ATTACHMENTS 1. PILOT Request Letter (PDF) 2. 1971 HUD Agreement (PDF) 7 Packet Pg. 156 ATTACHMENT 1 7.1 Packet Pg. 157 Attachment: PILOT Request Letter (7492 : Housing Catalyst PILOT) ATTACHMENT 2 Packe Packe Packe Packe Packe -1- RESOLUTION 2019-003 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A WAIVER OF THE 2017 PILOT FOR HOUSING CATALYST WHEREAS, on December 16, 1971, the City and the Fort Collins Housing Authority, now called Housing Catalyst, (the “Authority”) entered into a Cooperation Agreement (the “Agreement”) to comply with the requirements of a public housing program financed by the federal Department of Housing and Urban Development (“HUD”); and WHEREAS, the Agreement requires the Authority to make an annual payment in lieu of taxes (“PILOT”) to the City for the public services and facilities provided by the City to Authority housing projects; and WHEREAS, since at least 1992, the City has remitted such PILOT payments to the Authority to help fund affordable housing-related activities and meet the needs of low-income Fort Collins residents; and WHEREAS, the Authority is scheduled to make a PILOT payment for 2017 of $9,638; and WHEREAS, this year, rather than having the Authority pay the PILOT funds to the City and then ask the City Council to appropriate the funds for repayment to the Authority as in past years, City staff is recommending that the Council simply waive the requirement that the Authority pay the PILOT funds, simplifying the process; and WHEREAS, the parties to a contract can agree to waive an obligation required of a party to such contract; and WHEREAS, as a condition of agreeing to such waiver, the City will require the Authority to sign a letter agreement obligating the Authority to spend the funds for creating or maintaining affordable housing in a manner consistent with HUD guidelines. NOW, THEREFORE, BE IT RESOLVED 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 the City Council hereby waives the Authority’s obligation to make a PILOT payment for 2017 only pursuant to the 1971 Cooperation Agreement on the condition that the Authority spend such funds for affordable housing and related activities for Fort Collins residents consistent with HUD guidelines. Packet Pg. 163 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 164 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Michelle Provaznik, Director, Gardens on Spring Creek Ingrid Decker, Legal SUBJECT Resolution 2019-004 Supporting the Grant Application for a School Yard Initiative Grant from the State Board of Great Outdoors Colorado on Behalf of Colorado Early Colleges-Fort Collins for the Innovation Urban Farms Project. EXECUTIVE SUMMARY The purpose of this item is to obtain Council approval to apply for a School Yard Initiative Grant from Great Outdoors Colorado (GOCO) on behalf of Colorado Early Colleges-Fort Collins (CEC) for the Innovation Urban Farms project. Per GOCO requirements, the application must be submitted by local governments in partnership with schools. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION In October 2018, Colorado Early Colleges-Fort Collins (CEC) reached out to the City of Fort Collins regarding the City serving as fiscal agent for a Great Outdoors Colorado (GOCO) School Yard Initiative grant of $110,000. As the Gardens on Spring Creek provides technical support for community and school gardens, Gardens staff has been working with CEC and GOCO to facilitate City assistance. For the School Yard Initiative Grant, Great Outdoors Colorado, in partnership with Colorado Parks and Wildlife, is requesting proposals for projects that seek to revitalize school playgrounds and outdoor learning environments across the state with an emphasis on opportunities for nature-based play and learning. Applications must be submitted by local governments in partnership with schools. Colorado Early Colleges is a network of charter schools located along the Front Range of Colorado. The CEC network is comprised of charter schools that provide tuition-free public education that gives all students the opportunity to earn an Associate Degree in high school for free. Schools are located in Colorado Springs, Fort Collins, Parker, and Aurora. The Fort Collins school is located at 4424 Innovation Drive. CEC would like to submit the Innovation Urban Farms project at its Fort Collins campus for the School Yard Initiative grant. Innovation Urban Farms will build the future of farming and agriculture education by constructing outdoor learning space to teach and inspire learning. Planned features include a greenhouse, storage sheds, and food gardens. Garden boxes will be built by CEC students, along with mural art to embellish the existing concrete walls. The Farm will be built on the east side of the building, facing the future extension of the City’s Power Trail. An orchard area of apple trees and seating will also be part of the design, adjacent to the trail. 8 Packet Pg. 165 Agenda Item 8 Item # 8 Page 2 The design process has been student-led with two design charette meetings held in October and November 2018. Organic produce grown at the Farm will be used in the school kitchen, with partnerships planned with neighboring Kruse Elementary School, the local food bank, and organizations serving low-income families to receive donated produce. If Council approves proceeding with the grant application, the following steps will need future Council approval: 1. An intergovernmental agreement between the City of Fort Collins and CEC outlining the requirements required for the City to serve as fiscal agent. 2. If the grant is awarded, Council will be asked to approve the unanticipated revenues from GOCO for the project. CITY FINANCIAL IMPACTS This decision does not impact City financial resources. It allows the City to apply for the grant in partnership with Colorado Early Colleges-Fort Collins. If the grant is awarded, the City will serve as fiscal agent of the grant, passing through the approved funds to CEC. If the grant is not awarded, the partnership is nullified, and no funds will be provided. PUBLIC OUTREACH Colorado Early Colleges-Fort Collins has held two design charrettes open to the public. They have also reached out to neighboring schools and businesses regarding the project. Finally, they are creating partnerships with neighboring schools and local non-profits. ATTACHMENTS 1. Diagrams (PDF) 8 Packet Pg. 166 ELEVATIONS NOVEMBER 2018 Colorado Early Colleges CEC NOVEMBER 201 14’x20’ GREENHOUSE 10’x12’ OFFICE SPACE 10’x12’ GARDEN SHED 4 - TABLES W/ CHAIRS 16’x22’ PERGOLA WALLS W/ GRAFFITI MURALS 2 - RAIN BARRELS ATTACHMENT 1 8.1 Packet Pg. 167 Attachment: Diagrams (7494 : Colorado Early Colleges Grant Application) ELEVATIONS NOVEMBER 2018 Colorado Early Colleges CEC NOVEMBER 201 RAISED BEDS 12”-18” HT. RASIED BEDS 24”-30” HT. 2’ HT. RAISED BED ALONG EAST PERIMETER 4’ OVERALL HT. CATTLE PANEL PERIMETER FENCE 8.1 Packet Pg. 168 Attachment: Diagrams (7494 : Colorado Early Colleges Grant Application) OUTDOOR CLASSROOM ROOFING NOVEMBER 2018 Colorado Early Colleges CEC NOVEMBER 201 8.1 Packet Pg. 169 Attachment: Diagrams (7494 : Colorado Early Colleges Grant Application) -1- RESOLUTION 2019-004 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUPPORTING THE GRANT APPLICATION FOR A SCHOOL YARD INITIATIVE GRANT FROM THE STATE BOARD OF GREAT OUTDOORS COLORADO ON BEHALF OF COLORADO EARLY COLLEGES – FORT COLLINS FOR THE INNOVATION URBAN FARMS PROJECT WHEREAS, the City’s Gardens on Spring Creek is applying for a School Yard Initiative Grant from the State Board of Great Outdoors Colorado (GOCO) in the amount of $110,000 to fund an Innovation Urban Farms Project by Colorado Early Colleges-Fort Collins (CEC) (the “Project”); and WHEREAS, CEC is a charter school, and GOCO requires schools to have a local government partner to apply, for School Yard Initiative Grants, sign the GOCO Grant Agreement, and serve as the fiscal agent for the Project; and WHEREAS, the Project would involve CEC constructing outdoor learning space on its property, adjacent to the future extension of the City’s Power Trail, including garden boxes for growing produce, an apple orchard, and mural art on existing concrete walls, to inspire nature- based play and learning; and WHEREAS, the Project supports the goals of the Nature in the City Strategic Plan by providing an opportunity for easy access to nature, and helps the City achieve its strategic goal of providing enhanced opportunities for arts and culture throughout the City: and WHEREAS, as part of its grant application process, GOCO requires that the governing body of any entity applying for grant funds pass a resolution to show that it is aware of and supports the application, and recognizes the obligations the grant creates; and WHEREAS, if the City Council adopts this Resolution, City staff will work with CEC to develop an intergovernmental agreement describing the City’s role and CEC’s obligation to meet the requirements of the GOCO grant; and WHEREAS, the City would not be providing any funds towards the Project; and WHEREAS, should the City receive a GOCO grant for the Project, staff will ask the City Council to authorize the City to enter into an IGA with CEC and a Grant Agreement with GOCO and to appropriate the unanticipated revenues from GOCO for the Project. NOW, THEREFORE, BE IT RESOLVED 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. Packet Pg. 170 -2- Section 2. That the City Council hereby supports the City’s application for a GOCO School Yard Initiative grant in the amount of $110,000 for the Innovation Urban Farms Project on behalf of Colorado Early Colleges – Fort Collins. Section 3. That the City recognizes the obligations associated with a GOCO grant, and if the grant is awarded the City intends to enter into an intergovernmental agreement with Colorado Early Colleges – Fort Collins, subject to City Council approval, to ensure that Colorado Early Colleges – Fort Collins appropriates funds for maintenance of the Project and maintains the Project in a high-quality condition for its useful life, Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 171 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Resolution 2019-005 Appointing Councilmember Ross Cunniff to Serve as the City's Representative on the Poudre Heritage Alliance Board. EXECUTIVE SUMMARY The purpose of this item is to appoint Councilmember Ross Cunniff to the Poudre Heritage Alliance (PHA). STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On December 5, 2018, Councilmember Bob Overbeck provided notice that he had moved into an open seat as an at-large PHA Boardmember and would no longer be the City’s designee. This move was prompted by Councilmember Overbeck’s recent election to the office of Larimer County Assessor. As a result, a new Council representative needs to be appointed. The PHA is focused on providing interpretive and educational programming and media that builds deeper understanding of the Poudre River’s national significance, including its role in influencing water development, water law, and water management. Its mission is to provide current and future generations the opportunity to understand and celebrate the Poudre River National Heritage Area by careful planning and facilitation of educational programs and related amenities in collaboration with residents, private sector and government entities. The PHA Board consists of members representing interests from the City of Fort Collins, Weld County, Larimer County, the City of Greeley, the Town of Windsor, the Town of Timnath, federal and state agencies, agricultural entities, water entities and the public. This Resolution is intended to appoint Councilmember Ross Cunniff as Fort Collins’ representative to serve on the PHA Board. 9 Packet Pg. 172 -1- RESOLUTION 2019-005 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING COUNCILMEMBER ROSS CUNNIFF TO SERVE AS THE CITY’S REPRESENTATIVE ON THE POUDRE HERITAGE ALLIANCE BOARD WHEREAS, the Poudre Heritage Alliance is focused on providing interpretive and educational programming and media that builds deeper understanding of the Poudre River’s national significance; and WHEREAS, the Poudre Heritage Alliance Board consists of members representing interests from the City of Fort Collins, Weld County, Larimer County, the City of Greeley, the Town of Windsor, the Town of Timnath, federal and state agencies, agricultural entities, water entities and the public; WHEREAS, on December 5, 2018, former Councilmember Bob Overbeck provided notice that he had moved into an open seat as an at-large member of the Poudre Heritage Alliance Board and would no longer be the appointed representative for the City of Fort Collins; and WHEREAS, the City Council desires to appoint Councilmember Ross Cunniff to represent the City of Fort Collins by serving on the Poudre Heritage Alliance Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Councilmember Ross Cunniff is hereby appointed to attend and serve as the representative for the City of Fort Collins on the Poudre Heritage Alliance Board. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 173 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 2, 2019 City Council STAFF Christine Macrina, Boards and Commissions Coordinator Carrie M. Daggett, Legal SUBJECT Resolution 2019-006 Making Appointments to Various Boards, Commissions, and Authorities of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint individuals to fill vacancies that currently exist on various City boards, commissions, and authorities due to resignations of board members and vacancies to be created upon the expiration of terms of current members. Applications were solicited during September, October, and November. Council teams interviewed applicants during November and December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution makes 16 appointments to 11 boards and commissions and 2 appointments to one authority to fill vacancies from resignations and expired terms. These terms will begin immediately on January 2, 2019. Names of those individuals recommended to fill vacancies and expired terms have been inserted in the Resolution with the expiration date following the names. ATTACHMENTS 1. Applications (PDF) 10 Packet Pg. 174 APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Art in Public Places Board Name: Gwen Hatchette Mailing Address: Residence: Home Phone: Work Phone: Zip: 80524 Zip: 80524 Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 1 Current Occupation: Artist Employer: privately employed Recent and/or relevant work experience (please include dates) Full time working artist, including teaching and creating art. Recent and/or relevant volunteer experience (please include dates) University Center for the Arts Board Member-- 2017-presentStudio Art Tour--2015,2016Artwear--2017Fort Collins Garden Tour--2015 Are you currently serving on a City board or commission? Yes No If so, which one? Art in Public Places Board Why do you want to become a member of this particular board or commission? I have been a member of the Art in Public Places Board since 2015 and would like to continue for a second term. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I am a current member of the APP Board List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Retired educator, art instructor and a love of art and Fort Collins 10.1 Packet Pg. 175 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) The most urgent issue facing this board is the Broadband taxation issue. We have had much discussion about the importance of continued funding for Art in Public Places and the proper funding of Broadband could allow the city of Fort Collins to acquire a signature art piece that really makes our city stand out. This funding will continue to improve the quality of public art and the acknowledgment that a healthy community includes public art. 2) The second most important issue is educating and engaging the community in Art in Public Places. Fort Collins has many wonderful attributes and the Art in Public Places program makes our city more viable, fun and sophisticated. The involvement of the community members happens in several ways; "all calls" for pianos, utility boxes, stone pavers and larger art pieces are ways for everyone to participate. Watching the creative process provides a dialogue between artists, community members, and government groups. 3) Art in Public Places is very important as our city continues to grow. It adds whimsy to new parks or sidewalks. It adds an element of surprise in alleyways or sides of buildings. It prevents graffiti. It educates the public on water, natural resources or government buildings. It causes people to talk about art, whether it is a beloved piece or something that makes you question the motive. It causes discussion and is important to maintain the high quality life in Fort Collins. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: gwen Hatchette Date: Oct-24-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) friend 10.1 Packet Pg. 176 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Art in Public Places Board Name: Sabrina Davies Mailing Address: 1601 W. Swallow Rd. #6E Zip: 80526 Residence: 305 W Magnolia St #244 Zip: 80521 Home Phone: 970-237-2839 Work Phone: Cell Phone: 970-237-2839 E-Mail Address: sabrinasnote@gmail.com Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 4 Current Occupation: Owner, Hair Stylist Businesd Employer: rockinglocks.com Recent and/or relevant work experience (please include dates) I'm A Creative Hair Stylist. Past: Radio and TV, production, marketing, news and on air. I am an audiobook narrator and producer. Have worked at Xerox in marketing, as an assistant manager of a retail store, finance background as mortgage loan officer and independent bookkeeper for over a decade. I have volunteered for many boards and community events. I was the first ever chair of Santa Barbara's largest non-profit event MDA Black&Blue Ball. 2 years Berett Kohler Authors, BA English UC Recent and/or relevant volunteer experience (please include dates) Secretary, Board of directors Canticle acapella choir, Fighting Back volunteer to fight drug and alcohol in teens, Lemon Festival committee Goleta California, MDA Black & Blue Ball chair 2 years, Art in Public Places for two years, Executive Director Arts Fund Santa Barbara gallery. Are you currently serving on a City board or commission? Yes No If so, which one? Art in Public Places Board Why do you want to become a member of this particular board or commission? I enjoy serving my community and volunteering. The Art in Public Places board is a productive and wonderful place to make a contribution. I get along well with the group and at the same time I'm not afraid to speak up when I feel it is necessary. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: My three years of service on this board have taught me much and I have enjoyed all of our board members. We have a wonderful ability to communicate with one another, challenge each other, find common ground and look out for the interest of a variety List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Photography graphic design having a Keen Eye and ability to communicate with others. Experience with a board. And the less easily definable Talent of taking an either-or situation and turn it in it into an opportunity to view and in an exclusive fashion two different sides of perspective. Extensive work with artists of a variety of mediums and ability to understand 10.1 Packet Pg. 177 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) To continue to communicate effectively with utilities and City advisors regarding broadband and the future of art in public places. 2) To continue to broaden and support a variety of artists keeping the talent pool fresh and supporting those with longevity at the same time. To be a voice for a variety of cultures and create new Visions for art in our city. 3) To effectively communicate the possibility of commercial and private developments on a larger scale as envisioning art in their space. Possibly to create gentle legislation supporting this idea and making it a manageable size request of developers so that future developments on larger scales beautify the city and provide housing and commercial space at the same time. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: N/A Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Misdemeanor 1997 Protest Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Sabrina Davies Date: Sep-28-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Prior board member and initially referred by a city council member. 10.1 Packet Pg. 178 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES. INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT. Fax or email completed documents to cmacrina@fcgov.com or 970.472.3003 If you have questions or need ad additional information, contact: City Clerk’s Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements: # 1 year residency within the Fort Collins Growth Management Area Board or Commission: (Please complete one application for each board or commission membership. You may apply for 2 boards at a time) Name: Mailing Address: Zip: Residence: Zip: (If different than Mailing Address) Home Phone: Work Phone: Cell Phone: E-mail: Have you resided within the Fort Collins Growth Management Area for one year? G Yes G No Which Council District do you live in? Current Occupation: Employer: Prior work experience (please include dates): Volunteer experience (please include dates): Are you currently serving on a City board or commission? G Yes G No If so, which one? Why do you want to become a member of this particular board or commission? Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? G Yes G No If Yes, please share your experience: List any abilities, skills, licenses, certifications, specialized training, or interests you have which are applicable to this board or commission: Building Review Board Timothy Johnson I don't think so at least 2 Director of Risk Management Brinkman Construction Brinkman Construction 2012 - Current Kettelhut Construction 2010-2012 (West Lafayette Indiana) INTECH Construction 2005-2010 (Philadelphia PA) BRB Board 2015 - 2018 Building Review Board I look forward to the opportunity to continue serving on the BRB board as I have appreciated the opportunity to assist the city serving in this function. I've been on the board since 2015 LEED AP OSHA 30 & 10 General Construction Nerd 10.1 Packet Pg. 179 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues face this board or commission, and how do you believe this board or commission should address each issue? (1) (2) (3) Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? G Yes G No If yes, please explain in detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant. Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing my name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: # that I meet the eligibility requirements of the position sought and # that the information provided in this application is true and correct to the best of my knowledge. Signature: (Type your name here) Date Submitted: Optional: How did you learn of a vacancy on this board or commission? G Newspaper G Cable 14 G City News (Utility Bill Insert) G Website Other (please specify) As the city moves towards it's 2030 and 2050 goals for energy efficiency, emissions, etc. the adoption of and then local amendments to upcoming code revisions will be key in that effort along with many of the other efforts the city makes toward prioritizing energy efficiency. This board needs to both support those goals while also bringing the unique perspectives that it's members have to the conversation to ensure that all positions are looked at and voices heard. As the city limits become filled in with the final large plots of land being developed it will be key to keep our eyes on the remodeling contractors that will undoubtedly spring up more and more as home prices continue to rise making remodels more attractive than relocating. This board will be key in supporting the building department with their review of contractor licensing and maintaining the standards necessary to ensure that the residents of Fort Collins have that governmental agency to rely on. The city is headed towards a problem with affordability of housing in many ways. Any way that the BRB can support the city as they look to keep enough staff to support the growth and the citizens as they look to keep making Fort Collins such a great place to live will be key goals for the BRB. 11.6.18 10.1 Packet Pg. 180 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Zip: Board or Commission: Commission on Disability Name: Marilee Boylan Mailing Address: Residence: Home Phone: Work Phone: Zip: Cell Phone: No E-Mail Addres: Have you resided in the Fort Collins Growth Management Area for at least one year? XYes Which Council District do you live in? 5 Current Occupation: Stay at Home Mother Employer: The Arc of Larimer County Recent and/or relevant work experience (please include dates) Poudre School District Occupational Therapist 1999-2014 Executive Director The Arc of Larimer County Dec 2014-2018 Recent and/or relevant volunteer experience (please include dates) 2004-2007 One of the original volunteer founders of the Arc of Larimer County Current: Treasurer Colorado Association of Persons Supporting Employment First Current: State Rehab Council: Employment First Advisory Partnership Are you currently serving on a City board or commission? XYes No If so, which one? Commission on Disability Why do you want to become a member of this particular board or commission? I am a member of The Arc of Larimer County. We serve people with intellectual and developmental disabilities by providing advocacy and education to support them in being fully included in our community. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Current Member List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Occupational Therapist Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area 10.1 Packet Pg. 181 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Transportation/Para Transportation, Evenings, weekends and wider route service areas Accessible bus stops in all weather 2) Employment: 85% of people with I/DD are not employed! 3) Increasing general public awareness, equity. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: none Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Marilee C. Boylan Date: Oct 10, 2018 Expiring membership Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Optional: How did you learn of a vacancy on this board or commission: 10.1 Packet Pg. 182 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Commission on Disability Name: Ashlynn Freestone Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 6 Current Occupation: Box Office Manager Employer: Bohemian Companies Recent and/or relevant work experience (please include dates) Box Office Attendant at the Lincoln Center for the Visual and Performing Arts 2013-2015Program Coordinator at Denver Comic Con 2014-presentVolunteer Engagement Coordinator for Bohemian Nights at NewWestFest Summer 2017Box Office Manager with Bohemian Companies December 2017-present Recent and/or relevant volunteer experience (please include dates) Volunteer at the Colorado Junior Wheelchair Sports Camp every June from 2008-2012 Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? Disability advocacy often be misunderstood and undervalued. My advocacy within the music and special event industries promotes for the societal and institutional changes needed to provide all guests with an equal chance to enjoy life experiences. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Professional ticketing and seating services for patrons, assessing and problem-solving equal sight lines for patrons, conducting large group training on ADA etiquette, troubleshooting hearing device equipment, offering creative and innovative solution's to accessibility as appropriate, and advising on room setups to include current ADA standards. 10.1 Packet Pg. 183 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Acceptance Barriers: Education, compassion, and the willingness to help are essential factors in creating a mutual ground for providing resources and experiences to our disabled citizens. The Commission serves as a proactive resource that nurtures the relationships between our disabled community and other members of the community. 2) Feasibility: Although ADA law provides clear specifics on how to accommodate individuals with disabilities, not all institutions are aware of those parameters and are able to offer reasonable arrangements. It is the Commission's priority to promote the knowledge of and creative thinking needed to balance the ability of an institution to make reasonable accommodations and encourage the desire to go "above and beyond" to close the gap in understanding both regulation and an individual's unique need. 3) Communication: All members of the community should be offered an equal opportunity of experiences. These aspects can include day-to-day mobility, the equal utilization of resources, unhindered interpersonal interactions, and the enjoyment of entertainment. Individual accessibility should be approached in each situation with total understanding and transparent communication. Once accommodations have been appropriately assessed and carried out, the next step is to share these resources with the community, so all goods and services can be used by our disabled citizens. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: There may be a rare occasion where I am unable to attend due to my work's concert schedule; however, my employer has expressed willingness in helping me work around schedule conflicts as they arise. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Ashlynn Freestone Date: May-11-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) I am not aware of a vacancy, I am hoping there is space for me to join. 10.1 Packet Pg. 184 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Cultural Resources Board Name: Will Flowers Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 1 Current Occupation: REALTOR Employer: Windermere Fort Collins Recent and/or relevant work experience (please include dates) I have been involved with theater and various visual arts for many years. I am an avid advocate for local arts/culture, from working on the task force for the initial applications for the DTFCCD, to serving as Vice-Chair of the CuRB for 2 years and Chair for last few months. Recent and/or relevant volunteer experience (please include dates) I am a continuous volunteer at several organizations; MOA Fort Collins, Downtown Fort Collins Creative District, I have worked on the FoCo Creates since it's beginning, I supported the SCFD initiative and volunteered with them. Are you currently serving on a City board or commission? Yes No If so, which one? Cultural Resources Board Why do you want to become a member of this particular board or commission? I have thoroughly enjoyed my time serving on the CuRB, this past term. I am currently the Chair of this board, and have worked hard to keep us on a stable footing moving forward. I really look forward to serving arts & culture in FTC again. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I have been a member of the board for almost 4 years, serving as Vice-Chair for 2 years and Chair for the past several months. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I have been an avid arts & culture advocate for many years. I don't hold any degrees, but I have been part of fund raising, planning, grant writing and so on, for many organizations and events throughout Fort Collins. 10.1 Packet Pg. 185 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Funding: There is a serious need for sustainable funding for local creative organizations. CuRB can help by giving some stability to these groups, helping ease the burden so they can offer higher quality events to the public. As an advisory board to City Council, we can also make suggestions related to how the city can help create and encourage sustainable funding sources for the arts. That is why we are currently working so diligently on the FoCo Creates plan. That was born from our board about 2 years ago. It is one of the things I am most proud of our board for, initiating that process 2) Promotion: The CuRB is charged by the City and in it's mission statement, to promote Fort Collins as a cultural destination. That is something I am serious about, and have worked vigilantly for on the CuRB for the past 4 years. I also think we can do better as a city and board to improve the public understanding of what we do. I have noticed that the board and the city, at times have difficulty defining what the CuRB does. That is a challenge we have mitigated on the board before, and I think may be facing currently. I'm happy to address this as chair. 3) Understanding: This dove-tails with promotion. I think anything we can do to increase the board's understanding of their role in the community, to help council to find clarity on our role and for the public to see the value in the work we do, only serves to help the city at large. We can always do more to increase understanding, and we have done a lot. I am very proud of the work we have done for our grantees, in encouraging and empowering them to create greater understanding in the community, of what they do, what they offer. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I don't have any serious conflicts of interest. I support local arts groups, but always abstain from scoring grants for organizations I also support financially, via donations. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: William Flowers Date: Aug-20-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) I know my term expires at the end of 2018 10.1 Packet Pg. 186 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Housing Authority Name: Cathy Mathis Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 4 Current Occupation: Land Planner Employer: TBGroup Recent and/or relevant work experience (please include dates) Because of my planning background I have worked on the FCHA's development committee. I have also worked on an affordable senior housing project in Fort Collins Recent and/or relevant volunteer experience (please include dates) I am a volunteer for Front Range Community College's Advisory Committee for Drafting and Design. I am a current board member of the Chamber of Commerce and on the Local Legislative Affairs Committee Are you currently serving on a City board or commission? Yes No If so, which one? Housing Authority Why do you want to become a member of this particular board or commission? Not only do I believe in the mission of providing affordable housing, but I also have seen first-hand the work of the FCHA staff.I would like to continue to be a part of the exciting projects that will be occurring in the future Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: The board is highly functional and highly intelligent. Housing Catalyst staff is always very well prepared and professional. The meetings are productive and informative. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: My skills as a land planner are applicable to this board. I also serve on the board's development committee to provide advice and oversight on any rehab or new development projects Housing Catalyst is undertaking. 10.1 Packet Pg. 187 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) The continuing instability of Federal Funding is a BIG issue that FCHA will continue to track, especially when budgeting for the future. The long wait lists to get into the voucher program is a concern. Maintaining the fiscal stability if the organization is important.Perhaps additional lobbying to elected representatives. 2) The FCHA should continue to be proactive in pursuing new partnerships and development opportunities 3) Redtail Ponds Permanent Supportive Housing project will also continue to be challenging. The FCHA staff is very transparent and is doing a wonderful job of keeping the board and other upper-level City staff informed. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: The only thing that would be a conflict of interest is if I would somehow be involved in a FCHA or Villages project as a professional land planner. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Cathy Mathis Date: Oct-02-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) email 10.1 Packet Pg. 188 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Zip: Zip: Cell Phone: Board or Commission: Housing Authority Name: Jake Joseph Mailing Address: Residence: Home Phone: Work Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 1 Current Occupation: Associate Minister/ Clergy Employer: Plymouth Congregational UCC Recent and/or relevant work experience (please include dates) As Plymouth's Associate Minister for Community Engagement, I serve the wider community on boards and in service. Plymouth is a 115 year stakeholder in the Fort Collins community dedicated to working for those experiencing homelessness, those in need of services, and being part of innovative solutions to help with the city's triple bottom line: Environmental, Economic, and Social Sustainability. Recent and/or relevant volunteer experience (please include dates) Having served the past four years on the Housing Catalyst Board of Commissioners and now as vice-chair has offered me a unique education in the area of affordable housing policy, tax credits, and partnering agencies. As a commissioner, I serve nationally as part of the National Housing and Redevelopment Officials Commissioners Committee. I also am local a board member for Habitat for Humanity of Fort Collins and was the last Secretary of the Homelessness Prevention Initiative among Are you currently serving on a City board or commission? Yes No If so, which one? Housing Authority Why do you want to become a member of this particular board or commission? I currently am in the last year of my first term as housing authority commissioner at Housing Catalyst. I am the vice-chairperson and serve on the finance committee. I wish to continue in this work and to support the mission of affordable housing. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Over the past four years, I have missed only a small number of meetings. Each meeting is a rich conversation that impacts the lives of our neighbors and friends in Fort Collins. It is a privilege to attend. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Certified Affordable Housing Commissioner, NAHRO, 2018Certified in Commissioner Ethics for Housing Authorities, NAHRO, 2017In Graduate Certificate in Human Rights, Center for Ethics at Emory University, 2014Conflict Transformation Coursework, Emory University, 2014UCC Boundaries Training, 2015 10.1 Packet Pg. 189 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) The biggest issue facing Housing Catalyst and all affordable housing agencies and partners is the cost of land, the availability of land, and the dramatically increasing costs of doing affordable housing development in Northern Colorado. Affordable Housing and Workforce Housing is essential for a balanced and sustainable city. Housing Catalyst must continue to address these issues, as it already is, by working on innovative partnerships with other non-profit and for-profit partners, supporting and enabling land banking initiatives, & engaging in local, state, and national policy conversation. 2) The second biggest issue that is unique to Housing Catalyst and to other housing authorities enabled under state statute is the administration of HUD programs, the lagging HUD administrative fee compensation, and the unpredictability of federal budgets. Housing Catalyst is working hard and creatively to address this issue in ways unmatched by local and national peers. Housing Catalyst has researched and executed leveraging of existing federal resources into tax credits to make for longterm sustainable affordable housing regardless of what happens in Washington or Denver. We are succeeding. 3) Lastly, the third biggest issue is the competitive marketplace for housing professionals who are familiar with the intricacy and complexity of a housing authority that also does tax credit development. Simply statement: Housing Catalyst's staffing needs are unique. We must remain competitive to retain and attract the best talent. Under current leadership, we have been able to retain some of the best talent in the country. With good planning, training, and board support, Fort Collins should be able to look forward to Housing Catalyst's leadership and excellent staffing for generations to come. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: none Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Jake Miles Joseph Date: Oct-02-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Currently Serving 10.1 Packet Pg. 190 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Human Relations Commission Name: Eva Amason Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 6 Current Occupation: Retired teacher Employer: PSD Recent and/or relevant work experience (please include dates) 1973-79, 1990-2006: Career high school teacher, including 16 years in special education for students with emotional/behavioral disorders 1979-1990: Resort Owner/Operator, Ontario, Canada (2-acre island, Lake of the woods) supervising a staff of Ojibwa (first nation) women Recent and/or relevant volunteer experience (please include dates) 2006: Respite Care volunteer2009-2012: Fort Collins Shambhala Center volunteer participant and volunteer coordinator for training courses in Shambhala Buddhism Last 2 weeks: completed online course hosted by Real Talk: Women of Color & Allies for Racial Justice. It's objective is to teach white women to become allies for women of color, including concerns of intersectionality Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? To ensure that Ft. Collins' marginalized and sometimes invisible citizens have the voice, representation, rights and amenities that I have.To give back to my community of 48 years & offer my skills as a former educator. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Spoke with Julia Mackewich about time commitments for this position.If there is a December board meeting, I will attend. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Written communication skillsM.A. Special Education, emphasis in Severe Affective NeedsReviewing/refreshing conversational Spanish continuouslyExperience as care companion for 4 different senior citizens (ages 80-98) 10.1 Packet Pg. 191 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Sexual harassment, both subtle and overt, of women (and to a lesser degree men) in the workplace, school and community. Address in part by partnering and (continued) educational outreach with employers and educators to build awareness at all levels (yes, it's still lacking), arm young people with knowledge, skills and confidence to combat it. 2) Social, physical, emotional, psychological well-being of growing population of senior citizens addressed by heightening community wide awareness of their presence and needs, facilitating development of opportunities for cross-age group connections and the resultant mutual aid & enrichment that comes from those connections, & education about ageism and its consequences to the community as a whole. 3) Systemic racism, white privilege and white fragility which permeate our society even though Ft. Collins at a glance seems free of racist *individuals* and is filled with good progressive people (like me!) who want equality for all. Address by finding ways to talk about race and systemic racism and deal with our discomfort without expecting people of color to serve us by educating us about it. Teach ourselves to be good ancestors. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Eva Amason Date: Nov-28-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Acquaintance 10.1 Packet Pg. 192 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Zip: Zip: Cell Phone: Board or Commission: Landmark Preservation Commission Name: Meg Dunn Mailing Address: Residence: Home Phone: Work Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 6 Current Occupation: Investigative History Blogger Employer:Scoop Blog Network Recent and/or relevant work experience (please include dates) History blogger at Forgotten Fort Collins (March 2014 - present) and before that an occasional history blogger (and general blogger) on NorthofProspect.com (May 2012 - March 2014). Recent and/or relevant volunteer experience (please include dates) Current Chair of the Landmark Preservation Commission (201702018). Co-founder of POOTH (Protect Our Old Town Homes) (2013-2014), also blogger and social media person for POOTH. Are you currently serving on a City board or commission? Yes No If so, which one? Landmark Preservation Commission Why do you want to become a member of this particular board or commission? I'm reapplying because I want to continue with the work we are doing. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I've been on the board since January 2014. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I'm a writer. I've already written a few posts for Forgotten Fort Collins that highlight the benefits of preservation. I've written 1 that highlighted some of the buildings that the LPC has recommended for landmarking. And I've helped get word out about projects that citizens might be interested in. Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area 10.1 Packet Pg. 193 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) The issue: Fort Collins is growing by leaps and bounds. How do we do that well? How do we encourage sensitive infill that not only adds value to the land they're being built on, but for the surrounding community as well -- especially in our most historic areas? I think the design guidelines for the Old Town Historic District and the River District are already working well to do exactly this. I'd like to see similar guidelines, that reflect the specific characters of different parts of town, be developed to help guide future development. There are several mid-century areas that are reaching the age of interest in terms of preservation. I think there needs to be a focus on those areas next. 2) We have a lot of housing and commercial stock that's moving into the potentially eligible zone in terms of age. How do we make sure that owners have the information they need to make informed decisions about their properties and to take advantage of financial and design options that are available to them? We haven't really addressed this issue much in the past year in the LPC. I think we need to talk a bit more about education and what role the LPC should play in that, how it can be most effectively done, and what our message should be. We have talked a little about using social media to inform residents about what the LPC is doing, but we haven't moved forward on that. 3) It seems like some of the projects that the LPC has seen this year came to us only after getting a lot of other feedback from other departments, citizens, etc. I'd like to see the LPC be included at an earlier stage that has happened with a few of the projects that we've seen this year. I think that will go a long way towards creating discussions between developers and the LPC rather than creating a combative environment. We've talked as a commission a little bit about how to make this happen. I think additional conversation is required and perhaps a little bit more visibility (which could be created through the use of social media as mentioned above, or perhaps through some other means). Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I've talked with the city's legal council regarding the interaction of my blogging and the LPC and he's outlined some parameters which I keep within. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Margaret (Meg) Dunn Date: Oct-02-2018 City Staff Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Optional: How did you learn of a vacancy on this board or commission: 10.1 Packet Pg. 194 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Landmark Preservation Commission Name: Anna Simpkins Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? Current Occupation: Graduate Student Employer: Colorado State University Recent Clemson/and/College or relevant of Charleston work experience (2016). I had (please an internship include with dates) the City I have of Spokane a MS in Historic Preservation Office from (2013). I have worked as an architectural historian in Texas (2016-2017) and as a Planning Technician for the City of Fort Collins (2017-2018). I am currently pursuing an MS in Construction Management at Colorado State, Recent and/or relevant volunteer experience (please include dates) Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I am passionate about protecting local history that provides a sense of place and uniqueness for a community. I have a background in preservation and my current position allows me the flexibility to serve on a board and give back to the community. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I spoke with various LPC members throughout my tenure with the City of Fort Collins during discussions regarding the Downtown and Historic Preservation Code updates process. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I meet the Secretary of the Interior's Historic Preservation Professional Qualification Standards through my education and subsequent work experience. I am personally interested in how and why structural failures occur with historic buildings and how to remedy them. I have completed comprehensive historic property surveys for both the National Park Service and 10.1 Packet Pg. 195 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Fort Collins is facing heavy development pressures and continues to sprawl outward. I believe there is room to retain and respect the historic resources we have and to repurpose and or integrate high-quality new construction that create more unique places throughout the City that make Fort Collins a unique and desirable place to live. I think the LPC is uniquely situated to advocate for historic resources but also interface with the community's focus on sustainability, and the role repurposing buildings plays in sustainability. 2) I think this board is in a unique position to both protect existing resources as well as shaping how the City will continue to grow and develop as it has for over 100 years. I think I can bring a unique perspective by understanding historic preservation goals while also understanding constructibility realties. I think it is essential to embrace and explore creative uses for historic buildings, and I believe this board is well-positioned to help direct how the city is shaped. 3) I think the LPC is often viewed as stifling development and I think bringing in views from how preservation and new development have been successful in working together from other communities can help bridge some of the disconnect between the two camps. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I worked for the City of Fort Collins Planning department from June 2017-August 2018. While this is expressed on my resume and I feel I should make it clear, I do not feel like it will cause any issues and only gave me a better understanding of the LPC's role within with City and within the Development Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Anna Simpkins Date: Dec-14-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) City Employee 10.1 Packet Pg. 196 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Parks and Recreation Board Name: Michael Tupa Mailing Address: Residence: Work Phone: Zip: Zip: Home Phone: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 2 Current Occupation: Landscape Architect Employer: Self-Pridian Design Group Recent and/or relevant work experience (please include dates) Prior work within University of Colorado and Colorado State University rural community technical assistance programs. These programs are funded by DOLA and utilize supervised student interns to assist underserved towns and counties in Colorado by helping them build a vision for possible parks, trails, downtown master plans, community studies, and a wide range of other services. Students (under supervision) prepared concept designs, presented at workshops, and prepared reports and displays. Recent and/or relevant volunteer experience (please include dates) None at this time. Hoping to enter this of public service. Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? As a retired Landscape Architect-Community Development Planner I am looking for additional ways to support the goals and life style of Fort Collins. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: For the most part I have seen little actual review and recommendations from the Commission meetings I've seen. It is possible I need more experience in this topic but am willing to interview board members to gain that understanding. Either way I List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I am a licensed Landscape Architect in Colorado, have training in Main Street Programs from within the Colorado Department of Local Affairs. And I have over 40 years design experience on projects large and small. 10.1 Packet Pg. 197 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Quality Design that is accessible, safe, within a reasonable budget, and represents the character of Fort Collins and the neighborhood. 2) Public Involvement, workshops, presentations of final design, newsletters, and a range of public notification techniques for each project undertaken. Parks and open space is to reflect local input to gain local support (and be useful to the public). The public should see several design options for each project, be able to react and offer suggestions for each of the options and help the designers (city or contract) prepare a final design that suits their needs. 3) Solid technical designs that will turn out quality biddable plans. Whether these plans are City prepared or prepared by a design consultant they should be comprehensive enough to insure a uniform set of bids and minimal conflict on the construction site. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: My office, Pridian Design Group, is mostly not active and not of the size or character to work within the Fort Collins contract service. My design work is mostly for communities in eastern Colorado or with the Universities. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Michael J Tupa Date: Dec-13-2017 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 10.1 Packet Pg. 198 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Parks and Recreation Board Name: Ben Burnham Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 1 Current Occupation: Assistant Director - Facilities/Aqu Employer: Colorado St University Campus Rec Recent and/or relevant work experience (please include dates) The following is all in the field of Campus Recreation: Assistant Director, Facilities and Aquatics at Colorado State University - June 2016 - PresentFacilities Coordinator at Colorado State University - June 2014 - June 2016Facilities Coordinator at University of Missouri - June 2012 - May 2014Assistant Coordinator for Recreation Facilities and Member Services at the University Recent and/or relevant volunteer experience (please include dates) City Works 101 graduate - Spring 2018 City Planning Academy - Fall 2018 Adopt-a-Street - Shields from Mulberry to Prospect with my work department - three times annually from 2014-present Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I have been fortunate enough to get a master's degree in sports administration and currently work as the Assistant Director for Facilities and Aquatics with the Colorado State University Campus Recreation Department. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I have spoken to an FTE who works in the Recreation Department List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: · Certified Pool Operator - June 2016 - Present · Certified Instructor for CPR and AED for the Professional Rescuers and Healthcare Providers, American Red Cross - June 2013 - Present · Creating Inclusive Excellence Program - Colorado State University - Fall 2015 - City Works 101 graduate - Spring 2018- City Planning Academy - Fall 2018 10.1 Packet Pg. 199 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) One overall comment: the web page for this board is not functioning, so it is difficult to get a background on the boards duties. Accessibility and affordability: As with all areas of Fort Collins, I believe that this board should address this issue within parks and recreation. Some ways this can occur are by guiding the impacted departments with the city to always keep cost and accessibility in mind when planning future development. My hope is that the board would guide all recommendations through an inclusive lense. 2) Growth: City Works 101 and the City Planning Academy showed me that Fort Collins will be in a population boom for the foreseeable future. With that boom of both young families and retirees, the city will need to keep an eye to the future when planning new parks and recreation spaces. As a recreation professional, I have been apart of several large scale recreation projects and planning and I think that I could offer guidance based on this work history. I think the board exists to provide guidance where necessary. 3) Diversity in age and thought: It seems that a lot of the involvement in the boards and commissions in Fort Collins comes from retirees or folks that are quite wealthy. My hope as someone in my 30's and very not wealthy is that the board considers all points of view when looking at the future of this great city and that we are assisting with the issues facing parks and recreation from all angles. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None at this time. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Ben Burnham Date: Nov-13-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Staff member in the Recreation Department 10.1 Packet Pg. 200 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Planning and Zoning Board Name: Jeffrey Schneider Mailing Address: Residence: Home Phone: Work Phone: Zip: 80524 Zip: 80524 Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 1 Current Occupation: Construction Company Owner Employer: Armstead Construction, Inc. Recent and/or relevant work experience (please include dates) Own Armstead Construction, Inc (worked since 1991, owned since 1999)Have a FC C & D License (current since 2006 under my name)Have several other licenses around northern colorado (current since 2006 under my name) Recent and/or relevant volunteer experience (please include dates) Current Chair of FC P&Z Board & member for the past 6 yearsCurrently on the Larimer County Board of Adjustments (past 12 years)Currently the 3rd Vice Chair for the Colorado Association of Home Builders (state level)Previously member on FC Building Review Board (6 years before P&Z)Many different roles on the Local Home Builders Association including Chair twice Are you currently serving on a City board or commission? Yes No If so, which one? Planning and Zoning Board Why do you want to become a member of this particular board or commission? I have enjoyed my time serving as Chair of P&Z the last two years and wish to continue. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Currently on the board List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Currently on P&Z along with my past answers 10.1 Packet Pg. 201 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) I still have concerns with the APU process and think we should look at that again with Council 2) Infill projects and having enough public facilities to accommodate them along with their impact 3) Looking at the PUD process and how that will change or affect the existing zone districts or process to change current zoning Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None that I am aware of Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Jeffrey J. Schneider Date: Nov-05-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) I am the vacancy 10.1 Packet Pg. 202 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Senior Advisory Board Name: Myles W. Crane Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 4 Current Occupation: Volunteer in Fort Collins community Employer: Retired Recent and/or relevant work experience (please include dates) Recent and/or relevant volunteer experience (please include dates) Are you currently serving on a City board or commission? Yes No If so, which one? Senior Advisory Board Why do you want to become a member of this particular board or commission? I passionately support the SAB's advisory work for City Council. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Monthly for two years List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Please see attached resume. 10.1 Packet Pg. 203 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Adequate housing for seniors to age in place or otherwise afford to live in Fort Collins. 2) Mobility and access to better transportation options. 3) Health and wellness in our community for growing senior population to remain socially engaged and not isolated. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Myles W. Crane Date: Oct-31-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) I am a current member with expiring term 10.1 Packet Pg. 204 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Senior Advisory Board Name: Nancy Luttropp Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No Which Council District do you live in? District 3 Current Occupation: Retired Employer: Recent and/or relevant work experience (please include dates) Director of Ft.Collins Sen.Ctr. from 78-88 Taught Soc. Wk, gerontology at CSU, Worked as a corporate trainer for Hyatt and other large retirement communities, was the Director of business and aging programs for the American Soc. on Aging. consulted with various large industries on marketing to older adults etc, including Met Life, Walgreens, Edward Jones etc. Recent and/or relevant volunteer experience (please include dates) Volunteer for Friends of the Senior Center,A little Help, Partnership for Age Friendly communities and served on the Senior Advisory Board. AThe dates were 1915-through current time. Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I currently serve three other boards that I provide information to about this board and provide information from the advisory board to them The boards are The Partnership for Age Friendly Communities,A Little Help and the Friends of the Sen. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I have been attending this board for two year. I find it very informative and am charged with passing on what I have learned to the other boards I serve on. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I have worked my entire career in the field of aging. I have taught students, run intern programs, Directed a senior center, trained for some of the largest corporations in the United States providing senior housing. I have consulted both in the and outside of the US. I have worked with large corporations on understanding older adults and products and services they 10.1 Packet Pg. 205 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Housing this seems to be the common denominator on all the boards I serve on. Partnership for Age Friendly Communities is working with developers to make housing more accessible and affordable. The Advisory board and the PAFAFC are both looking at certification programs. A little Help is connecting volnteers with elders to provide the services that will allow them to remain in their homes. 2) TransportationThis issue frequently comes up at the Senior Advisory Board. How an we increase accessibility for senior to enable them to age in place 3) IsolationThe Friends of the Senior center work tirelessly on providing a senior center which concentrates on older adults and provides programs and information that they need to age well. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I cannot think of any Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Nancy Luttropp Date: Oct-17-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Board Meeting 10.1 Packet Pg. 206 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Transportation Board Name: Ellen Boeke Mailing Address: Residence: Home Phone: Work Phone: Zip: 80524 Zip: 80524 Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 6 Current Occupation: Software Developer Employer: Avietech (contract for CSU) Recent and/or relevant work experience (please include dates) I am always interested in finding consensus between people, and I work regularly on active listening. I also believe inresearch and analysis and, with a background in science and engineering, I am no stranger to compiling data and proposingconclusions based on that data. Recent and/or relevant volunteer experience (please include dates) I am an Adopt a Natural Area volunteer (Goose Hollow). Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? I recently moved to Town North because it is walkable with good transportation. I now interact with our community and city infrastructure more intimately and have developed a desire to become more involved with how our city is developing. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I recently completed the City Planning Academy and got to know Nathalie Rachline (member of the Transportation Board) during the class. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: 10.1 Packet Pg. 207 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Traffic congestion: I believe that the answer to easing this is to look at how, why and when people are traveling by car and come up with creative solutions to encourage people to more often opt for public transportation. 2) Bike lane safety: I strongly support adding infrastructure that protects bicycles riding in bike lanes with traffic. I have ridden on W. Laurel and have seen the positive affect of the additional protection given to the bike lane as it nears the intersection with College. I believe that the board should keep recommending greater protections like these as well as investigating what can be done about lanes that exist in the door-zone (e.g. Howes). 3) Speeding (cars): As a person who walks and bicycles on a daily basis, I regularly encounter drivers who drive faster than the speed limit. I believe in the power of infrastructure to influence driver behavior and I believe that the board should continue to look into and recommend traffic calming infrastructure for new and existing roads. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Ellen Boeke Date: Nov-28-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) Nathalie Rachline 10.1 Packet Pg. 208 Attachment: Applications (7512 : BC appts AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Zip: 80525 Board or Commission: Women's Commission Name: Nadine Nehme Mailing Address: Residence: Zip: Home Phone: Work Phone: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 2 Current Occupation: Student Employer: Recent and/or relevant work experience (please include dates) Orientation Leader at Front Range Community College (October 2017 - May 2018) Recent and/or relevant volunteer experience (please include dates) Intern at the Fort Collins office of Congressman Jared Polis (November 2017 - May 2018) Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? As a young Muslim woman who calls Fort Collins home, I've become passionate about empowering women and working towards equal opportunity across all demographics upon becoming more aware of the diverse experiences of the women in my community. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I have considerable communication and problem solving skills. I have done some work in data analysis and research as well. I'm very interested in social justice and advocacy and aim to pursue that through my career. Right now, I'm specifically interested in learning more about social justice among the genders and the relationship between politics, gender, class/status, 10.1 Packet Pg. 209 Attachment: Applications (7512 : BC appts AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) The issue single mothers face when working or continuing their education while raising their children is difficult in Fort Collins when the cost of living is rising exceptionally. Where funding is available, a limited number of women are able to receive support with childcare costs, housing, food, etc but we need to see more of that. This issue is intertwined with affordable housing, education, and domestic abuse and I feel women should be getting more representation in those areas. This can be addressed by building more awareness in the community and taking a seat at the appropriate table(s). 2) A chronic issue is under representation among people of color residing in Fort Collins. Inspired by the mission of Front Range Community College and GARE, I feel it would be important to reach out to local businesses and offer more community resources to foster better understanding and inclusion among different cultures/backgrounds. Muslim women especially tend to be quite misunderstood and, though I want to hear and address the needs of women of all races/religions, I'm particularly interested in working towards better incorporation of Muslim women's voices in the frameworks of women advocacy 3) Mental health is a known issue in Larimer county and can be distinctly harmful to individuals and the overall community. Women across all age groups, more so those in their early 20s, deal with disorders such as depression and anxiety. There are a lot of steps that can be taken to confront this issue. Offering workshops or monthly sessions open to the community to educate girls and young women on mental health awareness and establishing stronger systems of support for those seeking counseling is one idea. But promoting a culture that allows women to safely talk about mental health is crucial. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: I believe compromise can always be made. Have you ever been convicted of a crime (except for minor traffic offenses that resulted only in a fine)? Yes No If yes, please explain in complete detail. State the nature and approximate date of the conviction, the sentence imposed, whether the sentence has been completed, and any other information you consider to be relevant Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Nadine Nehme Date: Jul-26-2018 Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 10.1 Packet Pg. 210 Attachment: Applications (7512 : BC appts AIS) AMENDED January 2, 2019 -1- RESOLUTION 2019-006 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on various boards, commissions, and authorities of the City due to resignations by board members and vacancies will be created due to the expiration of the terms of certain current members; and WHEREAS, the City Council desires to make appointments to fill the vacancies that exist on the various boards, commissions, and authorities. NOW, THEREFORE, BE IT RESOLVED 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 the following named persons are hereby appointed to fill current vacancies on the boards, commissions, and authorities hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Art in Public Places Board Expiration of Term Gwen Hatchette December 31, 2022 Sabrina Davies December 31, 2022 Building Review Board Expiration of Term Tim Johnson December 31, 2021 Commission on Disability Expiration of Term Marilee Boylan December 31, 2022 Ashlynn Freestone December 31, 2022 Cultural Resources Board Expiration of Term Will Flowers December 31, 2022 AMENDED January 2, 2019 -2- Downtown Development Authority Expiration of Term Dwight Hall December 31, 2019 Housing Catalyst Expiration of Term Cathy Mathis December 31, 2023 Jake Joseph December 31, 2023 Human Relations Commission Expiration of Term Eva Amason December 31, 2019 Land Conservations and Stewardship Board Expiration of Term Mike Weber December 31, 2022 Landmark Preservation Commission Expiration of Term Meg Dunn December 31, 2023 Anna Simpkins December 31, 2023 Parks and Recreation Board Expiration of Term Michael Tupa December 31, 2022 Ben Burnham December 31, 2022 Planning and Zoning Board Expiration of Term Jeff Schneider December 31, 2022 AMENDED January 2, 2019 -3- Senior Advisory Board Expiration of Term Myles Crane December 31, 2022 Nancy Luttropp December 31, 2022 Transportation Board Expiration of Term Ellen Boeke December 31, 2020 Women’s Commission Expiration of Term Nadine Nehme December 31, 2022 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of January, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ City Clerk Agenda Item 11 Item # 11 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 Building Code, International Residential Code and Amendment to the Colorado Plumbing Code. EXECUTIVE SUMMARY A. Second 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. (Impact resistance of asphalt shingles found in amendment 64, page 29.) B. Second 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. (Impact resistance of asphalt shingles found in amendment 54, page 34.) C. Second 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. Ordinance No. 149, 2018 was unanimously adopted on First Reading on December 18, 2018. Ordinance Nos. 151 and 174, 2018, were adopted on First Reading on December 18, 2018 by a vote of 5-2 (Nays: Martinez, Summers). The 2018 International Codes (2018 I-Codes) represent the most up-to-date body of codes regulating building construction 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 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. 11 Packet Pg. 214 Agenda Item 11 Item # 11 Page 2 BACKGROUND / DISCUSSION Discussion topic #1: Proposed Changes Related to Plumbing Fixtures During First Reading on December 18, 2018, Council directed staff to request feedback from the other water and sanitation districts within the City regarding the proposed changes related to plumbing fixtures. Staff reached out to Fort Collins-Loveland Water District, South Fort Collins Sanitation District, East Larimer County Water District, and Boxelder Sanitation District to inform them of the proposed changes. Staff received responses and spoke with all entities, none of which have concerns. Proposed Code change lowering the flow rate of some plumbing fixtures listed here: • Showerheads will be lowered from 2.0 gallons per minute (gpm) to 1.8 gpm. • Commercial lavatory faucets will be lowered from 1.5gpm to .5gpm. • Water closet (toilet) flushing performance (MaP score) will rise from 350 to 600 MaP improving flush performance and reducing multiple failed flushes. Fort Collins-Loveland Water District: The District appreciates being made aware of these changes. The water efficiency improvements do not cause concern. Fort Collins-Loveland Water district committed to supporting the City goals wherever they can. South Fort Collins Sanitation District: The water efficiency improvements do not cause concern. South Fort Collins Sanitation District follows the same processes and monitoring procedures to meet state and federal standards as Fort Collins Utilities. East Larimer County Water District: The District appreciated being made aware of these changes and does not have concern. They are already aware of the downward trend in water usage; however, the District does not currently use this level of detailed information in determining the volume of water required for new development. Boxelder Sanitation District: The District is already aware of the trend in reduced flows and has no objection to the additional changes. The District would appreciate the City’s help in furthering education on what is and is not appropriate to flush. Discussion topic #2: Proposed requirement for impact resistance of asphalt shingles The Asphalt Roofing Manufacturers Association has concerns about the proposed local code amendment that would require class 4 impact resistant shingles when that product is used as a roof covering. Goal: Reduce the number of asphalt shingle reroofs and material sent to the landfill by requiring Class 4 Impact Resistant Shingles which provide greater protection against hail events. The following changes are proposed in the: • 2018 International Building Code (IBC), Ordinance No. 149, 2018, amendment 64, page 29. • 2018 International Residential Code (IRC), Ordinance No. 151, 2018, amendment 54, page 34. Code language: • A requirement that all structures choosing to install asphalt shingles will be required to use Class 4 Impact Resistant Shingles, tested in accordance with UL2218 and installed per manufacture’s installation instructions. • A requirement for reroof projects to complete a final construction waste management plan, reporting the amount of waste and disposal facility. 11 Packet Pg. 215 Agenda Item 11 Item # 11 Page 3 Background 1. Construction and demolition material, including asphalt shingles normally accounts for 30% of the volume received by the Larimer County Landfill. According to the Solid Waste Director for Larimer County this number has increased to 50% due to the increase in asphalt shingle disposal from recent hail events. 2. While Asphalt shingles have the possibility to be recycled, there are no facilities in Colorado that recycle them. Existing CDPHE and CDOT regulations limit the amount of shingle recycling that is possible. The City does not accept asphalt shingles at the Hoffman Mill Crushing Facility due to these regulations and concerns of asbestos containing shingles. 3. There are no roof covering materials that are truly "hail-proof'; however, there are products that are Impact Resistant (RI) that provide protection against normal hail events. The building code does not have requirements for impact resistance, but there is a national standard for impact resistance, UL 2218, which has 4 different levels of impact resistance with class 4 being the best. 4. The cost increase for an average size home to install Class 4 shingles is $500 - $1000 or 5%-10% increase over normal shingles. Most home insurance companies provide a discount on insurance rates when Class 4 shingles are used. The typical range for this discount is 10%-30%. 5. In October and November of 2018 Building Services presented these roof shingle concerns to the Building Code Review Committee and while the builders/developers are concerned with the additional upfront cost of Class 4 shingles, they did agree this is a prudent choice for reducing waste and some builders are already installing Class 4 as normal practice. Concerns On December 21, City staff was contacted by Mike Deese from the Asphalt Roofing Manufacturers Association (ARMA) with the following concern: This requirement is discriminatory in that it targets only one category of roofing material and would not apply to metal, tile and shake roofing products. ARMA’s position is that, if there is to be an impact resistance requirement, it should apply equally to all roofing materials. Staff Response: 1. Residentially asphalt shingles comprise the majority of roof covering material in Fort Collins and are creating the most concern for waste generation. 2. Metal and concrete-tile roof material can be recycled at its end of life when reroofs occur and are less of a concern for waste generation. Additionally, staff research concluded that metal and tile roofs have longer advertised life span than normal asphalt shingle roofs and again reducing the concern of waste generation. ATTACHMENTS 1. First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (PDF) 2. Ordinance No. 149, 2018 (IBC) (PDF) 3. Ordinance No. 151, 2018 (IRC) (PDF) 4. Ordinance No. 174, 2018 (Colorado Plumbing Code) (PDF) 11 Packet Pg. 216 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 11.1 Packet Pg. 217 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 218 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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. 11.1 Packet Pg. 219 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 220 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 221 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 222 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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. 11.1 Packet Pg. 223 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 224 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 225 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 11.1 Packet Pg. 226 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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” 11.1 Packet Pg. 227 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 11.1 Packet Pg. 228 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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. 11.1 Packet Pg. 229 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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) 11.1 Packet Pg. 230 Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 1 - ORDINANCE NO. 149, 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 BUILDING CODE AND ADOPTING THE 2018 INTERNATIONAL BUILDING CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align 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 Building 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 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 11.2 Packet Pg. 231 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 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 5-26(a) of the Code of the City of Fort Collins is hereby amended as follows: (a) 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 2015 International Building Code (2015 IBC), and adopts, as the building code of the City, the 2018 International Building Code (2018 IBC) published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein. The subject matter of the codes adopted herein includes comprehensive provisions and standards regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings and structures exclusive of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade and their accessory structures, for the purpose of protecting the public health, safety and general welfare. As provided in the 2018 International Building Code, Appendices are not adopted except as expressly set forth in Section 5-27. Section 3. That Section 5-27 of the Code of the City of Fort Collins is hereby repealed in its entirety and reenacted to read as follows: Sec. 5-27. Amendments and Deletions to 2015 International Building Code. The 2018 INTERNATIONAL BUILDING CODE adopted in Section 5-26 is hereby amended in the following respects: (1) Section 101. Title is hereby retained in its entirety with the following amendments: 101.1. Title. These regulations shall be known as the General Building Code of the City of Fort Collins, hereinafter referred to as ‘this code’. (2) Sections 101.4.1through 101.4.7 Referenced codes, are hereby deleted in their entirety and the following Sections 101.4.1 through 101.4.10 are hereby added in lieu thereof: 11.2 Packet Pg. 232 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 3 - [A] 101.4.1 Gas. The provisions of the International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. [A] 101.4.2 Mechanical. The provisions of the International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy- related systems. [A] 101.4.3 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. [A] 101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. [A] 101.4.5 Fire prevention. The provisions of the International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. [A] 101.4.6 Energy. The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. [A] 101.4.7 Existing buildings. The provisions of the International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.1 Electrical. All references to the Electrical Code shall mean the electrical code currently in effect as enacted and amended from time to time by the State of Colorado. 101.4.2 Gas. All references to the International Fuel Gas Code shall mean the fuel gas code currently in effect as enacted by the City. 101.4.3 Mechanical. All references to the International Mechanical Code shall mean the mechanical code currently in effect as enacted by the City. 11.2 Packet Pg. 233 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 4 - 101.4.4 Plumbing. All references to the International Plumbing Code shall mean the plumbing code currently in effect as enacted and amended form time to time by the State of Colorado. 101.4.5 Property Maintenance. All references to the International Property Maintenance Code shall mean the property maintenance code currently in effect as enacted by the City. 101.4.6 Fire Prevention. All references to the International Fire Code shall mean the fire code currently in effect as enacted by the City. 101.4.7 Energy. All references to the International Energy Conservation Code shall mean the energy code currently in effect as enacted by the City. 101.4.8 Residential. All references to the International Residential Code shall mean the residential code currently in effect as enacted by the City. 101.4.9 Areas prone to flooding. All references to ‘flood hazard’ and ‘areas prone to flooding’ in this code and appendices adopted therewith subject to applicable regulations and requirements set forth in the City Code, “Chapter 10, Flood Prevention and Protection.” 101.4.10 Existing buildings. All references to existing buildings shall be regulated pursuant to the adopted International Property Maintenance Code or the International Existing Building Code currently in effect as enacted by the City. (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 building official. [A] 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see the International Property Maintenance Code. SECTION 103 CODE ADMINISTRATION 11.2 Packet Pg. 234 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 5 - 103.1 Entity charged with code administration. The Community Development and Neighborhood Services Department (CDNS), as established by the City Code, is hereby charged with the administration and enforcement of this code. The building official, appointed by the City Manager, is charged with the direct overall administration and enforcement of this code; and, in the performance of said duties, may delegate the necessary authority to the appropriate technical, administrative, and compliance staff under the supervision the building official. (4) Section 105.2 Work exempt from permit, including provisions under the heading of “Building”, is hereby retained with the following amendments: 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story, detached, accessory structures used as tool and storage sheds, playhouses and similar uses, for lawn and garden equipment storage, tool storage and similar uses, including arbors, pergolas, and similar structures, provided the floor area is not greater than 120 square feet (11.15 m 2 ) or 8 feet (2.438 m) in height measured from grade, do not house flammable liquids in quantities exceeding 10 gallons (38 l) per building and are located at least 3 feet (0.914 m) from an adjoining property line. 2. Fences not over 7 feet (2134 mm) 6 feet (1829 mm) high. 3 Oil derricks 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing low side grade to the top of the wall unless supporting a surcharge or impounding Class I, II or IIIA liquids. The horizontal distance to the next uphill retaining wall shall be at least equal to the total height of the lower retaining wall. 5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Platforms intended for human occupancy or walking, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement window or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 11.2 Packet Pg. 235 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 6 - 9. Prefabricated and portable swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground or wading pools, hot tubs or spas if such structures are supported directly upon grade when the walls of such structure are entirely above grade and if such structures cannot contain water more than 24 inches (610 mm) deep. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Hoop houses constructed with a flexible frame such as PVC tubing used for starting plants. 11. Swings and other playground equipment or play structures accessory to detached one- and two-family dwellings provided the floor area is not greater than 120 square feet (11.15 m 2 ) or 8 feet (2.438 m) in height measured from grade, including one elevated playhouse or play structure per lot designed, and used exclusively for play. Elevated play houses or play structures shall not exceed 64 square feet (5.9 m2) of floor area or 6 feet (1.82 m) in height as measured from the floor to the highest point of such structure. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall, do not require additional support, and do not extend over the public right of way. Window replacement requiring no structural alteration. Window replacement requiring no change in the window configuration which reduces the size of the window clear opening. Storm window, storm door and rain gutter installation, except that structures that are fifty years of age or older must first undergo a historic review pursuant to City Code Chapter 14. 13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. Decks not exceeding 200 square feet (18.58 m2) in area that are not more than 30 inches (762 mm) above grade, are not attached to a building, and do not serve an exit door required by Chapter 10. 15. Roofing repair or replacement work not exceeding one square (100 square feet) of covering per building. 16. Replacement of nonstructural siding when the removal of siding is performed in accordance with State laws regarding asbestos and lead paint, except that structures that are fifty years of age or older must first undergo a historic review pursuant to City Code Chapter 14. 17. Work valued at less than $500 when such work does not involve alteration of structural components, fire-rated assemblies, plumbing, electrical, mechanical or fire- extinguishing systems. 18. Decorative ponds, fountains and pools that cannot contain water more than 24 inches (610 mm) deep. 11.2 Packet Pg. 236 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 7 - (5) Section 105.2 Work exempt from permit, is further amended by deleting all headings and references under Electrical, Gas, Mechanical, and Plumbing in their entirety. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and 11.2 Packet Pg. 237 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 8 - it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.’ (6) A new Section 105.2.1 Emergency Repairs, is hereby deleted in its entirety and the following is hereby added in lieu thereof: 105.2.1 Emergency repairs When the Building Official determines there is an emergency/disaster event that has caused substantial damage to structures within the City, the Building Official can issue a no-fee permit in order to make temporary repairs to a structure to address damages caused by the emergency/disaster event in order to make the structure safe and/or allow occupancy. A temporary permit will last for a period of 180 days, at which time, a regular building permit will need to be obtained to otherwise bring the structure into compliance with this code. The Building Official can extend a temporary permit under this section for good cause. (7) Section 105.3.2 Time limitation of application is hereby retained in its entirety with the following amendments: 105.3.2 Time limitation of application An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 180 days each provided the application has not expired. The extension shall be requested in writing and justifiable cause demonstrated. Applications that have expired for 30 days or more will be considered void. (8) Section 105.5 Expiration is hereby retained in its entirety with the following amendments: Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, provided the permit has not expired for more than 30 days. The extension shall be requested in writing and justifiable cause demonstrated. Both prior to and subsequent to the effective date of this code, any work authorized by a permit regulated by this code or any other building construction code administered by the building official that involves the construction or alteration of an exterior building component, assembly or finish material, such as the foundation, wall and roof framing, 11.2 Packet Pg. 238 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 9 - sheathing, siding, fenestration, and roof covering, shall be fully finished for permanent outdoor exposure within 24 months of the date of the issuance of such permit. (9) Section 106 Floor and Roof Design Loads is hereby deleted in its entirety. SECTION 106 FLOOR AND ROOF DESIGN LOADS [A] 106.1 Live loads posted. In commercial or industrial buildings, for each floor or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. [A] 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. [A] 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. (10) Section 107.3.1 Approval of construction documents is hereby retained in its entirety with the following amendments: 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved in writing or by a stamp, indicating the approved permit number which states “Reviewed for Code Compliance”. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or his or her authorized representative. (11) Section 108 Temporary Structures and Uses is hereby deleted in its entirety. SECTION 108 TEMPORARY STRUCTURES AND USES [A] 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. [A] 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. [A] 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation 11.2 Packet Pg. 239 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 10 - 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] 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. (12) Section 109, FEES, is hereby deleted in its entirety and the following is hereby added in lieu thereof: [A] 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. [A] 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. [A] 109.3 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 building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. [A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees. [A] 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [A] 109.6 Refunds. The building official is authorized to establish a refund policy. SECTION 109 FEES 109.1 Payment of fees. No permit shall be valid until the fees prescribed by the City Manager pursuant to Chapter 7.5, Article I of the City Code, entitled, ‘Administrative Fees’, have been paid, except emergency permits issued pursuant to Section 105.2.1. 11.2 Packet Pg. 240 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 11 - (13) Section 110.3 Required inspections is hereby retained in its entirety with the following amendments: 110.3 Required inspections. The building official or his/her designee, upon notification, shall make the inspections set forth in Sections 110.3.1 through 110.3.11. . . . (14) Section 111.2 Certificate issued is hereby retained in its entirety with the following amendments: 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy may contain contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner’s authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. (15) Section 113, Board of Appeals, is hereby deleted in its entirety and the following is hereby added in lieu thereof: SECTION 113 BOARD OF APPEALS [A] 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. [A] 113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form 11.2 Packet Pg. 241 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 12 - of construction is proposed. The board shall have no authority to waive requirements of this code. [A] 113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. SECTION 113 BOARD OF APPEALS 113.1 General. The Building Review Board (hereafter “Board”) established in Section 2- 117 of the City Code is hereby empowered in accordance with the procedures set forth in this Section and as authorized under Section 2-119 of the City Code to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code; to determine the suitability of alternative materials or alternative methods of construction; and to grant permit extensions and reinstatements as prescribed by Section 105.5. The building official shall serve as the Secretary of the Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing. 113.2 Applications/Hearings. When a building permit applicant or a holder of a building permit desires relief from any decision of the building official related to the enforcement of this code, except as is otherwise limited in Section 113.4, such building permit applicant, building permit holder, or representative thereof may appeal the decision of the building official to the Board, stating that such decision by the building official was based on an erroneous interpretation of the building regulations or that an alternative design, alternative materials and/or the alternative methods of construction proposed by the appellant are equivalent to those prescribed by this code, considering structural strength, effectiveness, fire resistance, durability, safety and any other pertinent factors. The Board shall hear and decide all appeals made to it and shall have the authority to rule in favor of the appellant when the Board determines that the interpretation of the building regulations of the City by the building official was erroneous, or when the Board determines an alternative design, alternative materials and/or the alternative methods proposed by the appellant are equivalent to those prescribed by this code, considering structural strength, effectiveness, fire resistance, durability, safety and any other pertinent factors. The Board shall require that sufficient evidence be submitted to substantiate any claims made regarding the proposed alternative design, alternative materials and/or alternative methods of construction. A quorum of 4 members shall be necessary for any meeting of the Board. 113.3 Fees and Notification. Persons desiring to appeal to the Board any decision of the building official as provided in this Section shall, at the time of filing such appeal, pay to the City a filing fee in the amount of $50. Written notice of hearings shall be given to the Appellant and, with respect to requests for exceptions or variances to Section 1101.1 of this code, to the secretary to the Commission on Disability, at least 4 days prior to the hearing by mailing the same to such party's last known address by regular U.S. mail. 11.2 Packet Pg. 242 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 13 - 113.4 Limitations. The Building Review Board shall have no authority with respect to any of the following functions: 1. The administration of this code except as expressly provided otherwise; 2. Waiving requirements of this code, except as provided in this Section; 3. Modifying the applicable provisions of, or granting variances to, this code, or approving the use of alternative designs, alternative materials and/or alternative methods of construction except as provided for in this Section and based upon a specific appeal from a determination or decision of the building official on an individual case basis; and 4. Modifying, interpreting, or ruling on the applicability or intent of the zoning and land use regulations or other laws of the City except as expressly empowered otherwise. (16) Section 114.4, Violation penalties is retained in its entirety with the following amendments: 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. shall be guilty of a misdemeanor and shall be subject to the penalties and fines specified in Section 1-15 of the City Code, except violations of Chapter 36 of the International Building Code will be civil infractions subject to the penalty provisions of Section 1-15(f) of the City Code. Each day that a violation continues shall be deemed a separate offense. (17) A new Section 114.5 Work commencing before permit issuance, is hereby added to read as follows: 114.5 Work commencing before permit issuance. In addition to the penalties set forth in Section 114.4, any person or firm who, before obtaining the necessary permit(s), commences any construction of, or work on, a building, structure, electrical, gas, mechanical or plumbing system that is not otherwise exempt from obtaining a permit, 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 fine imposed for the preceding violation, whichever is greater, for each such subsequent violation committed within 180 days of a previous violation. Said fines may be appealed to the City Manager, or his or her designee, pursuant to Chapter 2, Article VI of the City Code. (18) Section 202, DEFINITIONS, is hereby amended to modify, or add, in alphabetical order, the following definitions: 11.2 Packet Pg. 243 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 14 - . . . COMMISSIONING. A process to verify and document that the selected building and systems have been designed, installed, and function in accordance with the construction documents, manufacturers’ specifications, and minimum code requirements. . . . DWELLING. A building that contains one or two dwelling units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. DWELLING. A building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation DWELLING UNIT. One or more rooms and a single kitchen and at least 1 bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two- family or multi-family dwelling or mixed-use building. . . . FAMILY. Any number of persons who are all related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and who live together as a single housekeeping unit and share common living, sleeping, cooking and eating facilities. . . . GRADE (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk between the building and the property line or, when the property line is more than 5 feet (1.524 m) from the building, between the building and a line 5 feet (1.524 m) from the building. . . . ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping purposes shall be prima facie evidence that such space or room is a sleeping room. The presence of closets or similar 11.2 Packet Pg. 244 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 15 - storage facilities shall not be considered relevant factors in determining whether or not a room is a sleeping room. . . . TOWNHOUSE. A single-family dwelling unit constructed in a as part of a group of three two or more attached individual dwelling units, in which each unit extends from the foundation to roof and with open space on at least two sides. each of which is separated from the other from the foundation to the roof and is located entirely on a separately recorded and platted parcel of land (site) bounded by property lines, which parcel is deeded exclusively for such single-family dwelling. . . . VOLATILE ORGANIC COMPOUND (VOC): Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. VOCs include a variety of chemicals, some of which may have short-and long-term adverse health effects emitted as gases from certain solids or liquids. . . . . (19) Section 310.4.1 Care facilities within a dwelling is hereby retained in its entirety with the following amendments: 310.4.1 Care facilities within a dwelling. Care facilities for five or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code. provided an automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section P2904 of the International Residential Code. (20) Section 419.1 General is hereby retained in its entirety with the following amendments: 419.1 General. A live/work unit shall comply with Sections 419.1 through 419.9. Exception: Dwelling or sleeping units that include an office that is less than 10 percent 20 percent of the area of the dwelling unit are permitted to be classified as dwelling units with accessory occupancies in accordance with Section 508.2. (21) A new Section 501.3 Premises Identification is hereby added to read as follows: 501.3 Premises Identification During Construction. The approved permit number and street address number shall be displayed and be plainly visible and legible from the public street or road fronting the property on which any building is being constructed or remodeled. 11.2 Packet Pg. 245 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 16 - (22) Section 505.2.1 Area Limitation is hereby retained in its entirety with the addition of a new exception number 4 to read as follows: . . . 4. Within individual dwelling units of Group R occupancies, the maximum aggregate area of a mezzanine may be equal to one-half of the area of the room in which it is located, without being considered an additional story. The mezzanine may be closed to the room in which it is located as long as exits from the mezzanine are in conformance with Chapter 10. (23) Section 705.3 Buildings on the same lot is hereby retained in its entirety with the following amendment adding a third paragraph after the numbered Exceptions, to read as follows: . . . Lines or walls that are established solely to delineate individual portions of a building or of a planned unit development (PUD) need not be considered as property lines for the purposes of this code, provided that such building is entirely located on property which is under common ownership and further provided that required distances, set forth in Section 503.1.2 for assumed property lines between buildings located on the same property, are maintained. (24) Table 707.3.10 Fire areas, is hereby retained in its entirety with the following amendments: Table 707.3.10 FIRE-RESISTANCE RATING REQUIREMENTS FOR FIRE BARRIERS, FIRE WALLS OR HORIZONTAL ASSEMBLIES BETWEEN FIRE AREAS OCCUPANCY GROUP FIRE-RESISTANCE RATING (hours) H-1, H-2 4 1 F-1, H-3, S-1 3 1 11.2 Packet Pg. 246 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 17 - A, B, E, F-2, H-4, H-5, I, M, R, S-2 2 1 U 1 (25) Section 902.1.1 Access is hereby retained in its entirety with the following amendments: 902.1.1 Access. Automatic sprinkler system risers, fire pumps and controllers shall be provided with ready access. Where located in a fire pump room or automatic sprinkler system riser room, the door shall be permitted to be locked provided that the key is available at all times. The door opening width shall be 32” clear or as wide as the largest piece of equipment, whichever is larger. (26) Section 903.2.1.1 Group A-1 is hereby retained in its entirety with the following amendments: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and all stories from the Group A-1 occupancy to and including the levels of the exit discharge serving that occupancy where one of the following conditions exist: 1. The fire area exceeds 12,000 5000 square feet (1115 464.5 m 2 ). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multitheater complex. (27) Section 903.2.1.3 Group A-3 is hereby retained in its entirety with the following amendments: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and all stories from the Group A-3 occupancy to and including the levels of the exit discharge serving that occupancy where one of the following conditions exist: 1. The fire area exceeds 12,000 5000 square feet (1115 464.5 m 2 ). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 11.2 Packet Pg. 247 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 18 - (28) Section 903.2.1.4 Group A-4 is hereby retained in its entirety with the following amendments: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and all stories from the Group A-4 occupancy to and including the levels of the exit discharge serving that occupancy where one of the following conditions exist: 1. The fire area exceeds 12,000 5000 square feet (1115 464.5 m 2 ). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. (29) A new Section 903.2.1.8 Group B is hereby added to read as follows: 903.2.1.8 Group B. An automatic sprinkler system shall be provided for fire areas containing Group B occupancies when the fire area exceeds 5000 square feet (464.5 m 2 ). (30) Section 903.2.3 Group E is hereby retained in its entirety with the following amendments: 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 12,000 5000 square feet (1115 464.5 m 2 ) in area. 2. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. Exception: An automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area where every classroom throughout the building has not fewer than one exterior exit door at ground level. 3. The group E fire area has an occupant load of 300 or more. (31) Section 903.2.4 Group F-1 is hereby retained in its entirety with the following amendments: 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: 1. A Group F-1 fire area exceeds 12,000 5000 square feet (1115 464.5 m 2 ). 11.2 Packet Pg. 248 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 19 - 2. A Group F-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m 2 ). 4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2500 square feet (232 m 2 ). . . . (32) A new Section 903.2.4.2 Group F-2 is hereby added to read as follows: 903.2.4.2 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy where one of the following conditions exists: 1. A Group F-2 fire area exceeds 5000 square feet (464.5 m 2 ). 2. A Group F-2 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-2 fire areas on all floors, including any mezzanines, exceeds 24,000 s quare feet (2230 m2). (33) Section 903.2.6 Group I is hereby retained in its entirety with the following amendments: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system installed in accordance with Section 903.3.1.2 shall be permitted in Group I-1 Condition 1 facilities. 21. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has not fewer than one exterior exit door and the fire area does not exceed 5000 square feet (464.5 m 2 ). 32. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall be installed on the entire floor where care is provided, all floors between the level of care and the level of exit discharge, and all floors below the level of exit discharge other than areas classified as an open parking garage. (34) Section 903.2.7 Group M is hereby retained in its entirety with the following amendments: 11.2 Packet Pg. 249 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 20 - 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 12,000 5000 square feet (1115 464.5 m 2 ). 2. A Group M fire area is located more than three stories above grade plane. 3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m 2 ). 4. A Group M occupancy used for the display and sale of upholstered furniture or mattresses exceeds 5000 square feet (464 m 2 ). . . . (35) Section 903.2.9 Group S-1 is hereby retained in its entirety with the following amendments: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 12,000 5000 square feet (1115 464.5 m 2 ). 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m 2 ). 4. A Group S-1 fire area used for the storage of commercial motor vehicle where the fire area exceeds 5000 square feet (464 m 2 ). 5. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2500 square (232m 2 ). (36) Section 903.2.9.1 Repair Garages is hereby retained in its entirety with the following amendments: 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 10,000 5000 square feet (929 464.5 m 2 ). 11.2 Packet Pg. 250 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 21 - 2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 12,000 5000 square feet (1115 464.5 m 2 ). 3. Buildings with repair garages servicing vehicles parked in basements. 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5000 square feet (464 m 2 ). . . . (37) Section 903.2.10 Group S-2 enclosed parking garages is hereby retained in its entirety with the following amendments: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.6 where either of the following conditions exists: 1. Where the fire area of the enclosed parking garage exceeds 12,000 square feet (1115 m 2 ). 2. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy where one of the following conditions exists: 1. A Group S-2 fire area exceeds 5000 square feet (464.5 m 2 ). 2. A Group S-2 fire area is located more than three stories above grade plane. Exception: Open Parking Garages (38) Section 903.2.11.1.3 Basements is hereby retained in its entirety with the following amendments: 903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, or where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system. (39) Section 903.3.1.2 NFPA 13R sprinkler systems is hereby amended to read as follows 903.3.1.2 NFPA 13R sprinkler systems. Automatic Sprinkler systems in Group R occupancies up to and including four stories in height in buildings not exceeding 60 feet (18 288mm) in height above grade plane shall be permitted to be installed throughout in accordance with NFPA 13R Section 903.3.1.1. 11.2 Packet Pg. 251 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 22 - Exception: NFPA 13R is allowed when the following conditions exist: 1. The building does not contain more than 6 individual dwelling units and the units are separated from each other with a 1 hour fire barrier to roof deck. 2. The building does not contain more than 12 individual dwelling units and is divided into no more than 6 individual dwellings units (complying with number 1 above) by a minimum 2 hour fire barrier. The number of stories of Group R occupancies constructed in accordance with Sections 510.2 and 510.4 of the International Building Code shall be measured from the horizontal assembly creating separate buildings. (40) Section 907.2.10 Single- and multiple-station smoke alarms is hereby retained in its entirety with the following amendment to add a new second paragraph thereto to read as follows: . . . When one or more sleeping rooms are added or created in existing Group R Occupancies, the entire building shall be provided with smoke detectors located and installed as required for new Group R Occupancies as described herein. . . . (41) Section 1009.6 Areas of refuge is hereby retained in its entirety with the following amendments: 1009.6 Areas of refuge Areas of refuge are not required in buildings not more than 4 stories above grade plane. Every required area of refuge shall be accessible from the space it serves by an accessible means of egress. . . . (42) Section 1009.8 Two-way communication is hereby retained in its entirety with the following amendments to Exception #1: . . . Exception: 1. Two-way communication systems are not required at the landing serving each elevator or bank of elevators where the two-way communication system is provided within of buildings not required to provide areas of refuge in accordance with section 1009.6.5. 11.2 Packet Pg. 252 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 23 - . . . (43) Section 1010.1.5 Floor elevation is hereby retained in its entirety with the addition of a new Exception 7 to read as follows: . . . 7. Exterior doors serving individual dwelling units, other than the main entrance door to a dwelling unit, may open at one intervening exterior step that is equally spaced between the interior floor level above and exterior landing below, provided that the step has a minimum tread depth of 12 inches, a maximum riser height of 7 ¾ inches (19.68cm), and a minimum width equal to the door width, and further provided that the door does not swing over the step. (44) Section 1010.1.5 Floor elevation is further amended by the addition of the following paragraph after the Exceptions: . . . All exterior steps, slabs, walks, decks and patios serving as exterior door landings or exterior stairs shall be adequately and permanently secured in place by approved methods to prevent such landings or stairs from being undermined or subject to significant displacement due to improper placement of supporting backfill or due to inadequate anchoring methods. (45) Section 1011.11 Handrails is hereby retained in its entirety with the following amendments: 1011.11 Handrails. Stairways Flights of stairways of more than 1 riser shall have handrails on each side and shall comply with Section 1014. Where glass is used to provide the handrail, the handrail shall also comply with Section 2407. Exceptions: 1. Flights of stairways within dwelling units and spiral stairways are permitted to have a handrail on one side only. 2. Decks, patios and walkways that have a single change in elevation where the landing depth on each side of the change of elevation is greater than what is required for a landing do not require handrails. 3. In Group R-3 occupancies, a change in elevation consisting of a single riser at an entrance or egress door does not require handrails. 4. Changes in room elevations of three or fewer risers within dwelling units and sleeping units in Group R-2 and R-3 do not require handrails. (46) Section 1015.8 Window openings is hereby retained in its entirety with the following amendments to the first paragraph to read as follows: 11.2 Packet Pg. 253 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 24 - 1015.8 Window openings. Windows in Group R-2 and R-3 buildings including dwelling units, where the top of the sill of an operable window opening is located less than 36 inches 24 inches (610 mm) above the finished floor and more than 72 inches (1829 mm) above the finished grade or other surface below on the exterior of the building, shall comply with one of the following: . . . (47) A new Section 1015.9 Below grade openings is hereby added to read as follows: 1015.9 Below grade openings. All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches from the nearest intended walking surface and deeper than 30 inches below the surrounding ground level shall have guards or approved covers for fall protection. (48) Section 1030.1 General is hereby retained in its entirety with the following amendments to Exceptions 1: . . . Exceptions: 1. Basements with a ceiling height of less than 80 inches (2032 mm) 72 inches (1828.8 mm) and do not contain habitable space shall not be required to have emergency escape and rescue openings. . . . 4. Within individual dwelling and sleeping unites in groups R-2 and R-3, where the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 4.1 One means of egress and one emergency escape and rescue opening. 4.2. Two means of egress. (49) A new Section 1030.3.1 Minimum height from floor is hereby added to read as follows: 1030.3.1 Minimum height from floor. Emergency escape and rescue window openings that are located more than 72 inches (1829 mm) above the finished grade shall have a sill height of not less than 24 inches (609 mm) measured from the finished interior side floor. Exception: 11.2 Packet Pg. 254 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 25 - Emergency escape and rescue openings located over a roof surface with a slope of 4:12 or less and extending a minimum of 5 feet horizontally outward from the window. (50) Section 1030.4 Window Wells is hereby retained in its entirety with amendments adding new exceptions to read as follows: . . . Exception: With the window in the full open position, the bottom window well step may encroach a maximum of 12 inches (304 mm) into the minimum horizontal projection, provided the well meets the criteria of 1 and 2 below: 1. The bottom of the well is not less than 36 inches wide (914 mm), centered horizontally on the openable portion of the emergency escape and rescue door or window, and 2. An unobstructed clear horizontal projection of 36 inches (914 mm) is maintained at the centerline of the openable portion of the emergency escape and rescue door or window. (51) A new Section 1030.6 Drainage is hereby added to read as follows: 1030.6 Drainage. All window wells shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section 1805.4.2 or by an approved alternative method. The inlet to the drainage system shall be a minimum of 4 inches (101 mm) below the window sill. Where no drains are required, the window well surface shall be a minimum of 4 inches (101 mm) below the window sill. Exceptions: 1. A drainage system for window wells is not required when the foundation is on well- drained soil or sand-gravel mixture soils as determined by the foundation engineer of record. 2. A drainage system is not required for new window wells on additions to existing dwellings. (52) Section 1102.1 Design is hereby retained in its entirety with the following amendments: 1102.1 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the most recently published edition of ICC A117.1 as referenced by the building official. 11.2 Packet Pg. 255 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 26 - (53) Section 1103.1 Where required is hereby retained in its entirety with the following amendment to add a new second paragraph to read as follows: . . . When the Building Review Board considers granting exceptions or variances either to this chapter pursuant to Section 113 of this code or to Colorado Statutes pursuant to Section 9- 5-102, C.R.S., it shall require the applicant requesting the exception or variance to demonstrate that the application of a particular standard or specification relating to access for persons with disabilities would impose an extraordinary hardship on the subject property. For the purposes of this Section, an extraordinary hardship shall mean a substantial and unusual hardship that is the direct result of unique physical site conditions such as terrain, topography or geology, or that is the direct result of other unique or special conditions encountered on the subject property, but that are not typically encountered elsewhere in the City. Constraints, complications or difficulties that may arise by complying with this chapter and/or with the statutory standards for accessibility but that do not constitute an extraordinary hardship shall not serve to justify the granting of an exception or variance. The granting of a variance under this Section does not relieve the applicant from its obligations under the Americans with Disabilities Act, or any other applicable law or regulation that addresses accessibility. (54) Section 1107.2 Design is hereby retained in its entirety with the following amendment to add a new second and a new third paragraph to read as follows: . . . When any building or buildings, classified as Group R, Division 1 or Group R, Division 2 Occupancy, are constructed as a single building project (or any phase thereof) on any one site, and such building project (or phase) contains one or more accessible dwelling units as required by this chapter or Colorado law, said building project (or phase) shall be constructed such that all such required accessible dwelling units in such building project (or phase) provide the same functional features as are provided in the nonaccessible units in such building project (or phase). Furthermore, all such functional features except dwelling unit bedroom-types shall be provided in the same proportion as in the nonaccessible units. Not less than 50 percent of the required accessible dwelling units shall be constructed with the distribution of accessible dwelling unit bedroom-types being proportionally the same as the distribution of nonaccessible dwelling unit bedroom-types, provided that at least one of each dwelling unit bedroom-type constructed in the building project (or phase) shall be an accessible dwelling unit. For purposes of this Section 1107.2, the following definitions shall apply. Dwelling unit bedroom-type shall mean the number of bedrooms within the dwelling unit. Functional feature shall mean a closet, garage, carport, patio, deck, additional room (such as a bedroom, bathroom, den, storeroom, laundry or similar room) or any other significant feature built at the time of original construction that offers occupants improved convenience or comfort. Aesthetic or decorative features such as colors, architectural 11.2 Packet Pg. 256 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 27 - design elements, trim and finish materials, decorative heating appliances not providing the primary comfort heat source, lighting fixture style, cabinet and hardware style, plumbing fixture style, the type and location of windows and glazed lights, or any similar miscellaneous features shall not be construed as functional features. (55) Table 1107.6.1.1 Accessible Dwelling Units and Sleeping Units is hereby deleted in its entirety and the following Table 1107.6.1.1 is hereby added in lieu thereof: TABLE 1107.6.1.1 ACCESSIBLE DWELLING UNITS AND SLEEPING UNITS Total number of units provided Minimum required number of accessible units without roll-in showers Minimum required number of accessible units with roll-in showersa Total number of required accessible units 1 - 25 1 0 1 26 - 50 21 01 2 51 - 75 32 12 4 76 - 100 43 12 5 101 - 150 5 2 7 151 - 200 6 2 8 201 - 300 7 3 10 301 - 400 8 4 12 401 - 500 9 4 13 501 - 1000 2% of total 1% of total 3% of total Over 1000 20, plus 1 for each 100, or fraction thereof, over 1000 10, plus 1 for each 100, or fraction thereof, over 1000 30, plus 1 for each 100, or fraction thereof, over 1000 a Required roll-in showers shall be a minimum of 36” by 60” interior dimension. (56) A new Section 1107.6.2.1.1 R-2 accessible roll-in showers is added to read as follows: 1107.6.2.1.1 R-2 accessible roll-in showers. All roll-in showers provided in R-2 accessible, type A, or B units, shall provide a minimum interior dimension of 36”x60”. (57) A new Section 1202.4.5 Under below grade floors is hereby added to read as follows: 1202.4.5 Under below grade floors. Mechanical ventilation systems for spaces under below grade floors shall be designed by a professional engineer, addressing moisture controls and by approved methods considering the impact of negative pressures created by exhaust fans, clothes dryers and similar appliances. (58) A new Section 1210 Radon-Resistant Construction is hereby added to read as follows: 1210 – Radon-resistant construction New R-2, R-3, R-4 Occupancies and new I-1 and I- 2 nursing homes shall provide radon reduction systems complying with the 2018 International Residential Code, Appendix F, as amended by the City of Fort Collins. 11.2 Packet Pg. 257 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 28 - (59) A new Section 1404.13.2 Fenestration installation is added to read as follows: . . . 1404.13.2 Fenestration installation. For all new construction and additions, all new fenestration installations shall be in accordance with American Architectural Manufacturers Association (AAMA) Standards/Specifications for Windows, Doors and Skylights and shall be supervised and inspected by an individual certified as an Installation Master by Architectural Testing, Inc. (ATI), or other nationally recognized agency. (60) A new Section 1404.14.1 Vinyl siding quality control is hereby added to read as follows: 1404.14.1 Vinyl siding quality control. Vinyl siding shall be certified and labeled as conforming to the requirements of ASTM D 3679 by an approved quality control agency. (61) A new Section 1404.14.2 Vinyl siding on new buildings is hereby added to read as follows: 1404.14.2 Vinyl siding on new buildings. Vinyl sidings on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. (62) A new Section 1404.18.1 Polypropylene siding on new buildings is hereby added to read as follows: 1404.18.1 Polypropylene siding on new buildings. Polypropylene on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. (63) Section 1502.1 General is hereby retained in its entirety with the following amendments: 1502.1 Roof Drainage General. All buildings shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface at least 5 feet (1524 mm) from foundation walls or to an approved drainage system. Design and installation of roof drainage systems shall comply with Section 1502 and 1503 of this code and Sections 1106 and 1108, as applicable, of and the International Plumbing Code. . . . (64) Section 1504.1.2 Impact resistance of asphalt shingles is added to read as follows: 11.2 Packet Pg. 258 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 29 - 1504.1.2 Impact resistance of asphalt shingles. Asphalt shingles shall be Class 4 impact resistant and be tested in accordance with UL 2218 and installed in accordance with the manufacturer’s installation instructions. (65) Section 1505.1 General is hereby deleted in its entirety and the following is hereby added in lieu thereof: 1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building. 1505.1 New Construction. The roof-covering classification on any new structure regulated by this code shall be Class A. Exceptions: 1. Noncombustible roof coverings as defined in Section 1507.3, 1507.4, 1507.5 may be applied in accordance with the manufacturer's specifications in place of a fire- retardant roofing assembly. 2. Any Class B or Class C roof covering may be applied on any new construction that is added to an existing building classified as a Group R, Division 3 Occupancy, provided the roof extremities of such existing building and new construction are located a minimum distance of 5 feet from the nearest adjacent property line and are a minimum distance of 10 feet from any other building. 3. Skylights and sloped glazing that comply with Chapter 24 or Section 2610. (66) Table 1505.1, Minimum Roof Covering Classifications for Types of Construction, is hereby deleted in its entirety. (67) Section 1507.2.1 Deck requirements is hereby retained in its entirety with the following amendments: 1507.2.1 Deck Requirements. Asphalt shingles shall be fastened to solidly sheathed decks. Gaps in the solidly sheathed or plank decking shall not exceed 1/8 inch. (68) A new Section 1507.2.8.4 Sidewall flashing is hereby added to read as follows: 1507.2.8.4 Sidewall flashing. Flashing against a vertical sidewall shall be by the step- flashing method. The flashing shall be a minimum of 4 inches (102 mm) high and 4 inches 11.2 Packet Pg. 259 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 30 - (102 mm) wide. At the end of the vertical sidewall the step flashing shall be turned out in a manner that directs water away from the wall and onto the roof and/or gutter. Exception: Re-roofing where step flashing would require removal of siding material, provided adequate flashing is installed. (69) Section 1511.1 General is hereby retained in its entirety with the following amendment adding two paragraphs at the end after the Exceptions, to read as follows: . . . No portion of an existing nonrated roof covering may be permanently replaced or covered with more than one square of nonrated roof covering. Any existing roof covering system may be replaced with a roof covering of the same materials and classification, provided the replacement roof covering has a minimum rating of Class C. (70) A new Section 1608.2.1 Roof snow load, is hereby added to read as follows; 1608.2.1 Roof Snow Loads. Roof snow loads shall be a minimum of 30 psf. (71) Section 1609.3 Basic design wind speed is hereby deleted in its entirety and the following is hereby added in lieu thereof: 1609.3 Basic design wind speed. The basic design wind speed, V, in mph, for the determination of the wind loads shall be determined by Figures 1609.3(1) through (8). The basic design wind speed, V, for use in the design of Risk Category II buildings and structures shall be obtained from Figures 1609.3(1) and 1609.3(5). The basic design wind speed, V, for use in the design of Risk Category III and IV buildings and structures shall be obtained from Figure 1609.3(2) and 1609.3(6). The basic design wind speed, V, for use in the design of Risk Category IV buildings and structures shall be obtained from Figures 1609.3(3) and 1609.3(7). The basic design wind speed, V, for Use in the design of Risk Category I buildings and structures shall be obtained from Figures 1609.3(4) and 1609.3(8). The basic design wind speed, V, for the special wind regions indicated near mountainous terrarin and near gorges shall be in accordance with local jurisdiction requirements. The basic design wind speeds, V, determined by the local jurisdiction shall be in accordance with Chapter 26 of ASCE 7. In nonhurricane-prone regions, when the basic design wind speed, V, is estimated from regional climatic data, the basic design wind speed, V, shall be determined in accordance with Section 26 of ASCE 7. 1609.3 Basic wind speed. The Basic Design Wind Speed, V, in mph, for the determination of the wind loads shall be 140 miles per hour (Ultimate) for Risk Category II, 130 miles 11.2 Packet Pg. 260 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 31 - per hour (Ultimate) for Risk Category I, 150 miles per hour (Ultimate) for Risk Category III & IV or shall comply with the Colorado Front Range Gust Map – ASCE 7-10 Compatible, published by the Structural Engineers Association of Colorado (dated November 18, 2013). (72) Section 1705.5.2 Metal-plate-connected wood trusses is hereby retained in its entirety with the following amendments: 1705.5.2 Metal-plate-connected wood trusses. Special inspections of wood trusses with overall heights of 60 inches (1542 mm) or greater shall be performed to verify that the installation of the permanent individual truss member resistant/bracing has been installed in accordance with the approved truss submitted package. For wood trusses with a clear span of 60 feet (18 288 mm) or greater, the special inspector shall verify during construction that the temporary installation restraint/bracing is installed in accordance with the approved truss submittal package. (73) A new Section 1804.4.1 Final Grading is hereby added to read as follows: 1804.4.1 Final Grading. Final grading adjacent to the foundation and above utility trenches shall be compacted sufficiently and in such a manner that it is not undermined or subject to significant settlement or displacement due to improper placement of backfill. (74) Section 2406.4.7 Glazing adjacent to the bottom stair landing is hereby retained in its entirety with the following amendments: 2406.4.7 Glazing adjacent to the bottom stairway landings. Glazing adjacent to the stair landings at the bottom of a stairway where the glazing is less than 60 36 inches (1524 914 mm) above the landing and within a 60-inches (1524 mm) horizontal arc that is less than 180 degrees (3.14 rad) from the horizontally of the top or bottom tread nosing shall be considered a hazardous location. Exception: The Gglazing that is protected by a guard complying with Sections 1015 1013 and 1607.8 where the plane of the glass is greater more than 18 inches (457 mm) from the guard. (75) A new Section 2902.1.4 Touch-free toilet facilities is hereby added to read as follows: 2902.1.4 Touch-free toilet facilities. Toilet facilities installed for occupancies associated with food preparation or food service to the public shall be provided with: 1. Automatic touch-free water control valves on lavatories. 2. Automatic touch-free paper towel dispensers. 11.2 Packet Pg. 261 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 32 - 3. Toilet facilities exit doors that allow exiting without requiring touching by hand of any door hardware such as knobs, levers, sliding bolts, latches and similar devices. Exception: Toilet facilities designed as a single occupant use may be provided with exit door locking hardware to afford privacy, doors may swing inward or outward. (76) Section 2902.2 Separate facilities is hereby retained in its entirety with the following amendments: 2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 30 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less. 4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 100 or fewer. 5. Multiple single-user Unisex facilities may be used provided that the total fixture count as calculated per 2902.1 is satisfied. (77) Section 2902.3.1 Access is hereby retained in its entirety with the following amendments: 2902.3.1 Access. The route to the public toilet facilities required by Section 2902.3 shall not pass through kitchens, storage rooms, closets, or spaces used for similar purposes. A clearly signed unobstructed access path shall be provided, leading directly from the public customer area to the toilet facilities. Access to the required facilities shall be from within the building or from the exterior of the building. Routes shall comply with the accessibility requirements section of this code. The public shall have access to the required toilet facilities at all times that the building is occupied and without the need to ask for permission to use the toilet facilities. (78) A new Chapter 36 Sustainable Building Construction Practices is hereby added to read as follows: Chapter 36 Sustainable Building Construction Practices 3601 General 11.2 Packet Pg. 262 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 33 - 3601.1 Scope. The provisions of this chapter shall govern sustainable building construction practices for new construction and additions and remodels over 5,000 square feet that require a building permit, unless otherwise noted. 3602 Resource Efficiency 3602.1 Construction waste management. For remodels and additions over 2,500 square feet, and for all new buildings, a construction waste management plan acceptable to the building official is required at the time of application for a building permit. The construction waste management plan shall be implemented and conspicuously posted on the construction site. All concrete, asphalt, masonry, wood, metals and cardboard shall be recycled. Compliance shall be certified by inspection and documentation and signed final construction waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. All roofing permits are required to submit a final waste management plan and documentation. 3602.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be processed in such a way as to safely remove all asbestos and lead paint contaminants. For all demolitions, excluding non-structural demolitions under 1000 sq.ft. a demolition waste management plan acceptable to the building official is required at the time of application for a demolition permit. All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled, and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood, shall be recycled. Compliance shall be certified by inspection, documentation, and signed final demolition waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. 3602.1.2 Recycle chute. New buildings provided with trash chutes or existing buildings renovated that add a new trash chute shall provide an additional equivalent chute adjacent to the trash chute for the purpose of recycling. Separate bins shall be provided in the termination room to prevent recycled items from entering the trash bin. Chutes must be appropriately labeled “Landfill” and “Recycle”. 3603 Indoor Environmental Quality (IEQ) 3603.1 Indoor Air Quality (IAQ) 3603.1.1 Heating, Ventilating, and Air Conditioning Design. Prior to and during construction, reasonable efforts shall be made to minimize the release of particulates and accumulation of debris, and the specific requirements of this Section shall apply. 3603.1.1.1 Air handling system access. The arrangement and location of air handling system components including, but not limited to, air handler units, fans, coils and condensate pans, shall allow access for cleaning and repair of the air handling surfaces of such components. Piping, conduits, and other building components shall not be located so as to obstruct the required access. 11.2 Packet Pg. 263 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 34 - 3603.1.1.2 Durability of air handling surfaces. Surfaces exposed to airflow within air handling systems shall be constructed of materials that are resistant to deterioration and will not break away, crack, peel, flake off, or show evidence of delamination or continued erosion when tested in accordance with the erosion test in UL 181. 3603.1.1.3 Airstream surfaces. Materials exposed to airflow within ducts, within air plenums, or on top of suspended ceilings, shall not break away, crack, peel, flake off, or show evidence of delamination or continued erosion when tested in accordance with the erosion test in UL 181. 3603.1.2 New Building and first time completed tenant finish spaces pollutant flush- out. After all interior finishes are installed, the building or space shall be flushed out by ventilating at a minimum rate of 0.30 cfm per ft 2 of outside air or the design outdoor airflow rate determined from the IMC, whichever is greater, for at least 14 days while maintaining an internal temperature of at least 60°F, and relative humidity not higher than 60 percent. Occupancy shall be permitted to start 1 day after start of the flush-out, provided that flush- out continues for the full 14 days. The building or space shall not be “baked out” by increasing the temperature of the space above the occupied set point. Exception: All residential buildings. 3603.2 Low-volatile organic compound (VOC) materials. All construction materials, including but not limited to floor coverings and site-applied finishes, including sealants and adhesives, resilient flooring, carpeting and pad, site-applied paints, stains and varnishes, structural wood panels, hardwood veneer plywood, particle board and fiber board building products, and insulation shall meet specified volatile organic compound (VOC) emissions limits in accordance with relevant standards California Department of Public Health (CDPH) 01350; GREENGUARD Environmental Institute GGPS.001 standard for building materials and finishes, and Green Seal® standards. Documentation demonstrating compliance shall be required with delivery of such materials and shall be available for inspection. Exception: For alterations to existing buildings, carpeting and pad, structural wood panels, hardwood, veneer plywood, particle board and fiber board building products and insulation are not subject to this requirement. 3603.3 Acoustical control. Minimum requirements for exterior-to-interior sound transmission, interior sound transmission, and background sound levels in new construction and additions, except as noted hereunder, shall be provided as specified herein. 3603.3.1 Sound transmission. Buildings and tenant spaces shall comply with the following sound transmission requirements: Exceptions: 11.2 Packet Pg. 264 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 35 - 1. Portions of buildings or structures that have the interior environment open to the exterior environment. 2. Concession stands and toilet facilities in Group A-4 and A-5 occupancies. 3603.3.1.1 Exterior sound transmission. Where a Group A1, A3, E and I occupancy building, a Group B occupancy building used for educational purposes, or a Group R occupancy building is constructed at a location listed herein, the wall assemblies making up the building thermal envelope or professional analysis of effected walls shall have a composite sound transmission class (STCc) rating of 39 or greater in the following locations: 1. within 500 feet (152 m) of a multi-lane highway designed for high-speed travel by large numbers of vehicles, and having no traffic lights, stop signs, or other regulations requiring vehicles to stop; fire stations; heavy industrial or manufacturing areas or facilities; commercial storage facilities with back-up alarms; outdoor music amphitheaters; or sports arena or stadium; 2. within 250 feet (76 m) of a roadway containing 4 or more traffic lanes; or 3. within 1,000 feet (305 m) of an active railway. 3603.3.1.2 Interior sound transmission. Interior wall and floor/ceiling assemblies, separating interior rooms and spaces shall be designed in accordance with the following requirements: 1. Wall and floor-ceiling assemblies separating adjacent tenant spaces, tenant spaces and public places, hotel rooms, motel rooms, patient rooms in nursing homes and hospitals, and adjoining classrooms shall have a composite STC rating of 50 or greater. 2. Wall and floor-ceiling assemblies separating classrooms from rest rooms and showers shall have a composite STC rating of 53 or greater. 3. Wall and floor-ceiling assemblies separating classrooms from music rooms, mechanical rooms, cafeterias, gymnasiums, and indoor swimming pools shall have a composite STC rating of 60 or greater. Exception: Residential Group R occupancies addressed in Section 1207 of this code. 3603.3.1.4 Outdoor Environmental Quality (OEQ) 3603.3.1.4 Exterior lighting. All building mounted exterior lighting fixtures associated with new buildings shall have the “Fixture Seal of Approval” from the International Dark- 11.2 Packet Pg. 265 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 36 - Sky Association (IDA) or, meet equivalent criteria approved by the Building Official. Lighting placement shall conform to IDA Model Lighting Ordinance for Lighting Zone LZ-1. Light shall be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. Exterior lighting associated with existing buildings shall comply with the Land Use Code as adopted. 3604 Commissioning, Operations & Maintenance 3604.1 Building commissioning. For new completed and fully occupied buildings or first time completed tenant finish spaces both with a gross floor area of greater than 15,000 ft 2 (1,395 m 2 ) and additions with a gross floor area of greater than 15,000 ft 2 (1,395 m 2 ), commissioning shall be performed in accordance with this Section. A commissioning process shall be incorporated into the design and construction of the building project that verifies that the delivered building and its components, assemblies, and systems comply with the documented owner project requirements (OPR). Procedures, documentation, tools and training shall be provided to the building operating staff to sustain features of the building assemblies and systems for the service life of the building. This material shall be assembled and organized into a systems manual that provides necessary information to the building operating staff to operate and maintain all commissioned systems identified with the building project. The owner shall retain the system manual and final commissioning report described below. The final commissioning report shall be made available to the building official upon request. The following commissioning activities shall be completed prior to approval: 1. The owner shall designate an approved project commissioning authority (CxA) to lead, review, and oversee completion of the commissioning process activities. 2. The owner, in conjunction with the design team as necessary, shall develop the owner’s project requirements (OPR) to guide the CxA. The OPR shall be distributed to all parties participating in the project programming, design, construction, and operations, and the commissioning team members. 3. The design team shall develop the basis of design (BOD). 4. The CxA shall: a. review the both the OPR and BOD for clarity and completeness, b. incorporate construction phase commissioning requirements into project specifications and other construction documents developed by the design team, c. develop and implement a commissioning plan containing all required forms and procedures for the complete testing of all equipment, systems, and controls included in Section 3604.1.1, d. verify the installation and performance of the systems to be commissioned, e. complete a final commissioning report satisfactory to the building official, 11.2 Packet Pg. 266 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 37 - f. verify the owner requirements for training operating personnel and building occupants are completed, and g. verify that a system manual in a form satisfactory to the building official has been prepared. At a minimum, the system manual shall include operations and maintenance documentation and full warranty information and shall provide operating staff the information needed to understand and operate the commissioned systems as designed. Core and shell buildings or spaces not completed shall be commissioned to the extent possible but not less than completing items 1, 2, and 3 in Section 3604.1.1 below. 3604.1.1 Systems. The following systems, if included in the building project, shall be commissioned: 1. heating, ventilating, air-conditioning, indoor-air-quality, and refrigeration systems and associated controls; 2. building thermal envelope systems, components, and assemblies to verify thermal, air, and moisture integrity; 3. all lighting controls and shading controls; 4. service water heating systems; 5. renewable energy systems; 6. background sound levels; 7. cooling towers water use. Section 3605 Electrical Vehicle Ready. All new buildings that provide on-site parking, 5 percent of total parking spaces shall provide an empty conduit of 3/4 inch minimum, installed from the building electrical panel board to a junction box or capped pipe in a readily accessible location near/at the parking space, capable of supporting a 50 ampere 208/220 volt outlet. 3606 Plumbing Fixture Flow Rate. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings must comply with Table 604.4 found in City Code Section 5-126. (79) Appendix C GROUP U AGRICULTURAL BUILDINGS is adopted in its entirety. (80) Appendix E SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS, is adopted in its entirety. 11.2 Packet Pg. 267 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 38 - (81) Appendix I PATIO COVERS is adopted in its entirety. Section 4. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 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 11.2 Packet Pg. 268 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 39 - Passed and adopted on final reading on the 2nd day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 11.2 Packet Pg. 269 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) - 40 - NOTICE OF PUBLIC HEARING NOTICE is hereby given of a public hearing to be held before the City Council of the City of Fort Collins, Colorado, on the 4th day of December, A.D., 2018 at 6:00 p.m., or as soon thereafter as the matter may come on for hearing, in the Council Chambers at the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado for the purpose of considering the adoption of ordinances adopting by reference the 2018 International Building Code, 2018 International Residential Code, 2018 International Energy Conservation Code, 2018 International Mechanical Code, and the 2018 International Fuel Gas Code, 2018 International Existing Building Code, and the 2018 International Pool and Spa Code, together with local amendments, promulgated by the International Code Council. Not less than one (1) copy of said Codes has been, and now is on file in the Office of the City Clerk of the City of Fort Collins and is available for public inspection. The purpose of the International Building Code, International Residential Code, International Energy Conservation Code, International Mechanical Code, the International Fuel Gas Code, 2018 International Existing Building Code, and the 2018 International Pool and Spa Code adopted by said ordinance is to provide for protection of public health and safety and general welfare. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. This notice is given and published by order of the City of Fort Collins, Colorado. Dated at Fort Collins, Colorado this 18th day of November, A.D. 2018. Delynn Coldiron City Clerk 11.2 Packet Pg. 270 Attachment: Ordinance No. 149, 2018 (IBC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 1 ORDINANCE NO. 151, 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 RESIDENTIAL CODE AND ADOPTING THE 2018 INTERNATIONAL RESIDENTIAL CODE, WITH AMENDMENTS WHEREAS, since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times; and WHEREAS, upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align 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 Residential 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 Residential 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 11.3 Packet Pg. 271 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 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 5-26(d) of the Code of the City of Fort Collins is hereby amended to read as follows: (d) 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 2015 Edition of the International Residential Code, and adopts, as the residential building code of the City, the 2018 International Residential Code published by the International Code Council, as amended by the City, which shall have the same force and effect as though set forth in full herein. The subject matter of the International Residential Code adopted herein includes comprehensive provisions and standards for the protection of the public health and safety by prescribing regulations governing the construction, alteration, enlargement, relocation, replacement, repair, equipment, use and occupancy, location, removal and demolition of, and its applicability is hereby limited to, individual nonattached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade in height with a separate means of egress, and their accessory structures. As provided in the 2018 International Residential Code, Appendices are not adopted except as expressly set forth in Section 5-30. Section 3. That Section 5-30 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec. 5-30 Amendments and deletions to code. The 2018 INTERNATIONAL RESIDENTIAL CODE adopted herein is hereby amended in the following respects: (1) Section R101.1 Title, is hereby retained in its entirety with the following amendments: R101.1 Title. These provisions shall be known as the Residential Code for One- and Two- family Dwellings of the City of Fort Collins and shall be cited as such and will be referred to herein as “this code.” (2) Section R102.4 Referenced codes and standards, is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 272 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 3 R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Section 101.4, entitled ‘Referenced Codes’ of the adopted International Building Code and shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply. (3) Section R103 Department of Building Safety, is hereby deleted in its entirety and the following is hereby added in lieu thereof: SECTION R103 DEPARTMENT OF BUILDING SAFETY R103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official. R103.2 Appointment. The building official shall be appointed by the jurisdiction. R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. R103 Code Administration. R103.1 Entity charged with code administration shall be as determined in accordance with Section 103, entitled ‘Code Administration’ of the adopted International Building Code. (4) Section R105.2 Work exempt from permit, is hereby retained in its entirety with the following amendments: . . . Building: 1. One-story, detached, accessory structures for lawn and garden equipment storage, tool storage and similar uses, as well as arbors, pergolas, and similar structures, provided the floor area does not exceed 200 square feet (18.58 m2) 120 square feet (11.15 m 2 ) or 8 feet (2.438 m) in height, do not house flammable liquids in quantities exceeding 10 gallons (38 l) per building and are located at least 3 feet (0.914 m) from an adjoining property line. 2. Fences not over 7 feet (2134 mm) 6 feet (1829 mm) high. 11.3 Packet Pg. 273 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 4 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing low side grade to the top of the wall, provided the horizontal distance to the next uphill retaining wall is at least equal to the total height of the lower retaining wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 5. Platforms intended for human occupancy or walking, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and are not part of an accessible route. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated and portable swimming pools that are less than 24 inches (610 mm) deep. or wading pools, hot tubs or spas supported directly upon grade when the walls are entirely above grade and which cannot contain water more than 24 inches (610 mm) deep. 8. Swings and other playground equipment, or play house/structure not exceeding 120 square feet. One elevated play house or play structure per lot designed and used exclusively for play. Elevated play houses or play structures shall not exceed 64 square feet (5.9 m2) of floor area nor 6 feet (1.82 m) in height measured from the floor to the highest point of such structure. 9. Window awnings supported by an exterior wall that which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support and do not extend over the public right of way. Window replacement requiring no structural alteration or no change in the window configuration which reduces the clear opening, storm window, storm door and rain gutter installation, except that structures that are fifty years of age or older must undergo a historic review pursuant to City Code Chapter 14. 10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. 11. Roofing repair or replacement work not exceeding one square (100 square feet) of covering per building. 12. Replacement of nonstructural siding, when removal of siding is performed in accordance with State laws regarding asbestos and lead paint, except that structures 11.3 Packet Pg. 274 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 5 that are fifty years of age or older must undergo a historic review pursuant to City Code Chapter 14. 13. Work valued at less than $500 when such work does not involve alteration of structural components, fire-rated assemblies, plumbing, electrical, mechanical or fire-extinguishing systems. 14. Decorative ponds, fountains and pools that cannot contain water more than 24 inches (610 mm) deep. 15. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Hoop houses constructed with a flexible frame such as PVC tubing used for starting plants. Electrical: 1. Listed cord-and-plug connected temporary decorative lighting. 2. Reinstallation of attachment plug receptacles but not the outlets therefor. 3. Replacement of branch circuit overcurrent devices of the required capacity in the same location. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 11.3 Packet Pg. 275 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 6 4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less. 8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing : 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. (5) Section R105.3.2 Time limitation of application, is hereby retained in its entirety with the following amendments: R105.3.2 Time limitation of application An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each provided the application has not expired. The extension shall be requested in writing and justifiable cause demonstrated. Applications that have expired for 30 days or more will be considered void. (6) Section R105.5 Expiration, is hereby retained in its entirety with the following amendments: Section R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 11.3 Packet Pg. 276 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 7 Both prior to and subsequent to the effective date of this code, any work authorized by a permit regulated by this code or any other building construction code administered by the building official that involves the construction or alteration of an exterior building component, assembly or finish material, such as the foundation, wall and roof framing, sheathing, siding, fenestration, and roof covering, shall be fully finished and completed for permanent outdoor exposure within 24 months of date of this issuance of such permit. (7) A new Section R105.10 Premises identification, is hereby added to read as follows: R105.10 Premises identification during construction. The approved permit number and street address number shall be displayed and be plainly visible and legible from the public street or road fronting the property on which any new building is being constructed. (8) A new Section R105.11 Transfer of permits, is hereby added to read as follows: R105.11 Transfer of permits. A current valid building permit may be transferred from one party to another upon written application to the building official showing both parties consent to the transfer. When any changes are made to the original plans and specifications that substantially differ from the plans submitted with the permit, as determined by the building official, a new plan review fee shall be paid as calculated in accordance with Section R108. A fee of $50 shall be paid to cover administrative costs for all building permit transfers. No change shall be made in the expiration date of the original permit. (9) Section R106.1.4 Information for construction in flood hazard areas, is hereby deleted in its entirety and the following is hereby added in lieu thereof: R106.1.4 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2(1), construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate; 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO Zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade; 3. The elevation of the bottom of the lowest horizontal structural member in coastal high- hazard areas (V Zone) and in Coastal A Zones where such zones are delineated on flood hazard maps identified in Table R301.2(1) or otherwise delineated by the jurisdiction. 4. If design flood elevations are not included on the community’s Flood Insurance Rate Map (FIRM), the building official and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. 11.3 Packet Pg. 277 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 8 R106.1.4 Information for construction in flood hazard areas. For buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted as established in accordance with the City Code, Chapter 10, entitled ‘Flood Prevention and Protection’. (10) A new Section R106.1.5 Grading performance plans and certificate, is hereby added to read as follows: R106.1.5 Grading performance plans and certificate. Every building permit application for a new building regulated by this code shall be accompanied by a site drainage/grading performance plan as prescribed by City standards. Drainage plans shall be submitted to and approved by the City’s Storm Drainage department prior to the issuance of the permit. (11) Section R106.3.1 Approval of construction documents, is hereby retained in its entirety with the following amendments: R106.3.1 Approval of construction documents. Where the building official issues a permit, the construction documents shall be approved in writing or by a stamp indicating the approved permit number.that states “REVIEWED FOR CODE COMPLIANCE.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. (12) Section R107, Temporary Structures and Uses, is deleted in its entirety. SECTION R107 TEMPORARY STRUCTURES AND USES R107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. R107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. R107.3 Temporary power. The building 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. R107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. 11.3 Packet Pg. 278 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 9 (13) Section R108, Fees, is hereby deleted in its entirety and the following is hereby added in lieu thereof: SECTION R108 FEES R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor. R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R108.5 Refunds. The building official is authorized to establish a refund policy. R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees. R108 Fees R108.1 Payment of fees. No permit shall be valid until the fees prescribed by the City Manager pursuant to Chapter 7.5, Article I of the City Code, entitled, ‘Administrative Fees’, have been paid, except emergency permits issued pursuant to Section 105.2.1 of the International Building Code. (14) A new Section R109.1.7 Site Survey required, is hereby added to read as follows: R109.1.7 Site survey required. A survey or improvement location certificate of the site on which a new building or addition is to be constructed may be required by the building official to verify that the structure is located in accordance with the approved plans and any other regulations of the City. (15) A new Section R110.2 Change in use, is hereby amended to read as follows: 11.3 Packet Pg. 279 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 10 R110.2 Change in use. Changes in the character, or use, or occupancy of an existing structure shall not be made except as specified in Sections 407 and 408 of the International Building Code when approved by the building official and the structure is in conformance with this code and the International Building Code, as amended by the City. (16) Section R112, Board of Appeals, is hereby deleted in its entirety and the following is hereby added in lieu thereof: SECTION R112 BOARD OF APPEALS R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no 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 building official. R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code. R112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass judgement on matters pertaining to building construction and are not employees of the jurisdiction. R112.4 Administration. The building official shall take immediate action in accordance with the decision of the board. R112 Board of Appeals R112.1 General. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to applicable provisions as set forth in Section 113, entitled ‘Board of Appeals’ of the International Building Code, as amended by the City. (17) Section R113.4 Violation penalties, is hereby retained in its entirety with the following amendments: R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, 11.3 Packet Pg. 280 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 11 shall be subject to penalties as prescribed by law. shall be guilty of a misdemeanor subject to the penalties and fines pursuant to Section 1-15 of the City Code, except violations of Section R328 of the International Residential Code will be a civil infraction subject to the penalty provisions of Section 1-15(f) of the City Code. Each day that a violation continues shall be deemed a separate offense. (18) A new Section R113.5 Work commencing before permit issuance, is hereby added to read as follows: R113.5 Work commencing before permit issuance. In addition to penalties set forth in R113.4, any person or firm who, before obtaining the necessary permit(s), commences any construction of, or work on, a building, structure, electrical, gas, mechanical or plumbing system that is not otherwise exempted from obtaining a permit, shall be subject to a processing and penalty fee in addition to the standard prescribed permit fee. Such additional fee shall be equal to the permit fee, except that such fee shall not be less than $50 nor more than $1,000 for the first such violation. A person or firm committing such violation repeatedly is subject to processing and penalty fees equal to double the amount of the permit fee or double the amount of the preceding violation, whichever is greater, for every same such subsequent violation committed thereafter within any 180-day period. The foregoing fees may be appealed to the City Manager pursuant to Chapter 2, Article VI of the City Code. (19) Section R202 Definitions, is hereby amended to delete, modify, or add, in alphabetical order, the following definitions: … BASEMENT. A story that is not a story above grade plane. (see “Story above grade plane”). That portion of a building located partly or completely below grade, wherein the underside of the floor system immediately above is 72 inches (1829 mm) or more above the surface of an approved permanent basement floor system. … CITY. The municipal corporation of Fort Collins, Colorado, including its physical location and boundaries. … CRAWLSPACE. That portion of a building that is conditioned or non-conditioned space located partly or completely below grade (excluding the under-floor space beneath below- grade structural floor systems), wherein the underside of the adjacent finished floor above is less than 72 inches (1829 mm) above the bottom surface of such crawlspace. … DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. Shall mean a building used exclusively for residential 11.3 Packet Pg. 281 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 12 occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings. The term dwelling shall not include hotels, motels, homeless shelters, seasonal overflow shelters tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Shall mean one or more rooms and a single kitchen and at least 1 bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two- family or multi-family dwelling or mixed-use building. … FAMILY shall mean any individual living alone or any number of persons who are all related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, and who live together as a single housekeeping unit and share common living, sleeping, cooking and eating facilities. … FLOOR AREA. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. … GRADE The finished ground level adjoining the building at all exterior walls. (ADJACENT GROUND ELEVATION). The lowest point of elevation of the finished surface of the ground, paving or sidewalk, deck or platform with the area between the building and the property line or, when the property line is more than 5 feet (1.524 m) from the building, between the building and a line 5 feet (1.524 m) from the building. … ROOM, SLEEPING (BEDROOM). A habitable space within a dwelling or other housing unit designed primarily for the purpose of sleeping. The presence of a bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping purposes is indicia for determining that such space or room qualifies as a sleeping room. The presence of closets and similar storage facilities is not considered a relevant factor in determining whether or not a room is a sleeping room. … SITE. A parcel of land bounded by a property line or a designated portion of a public right-of-way. … 11.3 Packet Pg. 282 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 13 TOWNHOUSE: A single-family dwelling unit constructed in a group of three two or more attached individual units in which each unit extends from foundation to roof and with a yard or public way on at least two sides., each of which is separated from the other from the foundation to the roof and is located entirely on a separately recorded and platted parcel of land (site) bounded by property lines that is deeded exclusively for such single-family dwelling. … (20) Section 301.1.3 Engineered design, is hereby retained in its entirety with the following amendments: R301.1.3 Engineered design. When a building of otherwise conventional light-frame construction contains structural elements exceeding the limits of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance with accepted engineering practice. The extent of such design need only demonstrate compliance of nonconventional elements with other applicable provisions and shall be compatible with the performance of the conventional framed system. Engineered design, in accordance with the International Building Code, as amended by the City, is permitted for all buildings, structures, and parts portions thereof, included in the scope of this code. (21) Section R301.2, Climatic and geographic design criteria and Table R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA are hereby deleted in its entirety and the following is hereby added in lieu thereof: Climate and geographic design criteria. Buildings shall be constructed in accordance with the provisions of this code as limited by the provisions of this section. Additional criteria shall be established by the local jurisdiction and set forth in Table R03.2(1). TABLE 301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOADo W I N D D E S I G N SEISMI C DESIG N CATEG ORYf SUBJECT TO DAMAGE FROM WIN TE R DE SIG N TE MPe ICE BARRIER UNDERLAY MENT REQUIRED h FLO 14 e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. [Also see Figure R301.2(1).] f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).” j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).” k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table. l. In accordance with Figure R301.2(5)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(6). \\ (22) Section R302.2 Townhouses is hereby retained in its entirety with the following amendments: R302.2 Townhouses shall be provided with a fire-suppression system in accordance with section P2904 of this code, NFPA 13D, or other approved equivalent sprinkler system. 11.3 Packet Pg. 284 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 15 Walls separating townhouse units shall be constructed in accordance with section R302.2.1 or R302.2.2. (23) Section R302.2.3 Continuity is hereby retained in its entirety with the following amendments: R302.2.3 Continuity. The fire-resistance-rated common wall or assembly separating townhouses along property lines shall be continuous from the foundation to the underside of the roof sheathing, deck or slab. The fire-resistance rating shall extend the full length of the wall or assembly, including wall extensions through and separating attached and/or enclosed accessory structures or spaces. The fire-resistance-rating shall be maintained within concealed spaces of projecting elements such as, roof overhangs, canopies, marquees and similar projections. The fire- resistant rated adjoining walls shall extend to the outer edge of horizontal projecting elements such as balconies which extend more than 24 inches beyond the exterior wall. (24) Section R302.3 Two-family dwellings is hereby retained in its entirety with the following amendments: R302.3 Two-family dwellings. Two-family dwellings shall be provided with a fire- suppression system as per P2904 at a minimum. Dwelling units in two-family dwellings shall be separated from each other by wall and/or floor assemblies having not less than a one-hour fire-resistance rating when tested in accordance with ASTME 119, or UL 263 or Section 703.3. Fire-resistance-rated floor/-ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing. Exceptions: 1. A fire-resistance rating of ½ hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13. 2. Wall assemblies need not extend through attic spaces when the ceiling is protected by not less than 5/8-inch (15.9 mm) Type X gypsum board and an attic draft stop constructed as specified in Section R302.12.1 is provided above and along the wall assembly separating the dwellings. The structural framing supporting the ceiling shall also be protected by not less than 1/2-inch (12.7 mm) gypsum board or equivalent. (25) Section R308.4.7 Glazing adjacent to the bottom stair landing is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 285 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 16 R308.4.7 Glazing adjacent to the bottom stair landings. Glazing adjacent to the stair landings at the bottom of a stairway where the glazing is less than 36 inches (914 mm) above the landing and within a 60 inch (1524 mm) horizontal arc less than 180 degrees (3.14 rad) from the of the top or bottom tread nosing shall be considered a hazardous location. (See Figure R308.4.7.) Exception: Where tThe glazing is protected by a guard complying with Section R312 and the plane of the glass is more than 18 inches (457 mm) from the guard. . . . (26) Section R310.1 Emergency escape and rescue opening required is hereby retained in its entirety with the following amendments: R310.1 Emergency escape and rescue opening required Basements, habitable attics, habitable lofts and mezzanines, and every sleeping room, shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a public way. Exception: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m 2 ). 2. Where the dwelling or townhouse is equipped with an automatic sprinkler system installed in accordance with section P2904, sleeping rooms in basements shall not be required to have emergency escape and rescue openings provided that the basement has one of the following: 2.1 One means of egress complying with Section R311 and one emergency escape and rescue opening. 2.2 Two means of egress complying with section R311. (27) Section R310.1.1 Operational constraints and opening control devices is hereby retained in its entirety with the following amendments: Section R310.1.1 Operational constraints and opening control devices. Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys, tools or special knowledge. Window opening control devices on windows serving as a required emergency escape and rescue opening shall comply with ASTM F2090. (28) Section R310.2.2 Window sill height is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 286 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 17 R310.2.2 Window sill height Where a window is provided as the emergency escape and rescue opening, it shall have a sill height of not more than 44 inches (1118 mm) above the floor; where the sill height is below grade, it shall be provided with a window well in accordance with Section R310.2.3. Emergency escape and rescue window openings that are located more than 72 inches (1829 mm) above the finished grade shall have a sill height of not less than 24 inches (609 mm) measured from the finished interior side floor. (29) Section R311.7.1 Width is hereby retained in its entirety with the following amendments: R311.7.1 Width. Stairways shall be not less than 36 inches (914 mm) in clear width at all points above the permitted handrail height and below the required headroom height. The clear width of stairways at and below the handrail height, including treads and landings, shall be not less than 311/2 inches (787 mm) where a handrail is installed on one side and 27 inches (698 mm) where handrails are installed on both sides. Exception: The width of spiral stairways installed as part of an individual dwelling unit shall be in accordance with Section R311.7.10.1. (30) Section R311.7.5.1 Risers is hereby retained in its entirety with the following amendments: R311.7.5.1 Risers. The riser height shall be not more than 7 3/4 inches (196 mm). The minimum riser height shall be not less than 4 inches (102 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. At oOpen risers, are permitted provided that the openings located more than 30 inches (762 mm), as measured vertically, to the floor or grade below shall do not permit the passage of a 4-inch-diameter (102 mm) sphere. Exceptions: 1. The opening between adjacent treads is not limited on spiral stairways. 2. The riser height of spiral stairways shall be in accordance with Section R311.7.10.1. (31) Section R313.2 One- and two-family dwellings automatic fire systems is hereby retained in its entirety with the following amendments: R313.2 One- and Two-family dwellings automatic fire systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. 11.3 Packet Pg. 287 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 18 (32) Section R314.2.2 Alterations, repairs and additions, is hereby retained in its entirety with the following amendments: R314.2.2 Alterations, repairs and additions. Where alterations, repairs or additions requiring a permit occur, the individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings Exceptions: 1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section. (33) Section R314.4 Interconnection is hereby retained in its entirety with the following amendments: R314.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with Section R314.3, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space, or basement available to could provide access for interconnection without the removal if interior finishes. (34) Section R315.2.2 Alterations, repairs and additions, is hereby retained in its entirety with the following amendments: R315.2.2 Alterations, repairs and additions. Where alterations, repairs or additions requiring a permit occur, or where one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be equipped with carbon monoxide alarms located as required for new dwellings. Exceptions: 1. Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck. 2. Installation, alteration or repairs of plumbing or mechanical systems. 11.3 Packet Pg. 288 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 19 (35) Section R320.1 Scope, is hereby retained in its entirety with the following amendments: R320.1 Scope. Where there are four or more dwelling units or sleeping units constructed in a single structure, the applicable provisions of Colorado Revised Statutes §9-5-101 et. seq., and the provisions of Chapter 11 of the adopted International Building Code for Group R-3 shall apply. Nothing in this Section abrogates or otherwise affects an owner’s duties or responsibilities under the Americans with Disabilities Act or any other federal law or regulation regarding accessibility. (36) Section R322 Flood-resistant construction is hereby deleted in its entirety and the following is hereby added in lieu thereof: R322.1 General. Buildings and structures constructed in whole or in part in flood hazard areas, including A or V Zones and Coastal A Zones, as established in Table R301.2(1), and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the provisions contained in this section. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24. R322.1.1 Alternative provisions. As an alternative to the requirements in Section R322, ASCE 24 is permitted subject to the limitations of this code and the limitations therein. R322.1.2 Structural systems. Structural systems of buildings and structures shall be designed, connected and anchored to resist flotation, collapse or permanent lateral movement due to structural loads and stresses from flooding equal to the design flood elevation. R322.1.3 Flood-resistant construction. Buildings and structures erected in areas prone to flooding shall be constructed by methods and practices that minimize flood damage. R322.1.4 Establishing the design flood elevation. The design flood elevation shall be used to define flood hazard areas. At a minimum, the design flood elevation shall be the higher of the following: 1. The base flood elevation at the depth of peak elevation of flooding, including wave height, that has a 1 percent (100-year flood) or greater chance of being equaled or exceeded in any given year. 2. The elevation of the design flood associated with the area designated on a flood hazard map adopted by the community, or otherwise legally designated. 11.3 Packet Pg. 289 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 20 R322.1.4.1 Determination of design flood elevations. If design flood elevations are not specified, the building official is authorized to require the applicant to comply with either of the following: 1. Obtain and reasonably use data available from a federal, state or other source. 2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering practices used to define special flood hazard areas. Determinations shall be undertaken by a registered design professional who shall document that the technical methods used reflect currently accepted engineering practice. Studies, analyses and computations shall be submitted in sufficient detail to allow thorough review and approval. R322.1.4.2 Determination of impacts. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall demonstrate that the effect of the proposed buildings and structures on design flood elevations, including fill, when combined with other existing and anticipated flood hazard area encroachments, will not increase the design flood elevation more than 1 foot (305 mm) at any point within the jurisdiction. R322.1.5 Lowest floor. The lowest floor shall be the lowest floor of the lowest enclosed area, including basement, and excluding any unfinished flood-resistant enclosure that is useable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the building or structure in violation of this section. R322.1.6 Protection of mechanical, plumbing and electrical systems. Electrical systems, equipment and components; heating, ventilating, air conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall be located at or above the elevation required in Section R322.2 or R322.3. If replaced as part of a substantial improvement, electrical systems, equipment and components; heating, ventilating, air conditioning and plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall meet the requirements of this section. Systems, fixtures, and equipment and components shall not be mounted on or penetrate through walls intended to break away under flood loads. Exception: Locating electrical systems, equipment and components; heating, ventilating, air conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment is permitted below the elevation required in Section R322.2 or R322.3 provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation in accordance with ASCE 24. Electrical wiring systems are permitted to be located below the required elevation provided that they conform to the provisions of the electrical part of this code for wet locations. 11.3 Packet Pg. 290 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 21 R322.1.7 Protection of water supply and sanitary sewage systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems in accordance with the plumbing provisions of this code. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from systems into floodwaters in accordance with the plumbing provisions of this code and Chapter 3 of the International Private Sewage Disposal Code. R322.1.8 Flood-resistant materials. Building materials and installation methods used for flooring and interior and exterior walls and wall coverings below the elevation required in Section R322.2 or R322.3 shall be flood damage-resistant materials that conform to the provisions of FEMA TB-2. R322.1.9 Manufactured homes. The bottom of the frame of new and replacement manufactured homes on foundations that conform to the requirements of Section R322.2 or R322.3, as applicable, shall be elevated to or above the elevations specified in Section R322.2 (flood hazard areas including A Zones) or R322.3 in coastal high-hazard areas (V Zones and Coastal A Zones). The anchor and tie-down requirements of the applicable state or federal requirements shall apply. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with ASCE 24. R322.1.10 As-built elevation documentation. A registered design professional shall prepare and seal documentation of the elevations specified in Section R322.2 or R322.3. R322.2 Flood hazard areas (including A Zones). Areas that have been determined to be prone to flooding and that are not subject to high- velocity wave action shall be designated as flood hazard areas. Flood hazard areas that have been delineated as subject to wave heights between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise designated by the jurisdiction shall be designated as Coastal A Zones and are subject to the requirements of Section R322.3. Buildings and structures constructed in whole or in part in flood hazard areas shall be designed and constructed in accordance with Sections R322.2.1 through R322.2.3. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas, including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or the design flood elevation, whichever is higher. 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height of above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus 1 11.3 Packet Pg. 291 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 22 foot (305 mm), or not less than 3 feet (15 mm) if a depth number is not specified. 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus 1 foot (305 mm), or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section R322.2.2. R322.2.2 Enclosed area below design flood elevation. Enclosed areas, including crawl spaces, that are below the design flood elevation shall: 1. Be used solely for parking of vehicles, building access or storage. 2. Be provided with flood openings that meet the following criteria and are installed in accordance with Section R322.2.2.1: 2.1.The total net area of nonengineered openings shall be not less than 1 square inch (645 mm 2 ) for each square foot (0.093 m 2 ) of enclosed area where the enclosed area is measured on the exterior of the enclosure walls, or the openings shall be designed as engineered openings and the construction documents shall include a statement by a registered design professional that the design of the openings will provide for equalization of hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters as specified in Section 2.7.2.2 of ASCE 24. 2.2. Openings shall be not less than 3 inches (76 mm) in any direction in the plane of the wall. 2.3 The presence of louvers, blades, screens and faceplates or other covers and devices shall allow the automatic flow of floodwater into and out of the enclosed areas and shall be accounted for in determination of the net open area. R322.2.2.1 Installation of openings. The walls of enclosed areas shall have openings installed such that: 1. There shall be not less than two openings on different sides of each enclosed area; if a building has more than one enclosed area below the design flood elevation, each area shall have openings. 2. The bottom of each opening shall be not more than 1 foot (305 mm) above the higher of the final interior grade or floor and the finished exterior grade immediately under each opening. 11.3 Packet Pg. 292 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 23 3. Openings shall be permitted to be installed in doors and windows; doors and windows without installed openings do not meet the requirements of this section. R322.2.3 Foundation design and construction. Foundation walls for buildings and structures erected in flood hazard areas shall meet the requirements of Chapter 4. Exception: Unless designed in accordance with Section R404: 1. The unsupported height of 6-inch (152 mm) plain masonry walls shall be not more than 3 feet (914 mm). 2. The unsupported height of 8-inch (203 mm) plain masonry walls shall be not more than 4 feet (1219 mm). 3. The unsupported height of 8-inch (203 mm) reinforced masonry walls shall be not more than 8 feet (2438 mm). For the purpose of this exception, unsupported height is the distance from the finished grade of the under-floor space to the top of the wall. R322.2.4 Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Above-ground tanks shall be installed at or above the elevation required in Section R322.2.1 or shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. R322.3 Coastal high-hazard areas (including V Zones and Coastal A Zones, where designated). Areas that have been determined to be subject to wave heights in excess of 3 feet (914 mm) or subject to high-velocity wave action or wave-induced erosion shall be designated as coastal high-hazard areas. Flood hazard areas that have been designated as subject to wave heights between 11/2 feet (457 mm) and 3 feet (914 mm) or otherwise designated by the jurisdiction shall be designated as Coastal A Zones. Buildings and structures constructed in whole or in part in coastal high-hazard areas and coastal A Zones, where designated, shall be designed and constructed in accordance with Sections R322.3.1 through R322.3.10. R322.3.1 Location and site preparation. 1. New buildings and buildings that are determined to be substantially improved pursuant to Section R105.3.1.1 shall be located landward of the reach of mean high tide. 2. For any alteration of sand dunes and mangrove stands, the building official shall require submission of an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage. 11.3 Packet Pg. 293 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 24 R322.3.2 Elevation requirements. 1. Buildings and structures erected within coastal high-hazard areas and Coastal A Zones, shall be elevated so that the bottom of the lowest horizontal structural members supporting the lowest floor, with the exception of piling, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus 1 foot (305 mm) or the design flood elevation, whichever is higher. 2. Basement floors that are below grade on all sides are prohibited. 3. The use of fill for structural support is prohibited. 4. Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways. 5. Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5. R322.3.3 Foundations. Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be supported on pilings or columns and shall be adequately anchored to such pilings or columns. The space below the elevated building shall be either free of obstruction or, if enclosed with walls, the walls shall meet the requirements of Section R322.3.5. Pilings shall have adequate soil penetrations to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be those associated with the design flood. Wind-loading values shall be those required by this code. Pile embedment shall include consideration of decreased resistance capacity caused by scour of soil strata surrounding the piling. Pile systems design and installation shall be certified in accordance with Section R322.3.9. Spread footing, mat, raft or other foundations that support columns shall not be permitted where soil investigations that are required in accordance with Section R401.4 indicate that soil material under the spread footing, mat, raft or other foundation is subject to scour or erosion from wave-velocity flow conditions. If permitted, spread footing, mat, raft or other foundations that support columns shall be designed in accordance with ASCE 24. Exception: In Coastal A Zones, stem wall foundations supporting a floor system above and backfilled with soil or gravel to the underside of the floor system shall be permitted provided the foundations are designed to account for wave action, debris impact, erosion and local scour. Where soils are susceptible to erosion and local scour, stem wall foundations shall have deep footings to account for the loss of soil. R322.3.4 Concrete slabs. Concrete slabs used for parking, floors of enclosures, landings, decks, walkways, patios and similar uses that are located beneath structures, or slabs that are located such that if undermined or displaced during base flood conditions could cause 11.3 Packet Pg. 294 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 25 structural damage to the building foundation, shall be designed and constructed in accordance with one of the following: 1. To be structurally independent of the foundation system of the structure, to not transfer flood loads to the main structure, and to be frangible and break away under flood conditions prior to base flood conditions. Slabs shall be a maximum of 4 inches (102 mm) thick, shall not have turned-down edges, shall not contain reinforcing, shall have isolation joints at pilings and columns, and shall have control or construction joints in both directions spaced not more than 4 feet (1219 mm) apart. 2. To be self-supporting, structural slabs capable of remaining intact and functional under base flood conditions, including erosion and local scour, and the main structure shall be capable of resisting any added flood loads and effects of local scour caused by the presence of the slabs. R322.3.5 Walls below design flood elevation. Walls and partitions are permitted below the elevated floor, provided that such walls and partitions are not part of the structural support of the building or structure and: 1. Electrical, mechanical and plumbing system components are not to be mounted on or penetrate through walls that are designed to break away under flood loads; and 2. Are constructed with insect screening or open lattice; or 3. Are designed to break away or collapse without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Such walls, framing and connections shall have a resistance of not less than 10 (479 Pa) and not more than 20 pounds per square foot (958 Pa) as determined using allowable stress design; or 4. Where wind loading values of this code exceed 20 pounds per square foot (958 Pa), as determined using allowable stress design, the construction documents shall include documentation prepared and sealed by a registered design professional that: 4.1. The walls and partitions below the design flood elevation have been designed to collapse from a water load less than that which would occur during the base flood. 4.2. The elevated portion of the building and supporting foundation system have been designed to withstand the effects of wind and flood loads acting simultaneously on structural and nonstructural building components. Water- loading values used shall be those associated with the design flood. Wind- loading values shall be those required by this code. 5. Walls intended to break away under flood loads as specified in Item 3 or 4 have flood openings that meet the criteria in Section R322.2.2, Item 2. R322.3.6 Enclosed areas below design flood elevation. 11.3 Packet Pg. 295 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 26 Enclosed areas below the design flood elevation shall be used solely for parking of vehicles, building access or storage. R322.3.6.1 Protection of building envelope. An exterior door that meets the requirements of Section R609 shall be installed at the top of stairs that provide access to the building and that are enclosed with walls designed to break away in accordance with Section R322.3.5. R322.3.7 Stairways and ramps. Stairways and ramps that are located below the lowest floor elevations specified in Section R322.3.2 shall comply with one or more of the following: 1. Be designed and constructed with open or partially open risers and guards. 2. Stairways and ramps not part of the required means of egress shall be designed and constructed to break away during design flood conditions without causing damage to the building or structure, including foundation. 3. Be retractable, or able to be raised to or above the lowest floor elevation, provided that the ability to be retracted or raised prior to the onset of flooding is not contrary to the means of egress requirements of the code. 4. Be designed and constructed to resist flood loads and minimize transfer of flood loads to the building or structure, including foundation. Areas below stairways and ramps shall not be enclosed with walls below the design flood elevation unless such walls are constructed in accordance with Section R322.3.5. R322.3.8 Decks and porches. Attached decks and porches shall meet the elevation requirements of Section R322.3.2 and shall either meet the foundation requirements of this section or shall be cantilevered from or knee braced to the building or structure. Self- supporting decks and porches that are below the elevation required in Section R322.3.2 shall not be enclosed by solid, rigid walls, including walls designed to break away. Self- supporting decks and porches shall be designed and constructed to remain in place during base flood conditions or shall be frangible and break away under base flood conditions. R322.3.9 Construction documents. The construction documents shall include documentation that is prepared and sealed by a registered design professional that the design and methods of construction to be used meet the applicable criteria of this section. R322.3.10 Tanks. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement under conditions of the base flood. Above-ground tanks shall be installed at or above the elevation required in Section R322.3.2. Where elevated on platforms, the platforms shall be cantilevered from or knee braced to the building or shall be supported on foundations that conform to the requirements of Section R322.3. R322 Flood-Resistant Construction 11.3 Packet Pg. 296 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 27 Buildings and structures constructed in flood hazard areas shall be designed and constructed in accordance with the provisions of the Code of the City, Chapter 10, Flood Prevention and Protection. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the applicant shall demonstrate that the cumulative effect of the proposed buildings and structures on design flood elevations, including fill, when combined with all other existing and anticipated development, will not increase the design flood elevation more than one foot at any point within the City. (37) A new Section R328 Resource Efficiency is hereby added to read as follows: R328 Resource Efficiency R328.1 Construction waste management. For remodels and additions over 2,500 square feet, and for all new buildings, a construction waste management plan acceptable to the building official is required at the time of application for a building permit. The construction waste management plan shall be implemented and conspicuously posted on the construction site. All concrete, asphalt, masonry, wood, metals and cardboard shall be recycled. Compliance shall be certified by inspection and documentation and signed final construction waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. All roofing permits are required to submit a final waste management plan and documentation. R328.1.1 Building demolitions. Buildings or portions of buildings that are removed shall be processed in such a way as to safely remove all asbestos and lead paint contaminants. For all demolitions, excluding non-structural demolitions under 1000 sq.ft. a demolition waste management plan acceptable to the building official is required at the time of application for a demolition permit. All metals, asphalt, concrete and masonry that are free of asbestos and lead paint shall be recycled, and where possible, all remaining materials, such as doors, windows, cabinets, fixtures, and wood, shall be recycled. Compliance shall be certified by inspection, documentation, and signed final demolition waste management plans. Substantive changes to the plan shall be subject to prior approval by the building official. (38) A new Section R329 Indoor Environmental Quality hereby added to read as follows: R329 Indoor Environmental Quality (IEQ) R329.1 Low-volatile organic compound (VOC) materials. Construction materials, floor coverings and site applied finishes, including sealants and adhesives, resilient flooring, carpeting and pad, site-applied paints, stains and varnishes, structural wood panels, hardwood veneer plywood, particle board and fiber board building products, and insulation shall meet specified volatile organic compound (VOC) emissions limits in accordance with California Department of Public Health (CDPH) 01350; GREENGUARD Environmental Institute GGPS.001 standard for building materials and finishes; and Green Seal® standards. Documentation demonstrating compliance be required with delivery of such materials and shall be available for inspection. 11.3 Packet Pg. 297 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 28 Exception: For alterations to existing buildings, carpeting and pad, structural wood panels, hardwood, veneer plywood, particle board and fiber board building products and insulation are not subject to this requirement. (39) A new Section R330 Outdoor Environmental Quality is hereby added to read as follows: R330 Outdoor Environmental Quality (OEQ) R330.1 Exterior lighting. All exterior lighting fixtures associated with new buildings shall have the “Fixture Seal of Approval” from the International Dark-Sky Association (IDA) or meet equivalent criteria approved by the building official. Lighting placement shall conform to IDA Model Lighting Ordinance for Lighting Zone LZ-1. Light shall be shielded such that the lamp itself or the lamp image is not directly visible outside the property perimeter. (40) A new Section R331 Operations and Maintenance and Building Owner Education is hereby added to read as follows: R331 Operations and Maintenance and Building Owner Education R331.1 Operations and maintenance. In new buildings, operation and maintenance information addressing all installed systems shall be provided to the building owner. (41) Section R401.1 Application is hereby retained in its entirety with the following amendments: R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. All foundations shall be designed by a qualified professional licensed in the State of Colorado. Such designs shall be performed in accordance with accepted and approved engineering practices, including considerations for soil load-bearing capacities, surface and subsurface water conditions, adequate foundation and floor drainage, adequate ventilation of enclosed interior foundation spaces, and foundation waterproofing and damp-proofing. Final engineer’s reports, indicating his/her acceptance of the above requirements, shall be submitted to the building official prior to the issuance of the Certificate of Occupancy. Exceptions: 1. Foundations for non-habitable detached accessory buildings. and habitable additions of less than 120 sq ft. and unlikely to be located on expansive, compressible, or shifting soils, soils of unknown characteristics, or for other valid reasons as determined by the building official, need not be designed by a licensed professional. 11.3 Packet Pg. 298 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 29 12. The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations: 1a. In buildings that have no more than two floors and a roof. 2b. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15 240 mm). Wood foundations in Seismic Design Category D0, D1 or D2 shall be designed in accordance with accepted engineering practice. (42) A new Section, R401.5 Placement of backfill is hereby added to read as follows: R401.5 Placement of backfill. The excavation outside the foundation, including utility trenches and excavation ramp, shall be backfilled with soil that is substantially free of organic material, construction debris and cobbles, boulders, and solid soil masses larger than 6 inches (152 mm) diameter; or of frozen soil. The backfill shall be placed in lifts and compacted as set forth in the engineering documents. The backfill shall be placed in a manner that does not damage the foundation or the waterproofing or damp-proofing material. Excavation ramps shall be backfilled in such a manner that the ramp does not become a conduit for surface water to flow toward the foundation. Where excavations include more than one house, a specially engineered drainage system may be required by the building official. (43) Section R405.1 Concrete or masonry foundations, is hereby retained in its entirety, including Table 405.1, with the following amendments: R405.1 Concrete or masonry foundations. Drains shall be provided around all concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the top of the footing or below the bottom of the slab and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (152 mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on not less than 2 inches (51 mm) of washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (152 mm) of the same material. Drains consisting of piping conforming with ASTM Designation D2729-89 shall be provided adjacent to the lowest concrete or masonry foundations that retain earth and enclose spaces that are partially or entirely located below grade. Unless perimeter drains are designed to daylight, they shall terminate in sump pits with an electrical power source permanently installed within 36 inches (914 mm) of the sump opening. Piping for sump 11.3 Packet Pg. 299 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 30 pumps shall discharge at least 60 inches (1524 mm) away from foundations or as otherwise approved by the building official. Drains shall be installed in bedding materials that are of such size and installed in such manner to allow ground water to seep into the perimeter drain. Filter fabric or other measures to restrict the passage of fines shall be used to further protect the perimeter drain from blockage. Exception: A drainage system is not required where when the engineer of record has determined that the foundation is installed on well-drained ground or sand gravel mixture soils according to the Unified Soil Classification System, Group I soils, as detailed in Table R405.1. … (44) A new Section R405.3 Landscape irrigation, is added to read as follows: R405.3 Landscape irrigation. Landscape irrigation systems, other than drip systems, shall be installed such that the ground surface within 60 inches (1524 mm), measured perpendicular from the foundation, is not irrigated. (45) Section R408.1Ventilation is hereby deleted in its entirety and the following is hereby added in lieu thereof: R408.1 Ventilation. The under-floor space between the bottom of the floor joists and the earth under any building (except space occupied by a basement) shall have ventilation openings through foundation walls or exterior walls. The minimum net area of ventilation openings shall not be less than 1 square foot (0.0929 m 2 ) for each 150 square feet (14 m 2 ) of under-floor space area, unless the ground surface is covered by a Class 1 vapor retarder material. Where a Class 1 vapor retarder material is used, the minimum net area of ventilation openings shall not be less than 1 square foot (0.0929 m 2 ) for each 1,500 square feet (140 m 2 ) of under-floor space area. One such ventilating opening shall be within 3 feet (914 mm) of each corner of the building. R408.1 Underfloor ventilation. Underfloor ventilation shall be provided per section R408.3. Exception: When the Building Official determines site conditions exist that would require a vented under-floor space (cold crawl), such as groundwater and other conditions, the owner can provide underfloor ventilation per section R408.2. (46) A new Section R408.3.1 Spaces under below-grade floors, is hereby added to read as follows: R408.3.1 Spaces under below-grade floors. Mechanical ventilation systems for spaces under below-grade floors shall be designed by a professional engineer and installed in accordance with such designs. (47) A new Section R703.4 Flashing is hereby deleted in its entirety to read as follows: 11.3 Packet Pg. 300 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 31 R703.4 Flashing. Approved corrosion-resistant flashing shall be applied shingle-fashion in a manner to prevent entry of water into the wall cavity or penetration of water to the building structural framing components. Self-adhered membranes used as flashing shall comply with AAMA 711. Fluid-applied membranes used as flashing in exterior walls shall comply with AAMA 714. The flashing shall extend to the surface of the exterior wall finish. Approved corrosion-resistant flashings shall be installed at the following locations: 1. Exterior window and door openings. Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to the water- resistive barrier complying with Section 703.2 for subsequent drainage. Mechanically attached flexible flashings shall comply with AAMA 712. Flashing at exterior window and door openings shall be installed in accordance with one or more of the following: 1.1. The fenestration manufacturer’s installation and flashing instructions, or for applications not addressed in the fenestration manufacturer’s instructions, in accordance with the flashing manufacturer’s instructions. Where flashing instructions or details are not provided, pan flashing shall be installed at the sill of exterior window and door openings. Pan flashing shall be sealed or sloped in such a manner as to direct water to the surface of the exterior wall finish or to the waterresistive barrier for subsequent drainage. Openings using pan flashing shall incorporate flashing or protection at the head and sides. 1.2. In accordance with the flashing design or method of a registered design professional. 1.3. In accordance with other approved methods. 2. At the intersection of chimneys or other masonry construction with frame or stucco walls, with projecting lips on both sides under stucco copings. 3. Under and at the ends of masonry, wood or metal copings and sills. 4. Continuously above all projecting wood trim. 5. Where exterior porches, decks or stairs attach to a wall or floor assembly of wood- frame construction. 6. At wall and roof intersections. 7. At built-in gutters. R703.4 Fenestration installation. For all new construction, all fenestration installations shall be in accordance with American Architectural Manufacturers Association (AAMA) Standards/ Specifications for Windows, Doors and Skylights and shall be supervised or inspected by an individual certified as an Installation Master or by one having attended training by the manufacturer of the specific window product being installed. Fenestration perimeter flashing shall be installed per Installation Masters Chapter 16 Method A or A1, including either rigid or flexible sill pan flashing. (48) A new Section R703.11.3 Vinyl siding on new buildings is hereby added to read as follows: 11.3 Packet Pg. 301 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 32 Section R703.11.3 Vinyl siding and soffits on new buildings. Vinyl siding and soffits on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. (49) A new Section R703.13.2 Insulated vinyl siding on new buildings is hereby added to read as follows: Section R703.13.2 Insulated vinyl siding on new buildings. Insulated vinyl siding on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. (50) A new Section R703.14.4 Polypropylene siding on new buildings is hereby added to read as: R703.14.3 Polypropylene siding on new buildings. Polypropylene on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. (51) Section R902.1 Roofing Covering Materials is hereby deleted and is replaced with the following in lieu thereof: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. Class A, B or C roofing shall be installed in jurisdictions designated by law as requiring their use or when the edge of the roof is less than 3 feet (914 mm) from a lot line. Classes A, B and C roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Exceptions: 1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck. 2. Class A roof assemblies include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks. 3. Class A roof assemblies include minimum 16 ounces per square foot copper sheets installed over combustible decks. 4. Class A roof assemblies include slate installed over underlayment over combustible decks. R902.1 Roofing covering material. Except as otherwise allowed, roofs shall be covered with materials listed as Class A and with materials as set forth in Sections R904 and R905. Classes A, B and C roofing required to be listed by this Section shall be tested in accordance with UL 790 or ASTM E 108. Roof assemblies with coverings of brick, masonry, slate, 11.3 Packet Pg. 302 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 33 clay or concrete roof tile, exposed concrete roof deck, ferrous or copper shingles or sheets, and metal sheets and shingles, shall be considered Class A roof coverings. Exception: Any Class B or Class C roof covering may be applied on any new construction that is added to an existing building, provided the roof extremities of such existing building and new construction are located a minimum distance of 5 feet (1.524 m) from the nearest adjacent property line and are a minimum distance of 10 feet (3.048 m) from another building. (52) Section R905.1.2 Ice barriers is hereby retained in its entirety with the following amendments: R905.1.2 Ice barriers. In areas where there has been a history of ice forming along the eaves causing a backup of water as designated in Table R301.2(1), an ice barrier shall be installed for asphalt shingles, metal roof shingles, mineral-surfaced roll roofing, slate and slate-type shingles, wood shingles and wood shakes. The ice barrier shall consist of not fewer than two layers of underlayment cemented together, or a self-adhering polymer- modified bitumen sheet shall be used in place of normal underlayment and extend from the lowest edges of all roof surfaces to a point not less than 24 inches (610 mm) inside the exterior wall line of the building. On roofs with slope equal to or greater than eight units vertical in 12 units horizontal (67-percent slope), the ice barrier shall also be applied not less than 36 inches (914 mm) measured along the roof slope from the eave edge of the building. Exceptions: 1. Detached accessory structures not containing conditioned floor area. 2. Re-roofing where the existing roof covering has not been removed. (53) Section R905.2.1 Sheathing requirements is hereby retained in its entirety with the following amendments: R905.2.1 Sheathing requirements Asphalt shingles shall be fastened to solidly sheathed decks. Gaps in the solid decking shall not exceed 1/8 inch. (54) A new Section R905.2.4.2 Impact resistance of asphalt shingles is added to read as follows: R905.2.4.2 Impact resistance of asphalt shingles. Asphalt shingles shall be Class 4 impact resistant and be tested in accordance with UL 2218 and installed in accordance with the manufacturer’s installation instructions. (55) Section R908.1 General is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 303 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 34 R908.1 General. Materials and methods of application used for re-covering or replacing an existing roof covering shall comply with the requirements of Chapter 9. Exceptions: 1. Reroofing shall not be required to meet the minimum design slope requirement of one-quarter unit vertical in 12 units horizontal (2-percent slope) in Section R905 for roofs that provide positive roof drainage. 2. For roofs that provide positive drainage, re-covering or replacing an existing roof covering shall not require the secondary (emergency overflow) drains or scuppers of Section R903.4.1 to be added to an existing roof. 3. Any existing roof covering system may be replaced with a roof covering of the same materials and classification, provided the replacement roof covering has a minimum rating of Class C. (56) Section R1004.1 General is hereby retained in its entirety with the following amendments: R1004.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL 127. Solid fuel fireplaces, fireplace stoves and solid-fuel-type room heaters shall also comply with Section 5-110 of the City Code and shall be provided with a spark arrestor. (57) Section R1004.4 Unvented Gas log Heaters is hereby deleted in its entirety. R1004.4 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. (58) Section N1101.5 (R103.2) Information on construction documents, is hereby kept and preserved in its entirety with the following amendments: N1101.5 (C103 R103.2) Information on construction documents. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. When applicable as determined by the building official, construction documents submitted as part of the building permit application shall provide details of the exterior wall envelope as required, including flashing, intersections of dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water-resistive membrane, and details around openings. The construction documents shall include manufacturing installation instructions that provide 11.3 Packet Pg. 304 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 35 supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. Construction documents shall be drawn to scale upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and shows in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include, but are not limited to, as applicable: 1. Insulation materials and their R-values. 2. Fenestration U-factors and solar heat gain coefficients (SHGC). 3. Area-weighted U-factor and solar heat gain coefficient (SHGC) calculations. 4. Mechanical system design criteria. 5. Mechanical and service water heating systems and equipment types, sizes and efficiencies. 6. Equipment and system controls. 7. Duct sealing, duct and pipe insulation and location. 8. Air sealing details. (59) Table N1102.1.2 (Table R402.1.2) Insulation and fenestration criteria requirements by component is hereby retained in its entirety with the following amendments: TABLE N1102.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT a CLIMATE ZONE 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 e BASEMENTc WALL R-VALUE SLABd R- VALUE 36 a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. 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. R-15 batt is allowed for existing dwellings with uninsulated basements. (60) Table N1102.1.4 (Table R402.1.4) Equivalent U-Factors is hereby deleted in its entirety and the following is hereby added in lieu thereof: TABLE N1102.1.4 EQUIVALENT U-FACTORS a a. Non-fenestration U-factors shall be obtained from measurement, calculation or an approved source. b. Mass walls shall be in accordance with Section N1102.2.5. Where more than half the insulation is on the interior, the mass wall U-factors shall be a maximum of 0.17 in Zone 1, 0.14 in Zone 2, 0.12 in Zone 3, 0.087 in Zone 4 except Marine, 0.065 in Zone 5 and Marine 4, and 0.057 in Zones 6 through 8. the mass wall U- factor shall be the same as the frame wall U-factor. c. Basement wall U-factor of 0.360 in warm-humid locations as defined by Figure N1101.10 (R301.1) and Table (R301.1) (61) Section N1102.2 (R402.2) Specific insulation requirements is hereby retained in its entirety with the following amendments: N1102.2 (R402.2) Specific insulation requirements (Prescriptive) In addition to the requirements of Section N1102.1, insulation shall meet the specific requirements of Sections N1102.2.1 through N1102.2.13. All insulation shall be installed to meet CLIMATE ZONE HEATING SYSTEM TYPE FENESTRATION U-FACTOR SKYLIGHT U-FACTOR CEILING UR- VALUE FRAME WALL U-FACTOR MASS 37 Residential Energy Services Network (RESNET) Grade I standard with six-sided encapsulation. (62) Section N1102.2.3 (R402.2.3) Eave baffles is hereby retained in its entirety with the following amendments: N1102.2.3 (R402.2.3) Eave baffles 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. The ventilation baffles shall extend over the top of the attic insulation between rafters or trusses, maintaining a minimum 1” 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 full height, 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. (63) Section N1102.2.10 Slab-on-grade floors is hereby retained in its entirety with the following amendments: N1102.2.10 Slab-on-grade floors (Mandatory) Slab-on-grade floors with a floor surface less than 12 inches (305 mm) below grade shall be insulated in accordance with Table N1102.1.2. The insulation shall extend downward from the top of the slab on the outside or inside of the foundation wall. Insulation located below grade shall be extended the distance provided in Table N1102.1.2 by any combination of vertical insulation, insulation extending under the slab, or insulation extending out from the building. Insulation extending away from the building shall be protected by pavement or by not less than 10 inches (254 mm) of soil. The top edge of the insulation installed between the exterior wall and the edge of the interior slab shall be permitted to be cut at a 45-degree (0.79 rad) angle away from the exterior wall. Slab-edge insulation is not required in jurisdictions designated by the building official as having a very heavy termite infestation. (64) A new Section N1102.2.14 (R402.2.14) Rim insulation requirements is hereby added to read as follows: N1102.2.14 (R402.2.14) Rim insulation requirements All rim plates and rim joist that are part of the thermal envelope shall be air-sealed. All rim plates and rim joist that 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 N1102.1.2. Where spray foam insulation is not used at the rim joist and adjoining plates, the rim joists and adjoining plates shall be insulated to minimum R-19. (65) Section N1102.4.1.2 (R402.4.1.2) Testing is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 307 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 38 N1102.4.1.2 (R402.4.1.2) Testing. The building or dwelling unit shall be tested and verified as having an air leakage rate of 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 RESNET/ICC 380 ASTME E779 or ASTEM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where required by the building 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 building 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 Air Tightness Testing Protocols for new attached and detached single family dwellings. . . . (66) Section N1102.5 Maximum fenestration U-factor and SHGC (Mandatory) is hereby deleted in its entirety and the following is hereby added in lieu thereof: N1102.5 (R402.5) Maximum fenestration U-factor and SHGC (Mandatory). The area- weighted average maximum fenestration U-factor permitted using tradeoffs from Section N1102.1.4 or N1105 shall be 0.48 in Climate Zones 4 and 5 and 0.40 in Climate Zones 6 through 8 for vertical fenestration, and 0.75 in Climate Zones 4 through 8 for skylights. The area-weighted average maximum fenestration SHGC permitted using tradeoffs from Secton N1105 in Climate Zones 1 through 3 shall be 0.50. N1102.5 (R402.5) Maximum fenestration U-factor and SHGC (Mandatory). For new construction and additions that require a building permit, the area-weighted average maximum fenestration U-factor permitted using trade-offs from Section N1102.1.4 or N1105 shall be 0.40 for vertical fenestration, and 0.75 for skylights. (67) Section N1103.3.1 (R403.3.1) Insulation is hereby retained in its entirety with the following amendments: N1103.3.1 (R403.3.1) Insulation (Prescriptive) (Mandatory). Supply and return ducts in attics shall be insulated to an R-value of not less than R-8 for ducts 3 inches (76 mm) in diameter and larger and not less than R-6 for ducts smaller than 3 inches (76 mm) in diameter. Supply and return ducts in other portions of the building shall be insulated to not less than R-6 for ducts 3 inches (76 mm) in diameter and to not less than R-4.2 for ducts smaller than 3 inches (76.2 mm) in diameter. Exception: Ducts or portions thereof located completely inside the building thermal envelope. (67) Section N1103.3.7 (R403.3.7) Ducts located in conditioned space is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 308 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 39 N1103.3.7 (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: the duct system shall be located completely within the continuous air barrier and within the building thermal envelope. 1. The duct system is located completely within the continuous air barrier and within the building thermal envelope. 2. The ducts are buried within ceiling insulation in accordance with Section N1103.3.6 and all of the following conditions 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 N1103.3.4, is less than or equal to 1.5 cubic feet per minute (42.5 L/min) per 100 square feet (9.29 m 2 ) 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. (68) Section N1105.1 (R405.1) Scope is hereby retained in its entirety with the following amendments: N1105.1 (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. (69) A new Section M1309 Testing and verification is hereby added to read as follows: M1309 Testing and verification. Installed heating, cooling and ventilation systems shall be performance-tested and adjusted per City of Fort Collins, Residential New Construction Mechanical Systems Testing Guide and 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 the issuance of the Certificate of Occupancy. (70) Section M1401.3 Equipment and appliance sizing is hereby deleted in its entirety and the following is hereby added in lieu thereof: 11.3 Packet Pg. 309 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 40 M1401.3 Equipment and appliance sizing. Heating and cooling equipment and appliances shall be sized in accordance with ACCA Manual S or other approved sizing methodologies based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. Exception: Heating and cooling equipment and appliance sizing shall not be limited to the capacities determined in accordance with Manual S where either of the following conditions applies: 1. The specified equipment or appliance utilizes multistage technology or variable refrigerant flow technology and the loads calculated in accordance with the approved heating and cooling calculation methodology are within the range of the manufacturer’s published capacities for that equipment or appliance. 2. The specified equipment or appliance manufacturer’s published capacities cannot satisfy both the total and sensible heat gains calculated in accordance with the approved heating and cooling calculation methodology and the next larger standard size unit is specified. M1401.3 Heating and cooling system design. The design of new heating and cooling systems shall meet the requirements of this Section. Design documents shall be submitted to the building official at the time of application for a building permit. M1401.3.1 Equipment sizing. Heating and cooling equipment shall be sized in accordance with ACCA Manual S, based on design building loads calculated in accordance with ACCA Manual J, or other equivalent methodology approved by the building official, using thermal design parameters in Table N1101.1 as amended. The total equipment output capacity shall be between the following limits, as applicable for the equipment type: 1. 95% and 115% of calculated system cooling load, for air conditioners and heat pumps; 2. 95% and 125% of calculated system cooling load, for heat pumps with winter heating dominated requirements; 3. 100% and 140% of calculated system heating load, for warm air systems, unless dictated by the cooling equipment selection; and 4. 100% and 115% of calculated system heating load, for heating boilers. Where no available equipment is within the applicable capacity limits, the next largest nominal piece of equipment that is available may be used. M1401.3.2 Room loads. Room-by-room design heating and cooling loads shall be calculated. 11.3 Packet Pg. 310 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 41 M1401.3.3 Matched components. Air-conditioning, Heating and Refrigeration Institute (AHRI) matched evaporators, condensing units and air handlers shall be required. (71) Section, M1414.1 General is hereby retained in its entirety with the following amendments: M1414.1 General. Fireplace stoves shall be listed, labeled and installed in accordance with the terms of the listing. Fireplace stoves shall be tested in accordance with UL 737. Wood burning appliances shall meet the latest emission standards as stated by the State of Colorado and Federal Regulation 40 CFR Part 60, Subpart AAA. (72) A new Section M1501.2 Indoor depressurization is hereby added to read as follows: M1501.2 Indoor depressurization. Ducted exhaust systems shall not induce or create a negative pressure sufficient to cause back-drafting of naturally vented, open combustion- chamber, fuel-burning appliances, or create negative pressure in excess of negative 3 Pa. in the immediate proximity of combustion chambers of such appliances. (73) Section M1502.4.2 Duct installation is hereby retained in its entirety with the following amendments: M1502.4.2 Duct installation. Exhaust ducts shall be supported at intervals not to exceed 12 feet (3658 mm) and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners. that protrude more than 1/8 inch (3.2 mm) into the inside of the duct. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. (74) Section M1505.4 Whole-house mechanical ventilation system is hereby deleted in its entirety and the following is hereby added in lieu thereof: M1505.4 Whole-house mechanical ventilation system. Whole-house mechanical ventilation systems shall be designed in accordance with Sections M1505.4.1 throughM1505.4.4. M1505.4.1 System design. The whole-house ventilation system shall consist of one or more supply or exhaust fans, or a combination of such, and associated ducts and controls. Local exhaust or supply fans are permitted to serve as such a system. Outdoor air ducts connected to the return side of an air handler shall be considered to provide supply ventilation. M1505.4.2 System controls. The whole-house mechanical ventilation system shall be provided with controls that enable manual override. 11.3 Packet Pg. 311 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 42 M1505.4.3 Mechanical ventilation rate. The whole house mechanical ventilation system shall provide outdoor air at a continuous rate as determined in accordance with TableM1505.4.3(1) or Equation 15-1. Ventilation rate in cubic feet per minute + (0.01 x total square foot area of house) + [7.5 x (number of bedrooms + 1)] Equation 15-1 Exception: The whole-house 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 Table M1505.4.3(1) is multiplied by the factor determined in accordance with Table M1505.4.3(2). M1505.4 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 M1505.4.1 through M1505.4.4. System design documents shall be submitted to the Building Official at the time of application for a building permit. (75) Section M1601.1 Duct design is hereby retained in its entirety with the following amendments: M1601.1 Duct design. Duct systems serving heating, cooling and ventilation equipment in new buildings or new systems in additions shall be designed and fabricated in installed in accordance with the provisions of this section and ACCA Manual D, the appliance manufacturer’s installation instructions or other approved methods. (76) Section M1601.1.1 Above-ground duct systems, is hereby retained in its entirety with the exception of subsection 7 (including subsections 7.1 through 7.5), which is stricken in its entirety. 7. Stud wall cavities and the spaces between solid floor joists to be used as air plenums shall comply with the following conditions: 7.1. These cavities or spaces shall not be used as a plenum for supply air. 7.2. These cavities or spaces shall not be part of a required fire-resistance-rated assembly. 7.3. Stud wall cavities shall not convey air from more than one floor level. 7.4. Stud wall cavities and joist-space plenums shall be isolated from adjacent concealed spaces by tight-fitting fireblocking in accordance with Section R602.8. 7.5. Stud wall cavities in the outside walls of building envelope assemblies shall not be utilized as air plenums. 11.3 Packet Pg. 312 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 43 . . . (77) A new Section, M1601.4.11 Construction debris and contamination is hereby added to read as follows: M1601.4.11 Construction debris and contamination. Mechanical air-handling systems and their related ducts shall be protected from the entrance of dirt, debris, and dust during the construction and installation process. Prior to passing final inspection or issuance of a Certificate of Occupancy, such systems shall be substantially free of construction-related contaminants. (78) Section M1602.2 Return air openings is hereby retained in its entirety with the following amendments: M1602.2 Return Airair Openings openings. A return air path shall be provided in all habitable rooms by means of ducts or transfer grills. Return air openings for heating, ventilation and air conditioning systems shall comply with all of the following: . . . (79) Section G2404.3 (301.3) Listed and labeled is hereby retained in its entirety with the following amendments: G2404.3 (301.3) Listed and labeled. Appliances regulated by this code shall be listed and labeled for the application in which they are used unless otherwise approved in accordance with Section R104.11.” The approval of unlisted appliances in accordance with Section R104.11 shall be based upon approved engineering evaluation. (80) Section G2406.2 (303.3) Prohibited locations is hereby retained in its entirety with the exception of subsections 3 and 4 which are stricken in their entirety. 3. A single wall-mounted unvented room heater is installed in a bathroom and such unvented room heater is equipped as specified in Section G2445.6 and has an input rating not greater than 6,000 Btu/h (1.76 kW). The bathroom shall meet the required volume criteria of Section G2407.5. 4. A single wall-mounted unvented room heater is installed in a bedroom and such unvented room heater is equipped as specified in Section G2445.6 and has an input rating not greater than 10,000 Btu/h (2.93 kW). The bedroom shall meet the required volume criteria of Section G2407.5. … (81) Section G2407.11 (304.11) Combustion air ducts is hereby retained in its entirety with the following amendments: 11.3 Packet Pg. 313 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 44 G2407.11(304.11) Combustion air ducts. Combustion air ducts shall comply with all of the following: 1. Ducts shall be constructed of galvanized steel complying with Chapter 16 or of a material having equivalent corrosion resistance, strength and rigidity. Exception: Within dwellings units, unobstructed stud and joist spaces shall not be prohibited from conveying combustion air, provided that not more than one required fireblock is removed. Where the installation of galvanized steel ducts is not practical due to existing finish materials within 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. … (82) Section G2415.12 (404.12) Minimum burial depth is hereby retained in its entirety with the following amendments: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 12 inches (305 mm) 18 inches (457 mm) below grade, except as provided for in Section G2415.12.1. all other pipe materials shall be installed a minimum depth of 12 inches below grade. (83) Section G2415.12.1 (404.12.1) Individual outside appliance is hereby deleted in its entirety. G2415.12.1 (404.12.1) Individual outside appliances. Individual lines to outside lights, grills or other appliances shall be installed a minimum of 8 inches (203 mm) below finished grade. (84) Section G2417.4.1 (406.4.1) Test pressure is hereby deleted in its entirety and the following is hereby added in lieu thereof: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 11/2 times the proposed maximum working pressure, but not less than 3 psig (20 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. 11.3 Packet Pg. 314 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 45 G2417.4.1 (406.4.1) Test pressure. The test pressure to be used for non-welded pipe shall be 10psi minimum and 60 psi for welded pipe. (85) Section G2425.8 (501.8) Appliances not required to be vented is hereby kept and preserved in its entirety with the following amendments: G2425.8 (501.8) Appliances not required to be vented. The following appliances shall not be required to be vented. 1. Ranges. 2. Electric Bbuilt-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section G2439). 5. Refrigerators. 6. Counter appliances. 7. Room heaters listed for unvented use. Where the appliances listed in Items 5 through 7 are installed so that the aggregate input rating exceeds 20 Btu per hour per cubic foot (207 W/m 3 ) of volume of the room or space in which such appliances are installed, one or more shall be provided with venting systems or other approved means for conveying the vent gases to the outdoor atmosphere so that the aggregate input rating of the remaining unvented appliances does not exceed 20 Btu per hour per cubic foot (207 W/m 3 ). Where the room or space in which the appliance is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations. (86) Section G2427.5.5.1 (503.5.6.1) Chimney lining is hereby retained in its entirety with the following amendments: G2427.5.5.1 (503.5.6.1) Chimney lining. Chimneys shall be lined in accordance with NFPA 211. Exception: Where an existing chimney complies with Sections G2427.5.5 through G2427.5.5.3 and its sizing is in accordance with Section G2427.5.4, its continued use shall be allowed where the appliance vented by that chimney is replaced by an appliance of similar type, input rating and efficiency. (87) Section G2427.6.5 (503.6.6) Minimum height is hereby retained in its entirety with the following amendments: G2427.6.5 (503.6.6) Minimum height. A Type B or L gas vent shall terminate at least 5 feet (1524 mm) in vertical height above the highest connected appliance draft hood or flue collar. A Type B-W gas vent shall terminate not less than 12 feet (3658 mm) in vertical 11.3 Packet Pg. 315 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 46 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. (88) Section G2445 (621), Unvented Room Heaters, is hereby deleted in its entirety. SECTION G2445 (621) UNVENTED ROOM HEATERS G2445.1 (621.1) General. Unvented room heaters shall be tested in accordance with ANSI Z 21.11.2 and shall be installed in accordance with the conditions of the listing and the manufacturer’s installation instructions. G2445.2 (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. G2445.3 (621.3) Input rating. Unvented room heaters shall not have an input rating in excess of 40,000 Btu/h (11.7 kW). G2445.4 (621.4) Prohibited locations. The location of unvented room heaters shall comply with Section G2406.2. G2445.5 (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 appliance is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations. G2445.6 (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. G2445.7 (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. G2445.7.1 (621.7.1) Ventless firebox enclosures. Ventless firebox enclosures used with unvented decorative room heaters shall be listed as complying with ANSI Z21.91. (89) A new Section G2447.6 (623.8) Kitchens with gas cooking is hereby added to read as follows: 11.3 Packet Pg. 316 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 47 G2447.6 Kitchens with gas cooking. Residential kitchens with gas cooking appliances shall be supplied with an exhaust system vented to the outside in accordance with section M1503. 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. (90) A new Section G2451.3 (630.3) Combustion and ventilation air is hereby added to read as follows: G2451.3 (630.3) Combustion and ventilation air Where infrared heaters are installed, natural or mechanical means shall provide outdoor ventilation air at a rate of not less than 4 cfm per 1,000 Btu/h (0.38 m3/min/kW) of the aggregate input rating of all such heaters installed in the space. Exhaust openings for removing flue products shall be above the level of the heaters. (91) Section P2903.2 Maximum flow and water consumption is hereby retained in its entirety with the following amendments: P2903.2 Maximum flow and water consumption. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table P2903.2 and such fixtures shall be Environmental Protection Agency (EPA) WaterSense® labeled fixtures, excluding fixtures and fixture fittings that are not labeled under the WaterSense® program. (92) Table P2903.2 is hereby retained in its entirety with the following amendments: Table P2903.2 Maximum Flow Rates and Consumption For Plumbing Fixtures and Fixture Fittings b PLUMBING FIXTURE OR FIXTURE FITTING MAXIMUM FLOW RATES Lavatory faucet 2.2 gpm at 60 psi 1.5 gpm at 60 psi Shower heada 2.5 gpm at 80 psi 1.8 gpm at 80 psi Sink faucet 2.2 gpm at 60 psi 1.8 gpm at 60 psi Water closet 1.6 gallons per flushing cycle 1.28 gallons per flushing cycle, with minimum MaP threshold of 600 grams. Dual flush gallons per flushing cycle: Average of three flushes (two reduced flushes and one full flush) For SI: 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895kPa a. A handheld shower spray is also a shower head b. Consumption tolerances shall be determined from referenced standards. (93) A new Section E3401.5 Electrical Vehicle Ready is hereby added to read as follows: 11.3 Packet Pg. 317 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 48 Section E3401.5 Electrical Vehicle Ready. All new single family dwellings with an attached garage or carport shall be provided with an empty conduit of 1/2 inch (12.7 mm) minimum, installed from the dwellings electrical panel board to a junction box in readily accessible location in the garage or carport, capable of supporting a 30 ampere 220 volt outlet. (94) A new Section E3401.6 Photovoltaic Ready is hereby added to read as follows: Section E3401.6 Photovoltaic Ready All new single family dwellings shall be provided with an empty metallic conduit of 3/4 inch (19.05 mm) minimum, installed from the dwellings attic space beneath the roof which most likely would support the majority of installed photovoltaic system, to a junction box located within 12 inches of the dwellings electrical meter or connected directly to the dwellings electrical panel board. (95) Chapter 44 Referenced Standards is hereby retained in its entirety with the following amendments: … ANSI/ACCA QI 5-2007 HVAC Quality Installation Specification. Referenced in Amended 2012 IRC Section M1309 Performance verification Installation Masters™ Testing and Certification Program Referenced in Amended 2012 IRC Section R703.8.1 Fenestration installation CDPH California Department of Public Health 1615 Capitol Avenue Sacramento, CA 95814 CDPH 01350 Standard Method for Testing VOC emissions from indoor sources Referenced in Amended 2012 IRC Section R325.1 Low-volatile organic compound (VOC) materials. FSC Forest Stewardship Council U.S. (FSC-US) 212 Third Avenue North, Suite 504 Minneapolis, MN 55401 GEI GREENGUARD Environmental Institute 2211 Newmarket Parkway, Suite 110 Marietta, GA 30067 GGPS.001.GREENGUARD IAQ Standard for Building Materials, Finishes and Furnishings Referenced in Amended 2012 IRC Section R325.1 Low-volatile organic compound (VOC) materials. Green Seal® 1001 Connecticut Avenue, NW Suite 827 Washington, DC 20036-5525 11.3 Packet Pg. 318 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 49 GS-11 Paintings and Coatings GS-43 Recycled Content Latex Paints Referenced in Amended 2012 IRC Section R325.1 Low-volatile organic compound (VOC) materials. HVI Home Ventilating Institute 1000 N Rand Rd, Ste 214 Wauconda, IL 60084 USA HVI referenced standard HVI 915, Procedure for Loudness Rating of Residential Fan Products Referenced in Amended 2012 IRC Section M1507.4.2.6. Sound ratings for fans. IDA International Dark-Sky Association 3225 N. First Avenue Tucson, Arizona 85719 IDA fixture seal of approval (FSA) third-party certification for luminaires that minimize glare, reduce light trespass, and don’t pollute the night sky. http://www.darksky.org/ http://www.darksky.org/outdoorlighting/mlo http://www.darksky.org/outdoorlighting/about-fsa 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 IRC Section N1102.2 Specific insulation requirements. … (96) APPENDIX E, MANUFACTURED HOUSING USED AS DWELLINGS, is hereby adopted in its entirety. (97) APPENDIX F, RADON CONTROL METHODS, is hereby retained in its entirety with the following amendments: … AF101.1 General. This appendix contains requirements for all radon-resistant construction required for all new dwellings constructed under this code. construction in jurisdictions where radon-resistant construction is required. Inclusion of this appendix by jurisdictions shall be determined through the use of locally available data or determination of Zone 1 designation in Figure AF101 and Table AF101(1). 11.3 Packet Pg. 319 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 50 … AF103.1 General. The following construction techniques are intended to resist radon entry and prepare the building for post-construction radon mitigation, if necessary (see Figure AF102). These techniques are required in areas where designated by the jurisdiction. AF103.2 Subfloor preparation. A layer of gas-permeable material shall be placed under all concrete slabs and other floor systems that directly contact the ground and are within the walls of the living spaces of the building, to facilitate future installation of a subslab depressurization system, if needed. Each radon reduction vent pipe riser shall serve no more than 4000 square feet of uninterrupted under slab/floor area. The gas-permeable layer shall consist of one of the following: 1. A uniform layer of clean aggregate, not less than 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve. 2. A uniform layer of sand (native or fill), a minimum of 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases. 3. Other materials, systems or floor designs with demonstrated capability to permit depressurization across the entire subfloor area. AF103.3 Soil-gas-retarder. A minimum 6-mil (0.15 mm) [or 3-mil (0.075 mm) cross- laminated] polyethylene or equivalent flexible sheeting material shall be placed on top of the gas-permeable layer prior to casting the slab or placing the floor assembly to serve as a soil-gas-retarder by bridging any cracks that develop in the slab or floor assembly, and to prevent concrete from entering the void spaces in the aggregate base material. The sheeting shall cover the entire floor area with separate sections of sheeting lapped at least 12 inches (305 mm). The sheeting shall fit closely around any pipe, wire or other penetrations of the material. All punctures or tears in the material shall be sealed or covered with additional sheeting. … AF103.5 Passive submembrane depressurization system. In buildings with crawl space foundations, the following components of a passive submembrane depressurization system shall be installed during construction. Exception: Buildings in which an approved mechanical crawl space ventilation system or other equivalent system is installed. AF103.5.1 Ventilation. Crawl spaces shall be provided with vents to the exterior of the building. The minimum net area of ventilation openings shall comply with Section R408.1. 11.3 Packet Pg. 320 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 51 AF103.5.2 Soil-gas-retarder. The soil in crawl spaces shall be covered with a continuous layer of minimum 6-mil (0.15 mm) polyethylene soil-gas-retarder. The ground cover shall be lapped a minimum of 12 inches (305 mm) at joints and shall extend to all foundation walls enclosing the crawl space area. AF103.5.2 Soil-gas-retarder. The soil in crawl spaces shall be covered with a continuous layer of minimum 6-mil (0.15 mm) polyethylene or 3 mil (0.75 mm) cross laminated polyethylene soil gas retarder. The ground cover shall be lapped not less than 12 inches at joints and sealed or taped. The edges of the ground cover shall extend a minimum of 12 inches (152 mm) up onto all foundation walls enclosing the under-floor space and be sealed to the wall and any footing pads. 6 mil polyethylene shall also be sealed and mechanically fastened to the wall. An interior perimeter drain tile loop shall be connected to a plumbing tee or other approved connection as per AF103.5.3. AF103.13 Provisions for future depressurization fan installation. Permanent provisions shall be made for the future installation of an in-line fan to be connected to every radon vent pipe. Such designated fan locations shall be outside of the conditioned envelope of the building, such as in the attic, garage and similar locations, excluding crawl spaces and other interior under-floor spaces. Designated locations shall accommodate an unobstructed permanent cylindrical space with the following minimum dimensions: 12 inches (305 mm) measured radially around the radon vent pipe along a vertical distance of 30 inches (760 mm). Designated fan locations shall be permanently accessible for servicing and maintenance. An electrical receptacle outlet shall be provided within 4 feet (1.219 m) of and within sight from designated fan locations and installed so as to not be covered by insulation. A light fixture shall be installed in the area of future fan location. … SECTION AF 102 DEFINITIONS SOIL-GAS-RETARDER. A continuous membrane of 3-mil (0.075 mm) cross-linked polyethylene or other equivalent material used to retard the flow of soil gases into a building. SOIL-GAS-RETARDER. A continuous membrane of 6-mil (0.15 mm) polyethylene, 3- mil (0.075 mm) cross-laminated polyethylene or other equivalent material used to retard the flow of soil gases into a building. (98) APPENDIX H, PATIO COVERS, is hereby adopted in its entirety. (99) APPENDIX M, HOME DAY-CARE R-3 OCCUPANCIES, is hereby adopted in its entirety. 11.3 Packet Pg. 321 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 52 (100) APPENDIX Q, TINY HOUSES, is hereby adopted in its entirety. Section 4. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 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 11.3 Packet Pg. 322 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) 53 NOTICE OF PUBLIC HEARING NOTICE is hereby given of a public hearing to be held before the City Council of the City of Fort Collins, Colorado, on the 4th day of December, A.D., 2018 at 6:00 p.m., or as soon thereafter as the matter may come on for hearing, in the Council Chambers at the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado for the purpose of considering the adoption of ordinances adopting by reference the 2018 International Building Code, 2018 International Residential Code, 2018 International Energy Conservation Code, 2018 International Mechanical Code, and the 2018 International Fuel Gas Code, 2018 International Existing Building Code, and the 2018 International Pool and Spa Code, together with local amendments, promulgated by the International Code Council. Not less than one (1) copy of said Codes has been, and now is on file in the Office of the City Clerk of the City of Fort Collins and is available for public inspection. The purpose of the International Building Code, International Residential Code, International Energy Conservation Code, International Mechanical Code, the International Fuel Gas Code, 2018 International Existing Building Code, and the 2018 International Pool and Spa Code adopted by said ordinance is to provide for protection of public health and safety and general welfare. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. This notice is given and published by order of the City of Fort Collins, Colorado. Dated at Fort Collins, Colorado this 18th day of November, A.D. 2018. Delynn Coldiron City Clerk 11.3 Packet Pg. 323 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) ORDINANCE NO. 174, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE V, DIVISION 1 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF AMENDING THE COLORADO PLUMBING CODE WHEREAS, 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 Colorado Plumbing Code at Chapter 5, Article V of the Code of the City of Fort Collins, with local amendments thereto (“CPC”), which CPC applies to the installation, alteration or repair of plumbing and drainage systems in the City; and WHEREAS, the CPC constitutes minimum requirements and standards governing the inspection, installation, alteration, and repair of the plumbing fixtures, appliances, and systems throughout the City for the healthy, safety and welfare of the City and its citizens 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 local amendment to the CPC be further amended to clarify requirements pertaining to maximum flow and water consumption. 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 the City Code is hereby amended in the following respects: Sec. 5-126. - Amendments and deletions to code. The Colorado Plumbing Code as adopted is hereby amended in the following respects: (1) Section 604 TABLE 604.4 is hereby amended as follows: 604.4 Maximum flow and water consumption. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table 604.4 and such fixtures and fittings shall be Environmental Protection Agency (EPA) WaterSense® labeled fixtures, excluding fixtures and fixture fittings that are not labeled under the WaterSense® program. 11.4 Packet Pg. 324 Attachment: Ordinance No. 174, 2018 (Colorado Plumbing Code) (7511 : SR 149, 151 174-IRC and Plumbing Code) Table 604.4 Maximum Fixture and Fitting Flow Rates for Reduced Water Consumption Maximum Flow Rates and Consumption for Plumbing Fixtures and Fixture Fittings Plumbing Fixture of Fixture Fitting Plumbing Fixture of Fixture Fitting Maximum Flow Rate of Quantityb Lavatory faucet, private 2.2 gpm 0.5 gallon per minute at 60 psi for non-residential occupancy 1.5 gallons per minute at 60 psi for R and I occupancies Lavatory, faucet public (metering) 0.25 gpm gallon per metering cycle Lavatory faucet, public (other than metering) 0.5 gpm gallon per minute at 60 psi Shower head (includes hand held) a 2.5gpm 1.8 gallon per minute at 80 psi 2.0 gallon per minute at 80 psi for I and E occupancies Sink faucet 2.2gpm 1.8 gallon per minute at 60 psi Urinal 1.0 0.5 gallons per flushing cycle Water closet 1.6 1.28 gallons per flushing cycle, with minimum MaP (solid- waste removal performance threshold) of 600 grams. Dual Flush gallons per flushing cycle: Average of three flushes (two reduced flushes and one full flush) Pre-rinse Spray Valves (food service) Must meet federal requirements Bar sinks (food service) 2.2 gallon per minute at 60 psi For SI: 1 gallon = 3.785 L, 1 gallon per minute = 3.785 L/m, 1 pound per square inch = 6.895 kPa. a. A hand-held shower spray is a shower head. b. Consumption tolerances shall be determined from referenced standards. Section 3. The City Attorney and the City Clerk are authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins Municipal Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading, and ordered published this 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 11.4 Packet Pg. 325 Attachment: Ordinance No. 174, 2018 (Colorado Plumbing Code) (7511 : SR 149, 151 174-IRC and Plumbing Code) Passed and adopted on final reading on the 2nd day of January, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 11.4 Packet Pg. 326 Attachment: Ordinance No. 174, 2018 (Colorado Plumbing Code) (7511 : SR 149, 151 174-IRC and Plumbing Code) City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Ken Summers, District 3 Kristin Stephens, District 4 Cablecast on FCTV Channel 14 Ross Cunniff, District 5 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. City Council Work Session January 2, 2019 (After the Regular Council Meeting, which begins at 6:00 p.m.) • CALL TO ORDER. 1. District 1 Councilmember Interviews. (staff: Delynn Coldiron, Carrie Daggett; 2 1/2 hour discussion) The purpose of this item is to provide Council with the information needed to conduct interviews for the District 1 Council vacancy. The applicants will be interviewed in the following order: 1. E. John Clarke 2. Jerry Gavaldon 3. Danielle Buttke 4. Susan Gutowsky 5. Jessica Hazlett 6. Nathaniel Budd 7. Joseph Somodi III 8. Christopher Staten 9. Richard Cress 2. Keep Fort Collins Great Sunset. (staff: Ginny Sawyer; 10 minute staff presentation; 30 minute discussion The purpose of this work session is to present Council with options for renewing/maintaining Keep Fort Collins Great revenue once the 0.85 tax sunsets on December 31, 2020. April 2019 is the anticipated election for a potential ballot related question to address funding needs. City of Fort Collins Page 2 • OTHER BUSINESS. • ADJOURNMENT. DATE: STAFF: January 2, 2019 Delynn Coldiron, City Clerk Carrie Daggett, City Attorney WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION District 1 Councilmember Interviews. EXECUTIVE SUMMARY The purpose of this item is to provide Council with the information needed to conduct interviews for the District 1 Council vacancy. The applicants will be interviewed in the following order: 1. E. John Clarke 2. Jerry Gavaldon 3. Danielle Buttke 4. Susan Gutowsky 5. Jessica Hazlett 6. Nathaniel Budd 7. Joseph Somodi III 8. Christopher Staten 9. Richard Cress BACKGROUND / DISCUSSION City Council discussed the process for filling this vacancy at the December 11, 2018 Work Session. The following describes the agreed upon process and timeline: December 12, 2018 - Began advertising for the vacancy. This included: • Launch of a new webpage specific to the vacancy with a spotlight on the City’s home page to highlight that applications are being accepted. • Press releases in both the Coloradoan and the Collegian. • Advertisements in the Coloradoan over the next two weeks. • Social media outreach. • Nextdoor post to District 1 residents. Applications were made available on the website and at the City Clerk’s office at 300 LaPorte Avenue. December 26, 2018 - Deadline to submit application forms to the City Clerk’s office. January 2, 2019 - Regular Meeting and Work Session (moved to Wednesday due to the New Year’s Holiday). The Work Session will include interviews for all candidates. Interview specifics: • Each applicant will be interviewed individually. • It is expected that 20 minutes will be allowed per interview; this time may be reduced depending on the number being interviewed. o Opening question (Mayor) - 1-2 minutes. o Council questions - 16-18 minutes. ▪ One question per Councilmember (more if time allows). ▪ Should be a follow-up or a clarification of information provided in the application. 1 Packet Pg. 3 January 2, 2019 Page 2 o Closing statement (Applicant) - 1-2 minutes. • Candidates will not be sequestered. The City Clerk’s office received nine applications. (Attached) The order for the applicant interviews is as follows: 1. E. John Clarke 2. Jerry Gavaldon 3. Danielle Buttke 4. Susan Gutowsky 5. Jessica Hazlett 6. Nathaniel Budd 7. Joseph Somodi III 8. Christopher Staten 9. Richard Cress January 15, 2019 - Regular Council Meeting • Section process and Resolution making appointment. o Public input will be accepted as is normally done for items. o Council will make motions and vote to determine final applicant. January 22, 2019 - Adjourned Council Meeting and Work Session • Oath of office will be administered to the new appointee. ATTACHMENTS 1. E John Clark (PDF) 2. Jerry Gavaldon (PDF) 3. Danielle Buttke (PDF) 4. Susan Gutowsky (PDF) 5. Jessica Hazlett (PDF) 6. Nathaniel Budd (PDF) 7. Joseph Somodi III (PDF) 8. Christopher Staten (PDF) 9. Richard Cress (PDF) 1 Packet Pg. 4 1.1 Packet Pg. 5 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.1 Packet Pg. 6 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.1 Packet Pg. 7 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.1 Packet Pg. 8 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.1 Packet Pg. 9 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.1 Packet Pg. 10 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.1 Packet Pg. 11 Attachment: E John Clark (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 12 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 13 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 14 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 15 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 16 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 17 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.2 Packet Pg. 18 Attachment: Jerry Gavaldon (7507 : Councilmember Vacancy Interviews) 1.3 Packet Pg. 19 Attachment: Danielle Buttke (7507 : Councilmember Vacancy Interviews) 1.3 Packet Pg. 20 Attachment: Danielle Buttke (7507 : Councilmember Vacancy Interviews) 1.3 Packet Pg. 21 Attachment: Danielle Buttke (7507 : Councilmember Vacancy Interviews) 1.3 Packet Pg. 22 Attachment: Danielle Buttke (7507 : Councilmember Vacancy Interviews) 1.3 Packet Pg. 23 Attachment: Danielle Buttke (7507 : Councilmember Vacancy Interviews) 1.3 Packet Pg. 24 Attachment: Danielle Buttke (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 25 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 26 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 27 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 28 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 29 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 30 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 31 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.4 Packet Pg. 32 Attachment: Susan Gutowsky (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 33 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 34 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 35 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 36 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 37 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 38 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.5 Packet Pg. 39 Attachment: Jessica Hazlett (7507 : Councilmember Vacancy Interviews) 1.6 Packet Pg. 40 Attachment: Nathaniel Budd (7507 : Councilmember Vacancy Interviews) 1.6 Packet Pg. 41 Attachment: Nathaniel Budd (7507 : Councilmember Vacancy Interviews) 1.6 Packet Pg. 42 Attachment: Nathaniel Budd (7507 : Councilmember Vacancy Interviews) 1.6 Packet Pg. 43 Attachment: Nathaniel Budd (7507 : Councilmember Vacancy Interviews) 1.6 Packet Pg. 44 Attachment: Nathaniel Budd (7507 : Councilmember Vacancy Interviews) 1.6 Packet Pg. 45 Attachment: Nathaniel Budd (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 46 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 47 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 48 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 49 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 50 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 51 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 52 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.7 Packet Pg. 53 Attachment: Joseph Somodi III (7507 : Councilmember Vacancy Interviews) 1.8 Packet Pg. 54 Attachment: Christopher Staten (7507 : Councilmember Vacancy Interviews) 1.8 Packet Pg. 55 Attachment: Christopher Staten (7507 : Councilmember Vacancy Interviews) 1.8 Packet Pg. 56 Attachment: Christopher Staten (7507 : Councilmember Vacancy Interviews) 1.8 Packet Pg. 57 Attachment: Christopher Staten (7507 : Councilmember Vacancy Interviews) 1.8 Packet Pg. 58 Attachment: Christopher Staten (7507 : Councilmember Vacancy Interviews) 1.8 Packet Pg. 59 Attachment: Christopher Staten (7507 : Councilmember Vacancy Interviews) 1.9 Packet Pg. 60 Attachment: Richard Cress (7507 : Councilmember Vacancy Interviews) 1.9 Packet Pg. 61 Attachment: Richard Cress (7507 : Councilmember Vacancy Interviews) 1.9 Packet Pg. 62 Attachment: Richard Cress (7507 : Councilmember Vacancy Interviews) 1.9 Packet Pg. 63 Attachment: Richard Cress (7507 : Councilmember Vacancy Interviews) 1.9 Packet Pg. 64 Attachment: Richard Cress (7507 : Councilmember Vacancy Interviews) 1.9 Packet Pg. 65 Attachment: Richard Cress (7507 : Councilmember Vacancy Interviews) DATE: STAFF: January 2, 2019 Ginny Sawyer, Policy and Project Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Keep Fort Collins Great Sunset. EXECUTIVE SUMMARY The purpose of this work session is to present Council with options for renewing/maintaining Keep Fort Collins Great revenue once the 0.85 tax sunsets on December 31, 2020. April 2019 is the anticipated election for a potential ballot related question to address funding needs. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council have a preferred option? 2. What additional information does Council need going forward? BACKGROUND / DISCUSSION Since 2011, KFCG has funded basic operations and enabled the City to both maintain a desired level of service and respond to community desires in an environment of population growth and annual inflation. The revenues from this tax are, by ballot, distributed to the following areas: 33% Street Maintenance and Repair 17% Other Transportation Needs 17% Police Services 11% Parks and Recreation 11% Other Community Priorities 11% Poudre Fire Authority Prior to the 2020 sunset of KFCG, and before building the 2021-22 budget, the City would like to fully engage the community in the decision of how to fund current service levels or make alternative plans for a lower service level at a lower cost. If the desire is to replace KFCG funds in full this can be achieved through a dedicated tax, an increase to the on-going base rate, or a combination of these. If City Council or the community decide NOT to replace KFCG revenue in full, then reduced levels of service from the general fund will need to be identified during the 2020 budget process for 2021-2022 budgets. Options The following options are based on Council and community conversations. Option A - Renew ▪ This option is a straight renewal of the existing tax although a change in term (5, 10, 15, 20 years) could be considered. 2 Packet Pg. 66 January 2, 2019 Page 2 Option B - Base rate increase and a dedicated tax This option includes: ▪ A 0.6% increase to the base sales and use tax rate. The 0.6% amount covers current level KFCG contributions for Police, Streets, Fire, and Parks and Recreation programs and services. ▪ A 0.25% dedicated sales and use tax to be split between All Modes of Transportation (0.15%) and Sustainability (0.1%.) All Modes of Transportation would include sidewalks, bicycling, and road infrastructure as well as transit services. Sustainability would include Economic, Environmental, and Social Health programs and services. Option C - 0.85% added to the base sales and use tax rate with a 20-year guarantee of current KFCG level support This option would be a one-time vote to increase the base rate tax by 0.85%. Ballot language would be drafted to ensure current levels of KFCG support would be maintained in the existing program areas for a period of 20 years. After 20 years general fund revenue would continue to be prioritized by Council and the community to address needs and desires through a normal budgeting process. COMBINATIONS FOR SAME REVENUE Base Rate Total (GF) Base Rate Increase % Dedicated A Renew as dedicated 2.25 0 0.85 B Base & Dedicated 2.85 0.60 0.15 Transportation 0.10 Sustainability C Renew into Base 3.10 0.85 Guarantee 20-year period of KFCG level support Outreach Staff has been heavily engaged in public outreach on this topic since September. Specific outreach has included: Boards and Commissions Business/Community Groups Other Meetings • Economic Advisory Commission • Women’s Commission • Golf Board • Parks and Recreation Board • Zoning Board of Appeals • Downtown Development Authority • Air Quality Board • Transportation Board • Housing Catalyst Board • Affordable Housing Board (Jan 3) • Land Conservation and Stewardship Board (Jan 9) • Senior Advisory Board (Jan 9) • CDBG Commission (Jan 9) • Commission on Disability (Jan 10) • Human Relations • Campus West Merchants • UniverCity Connections • Visit Fort Collins Board • North Fort Collins Business Association • Fort Collins Chamber Legislative Committee • Downtown Business Association (Board & Members) • Leadership Fort Collins (Jan 10) • Six open meetings (one in each Council district) • Three open meetings for January 2, 2019 Page 3 Commission (Jan 10) All of these events have included background information and data related to KFCG and City financial information over time. The general questions put to these groups focused on “do residents like the current level of service they experience, and do they feel the service is provided at the right price.” Discussions also focus on the functions and specifics of base rate and dedicated taxes. In general, feedback highlights include: • Overall support for replacing all revenue. • Overall support for an increase to the base rate (particularly to cover police, streets, and fire.) • City revenue and expense is a challenging conversation for the public to be able to provide specific revenue options. • A majority of participants like the level of service with limited suggestions for where to reduce. A general open meeting has been scheduled for Thursday, January 10 at the Senior Center from 6-7:30 pm to present and discuss these options and any outcomes of the work session. Next Steps • January 22 work session • February 5 regular meeting- Last day to refer language for April ATTACHMENTS 1. Powerpoint presentation (PDF) 2 Packet Pg. 68 1 City Council Work Session January 2, 2018 Keep Fort Collins Great-2020 Sunset ATTACHMENT 1 2.1 Packet Pg. 69 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Direction Sought 1. Does Council have a preferred option?? 2. What additional data does Council need on January 22? 2 2.1 Packet Pg. 70 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Background § Since 1982, on-going sales tax rate = 2.25% § 3 dedicated ¼-cent taxes: § Street Maintenance § Capital Improvement § Open Space § Keep Fort Collins Great § .85% § 10-year sunset (2011-2020) Local Total: 3.85% 3 2.1 Packet Pg. 71 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Keep Fort Collins Great Breakdown/Total 2011-18: • 33% Street Maintenance and Repair- $65M (~9M/annual) • 17% Other Transportation Needs- $32M ~4.5M/annual) • 17% Police Services- $32M (~4.5M/annual) • 11% Parks and Recreation- $22M (~3M/annual) • 11% Poudre Fire Authority- $21M (~3M/annual) • 11% Other Community Priorities- $22M (~3M/annual) • Annual Spending and Efficiency reports: fcgov.com/kfcg 4 2.1 Packet Pg. 72 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) KFCG Sunset Key Elements § KFCG revenue can be replaced in full or at another amount. § Base rate can be increased § Dedicated tax can be created § If the desire is to NOT replace KFCG revenue in full reduced levels of service from the general fund will need to be identified during the 2020 budget process. Council direction to date: § No additional tax on groceries § Don’t increase total tax burden 5 2.1 Packet Pg. 73 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Outreach § Boards & Commissions § Business Groups § Open Meetings § Community Issue Forum § CityWork Alums Do you like the current level of service you experience as a resident? Is the price right? 6 2.1 Packet Pg. 74 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Options COMBINATIONS FOR SAME REVENUE Base Rate Total (GF) Base Rate Increase % Dedicated A Renew as Dedicated 2.25 0 0.85 B Base & Dedicated 2.85 0.60 0.15 Transportation 0.10 Sustainability C Renew into Base 3.10 0.85 Guarantee 20-year period of KFCG level support 7 2.1 Packet Pg. 75 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Timeline § January 10 Public Meeting § January 22 Work Session § Last Day to Refer Ballot language- February 5, 2019 § Election-April 2, 2019 8 2.1 Packet Pg. 76 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) Direction Sought 1. Does Council have a preferred option? 2. What additional data does Council need on January 22? 9 2.1 Packet Pg. 77 Attachment: Powerpoint presentation (7505 : Keep Fort Collins Great Sunset) CityWork Alumni • Poudre Fire District Board • Coloradoan Editorial Board 2 Packet Pg. 67 WALL U- FACTORb FLOOR U- FACTOR BASEMENT WALL U-FACTOR CRAWL SPACE WALL U- FACTOR 1 Nonelectric heat 0.50 0.30 0.75 0.55 0.035 0.026 0.082 0.060 0.197 0.082 0.064 0.033 0.360 0.050 0.477 0.055 2 Electric heat 0,40 0.30 0.65 0.55 0.030 0.026 0.082 0.048 0.165 0.060 0.064 0.033 0.360 0.050 0.477 0.055 4 except Marine 0.35 0.55 0.026 0.057 0.098 0.047 0.059 0.065 5 and Marine 4 0.32 0.55 0.26 0.057 0.082 0.033 0.050 0.055 6 0.32 0.55 0.026 0.048 0.060 0.033 0.050 0.055 7 and 8 0.32 0.55 0.026 0.048 0.057 0.028 0.050 0.055 11.3 Packet Pg. 306 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) & DEPTH CRAWLc SPACE WALL R- VALUE 1 Non- Electric heat NR 0.30 0.75 0.55 0.25 NR 30 49 13 20 or 13 + 5 3/4 13/17 13 30 0 10/13h 15/19i 0 10,2 ft 0 10/13j 15/19i 2 Electric heat 0.40 0.30 0.65 0.55 0.25 NR 38 49 13 20+5 4/6 15/19 13 30 0 15/19 0 10,3 ft 0 15/19 3 0.32 0.55 0.25 38 20 or 13 + 5h 8/13 19 5/13f 0 5/13 4 except Marine 0.32 0.55 0.40 49 20 or 13 _ 5h 8/13 19 10/13 10, 2ft 10/13 5 and Marine 4 0.32 0.55 NR 49 20 or 13 + 5h 13/17 30q 15/19 10, 2ft 15/19 6 0.32 0.55 NR 49 20 + 5 or 13 + 10h 15/20 30q 15/19 10, 4ft 15/19 7 and 8 0.32 0.55 NR 49 20 + 5 or 13 + 10h 19/21 38q 15/19 10, 4 ft 15/10 For SI: 1 foot = 304.8 mm. NR = Not Required. 11.3 Packet Pg. 305 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) OD HAZA RDSg AIR FREE ZING INDEX i MEA N ANN UAL TEM Pj Spe edd (m ph) Topogra phic effect sk Special wind regio nl Windb orne debris zonem Weather inga Frost line dep thb Termit ec — — — — — — — — — — — — — — M A N U A L J D E S I G N C R I T E R I A n Elevation Lattitud e Win ter heati ng Su m m er co oli ng Altitu de correctio n factor Indoor desig n temp eratur e Desi gn temperatur e cooling Heating tempe rature differe nce — — — — — — — — Cooling temperature difference Wind velocity heating Wind velo city cooli ng Coi nci de nt we t bul b D a i l y r a n g e Wi nter hum idity S u m m e r h u m i d i t y — — — — — — — — — For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(4). The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652. b. column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(5)A]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. 11.3 Packet Pg. 283 Attachment: Ordinance No. 151, 2018 (IRC) (7511 : SR 149, 151 174-IRC and Plumbing Code) Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7511 : SR 149, 151 174-IRC and Plumbing Code) Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) 1 Packet Pg. 112 Attachment: Exhibit A (7496 : Traffic Maintenance on State Highways CDOT IGA - RESO) e 5 %$77,168/$7,21$1' :22'6758&785(%(/2: 5()675 / 522)*(1(5$/127(6 9(5,)<$//(;,67,1*522)$66(0%/,(6$1'&21',7,216$6 5(48,5(' 9(5,)< &225',1$7($//',0(16,216:,7+(;,67,1* &21',7,216 127,)<$5&+,7(&7,00(',$7(/<:,7+$1<',6&5(3(1&,(6 5(*$5',1*7+(&2175$&7'2&80(176 5 (;,67,1*522)725(0$,1 5 ,168/$7('*/$=,1*,1$/801,080)5$0(6<67(0 9(1'256833/,(' 6<67(0127(6:6 :$//6 '(21'(6,*1$7,21 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:$//02817('0,5525  522)9(173(1(75$7,216 5()0 3  522)'5$,1 29(5)/2:6&833(56 5()0 3  (;522)'5$,1725(0$,1  (;522)'5$,1'(02  *<3%2$5'%8/.+($'  $77,&$&&(663$1(/$65(48,5('  ,168/$7('52//,1**5,//(  6(&85,7<*$7(  )2/',1*3$57,7,21:$//  /2&.(56  /,9,1*:$//%2 9(5,)< &225'$//5(48,5(0(176  (/(&75,&$/3$1(/ 5()(/(&75,&$/  )/225'5$,1 5()3/80%,1*'5:*  0236,1. 5()3/80%,1*  '5,1.,1*)2817$,1 5()3/80%,1*  (;,67,1*(48,30(17 5()0(&+$1,&$/  1(:0(&+$1,&$/(48,30(17 5()0(&+$1,&$/  )8785(393$1(/6  522)/,1($%29(  /,*+778%(6  79021,725 4.1 Packet Pg. 101 Attachment: Diagrams (7501 : Visitor's Center Appropriation)  )257&2//,16&2 7+(*$5'(1621635,1* &5((. $  5(1'(5,1*6 &,7<2))257&2//,16 &(175($9( )257&2//,16&2 4.1 Packet Pg. 99 Attachment: Diagrams (7501 : Visitor's Center Appropriation) (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.. 1.2 Packet Pg. 39 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) 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 1.2 Packet Pg. 38 Attachment: Ordinance No. 150, 2018 (IECC) (7510 : SR 150, 152-156 I-Codes) Attachment: First Reading Agenda Item Summary, December 18, 2018 (w/o attachments) (7510 : SR 150, 152-156 I-Codes)