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HomeMy WebLinkAboutOrdinance No. 214, 2025- 1 - ORDINANCE NO. 214, 2025 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 2021 INTERNATIONAL EXISTING BUILDING CODE AND ADOPTING THE 2024 INTERNATIONAL EXISTING BUILDING CODE, WITH AMENDMENTS A. Since 1924, the City has reviewed, amended and adopted the latest nationally recognized building standards available for the times. B. Upon recommendation of City staff, the City Council has determined that it is in the best interests of the City to align eleven interconnected basic construction codes under one publication year. C. The eleven interconnected basic construction codes are the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Energy Conservation Code, International Property Maintenance Code, International Swimming Pool and Spa Code, International Existing Building Code, International Plumbing Code, International Fire Code, and the International Wildland-Urban Interface Code to the extent adopted by the Colorado Wildfire Resiliency Code. D. The City Council has determined that the 2024 publication year of these interconnected basic construction codes ought to be adopted and that any counterpart International codes previously adopted should be repealed, both to align the publication years of the codes and because the 2024 publications contain improvements in construction code regulation. E. City staff has conducted a significant public outreach program, working with the regulated construction industry and building professionals. F. The adoption of the interconnected basic construction codes has been presented to community groups and feedback has been received from the Water Commission, Energy Board, Commission on Disability, Natural Resources Advisory Board, Poudre Fire Authority Board, Building Review Commission, Affordable Housing Board, and Air Quality Advisory Board. G. The City Council has determined that it is in the best interests of the health, safety and welfare of the City and its residents that the 2024 International Existing Building Code be adopted, with local amendments as set forth in this Ord inance. H. Pursuant to the City Charter, Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in the newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the - 2 - hearing and the other publication occurring at least fifteen (15) da ys preceding the hearing. I. In compliance with City Charter, Article II, Section 7, the City Clerk published in the Fort Collins Coloradoan such notice of hearing concerning adoption of the 2024 International Codes on November 16, 2025, and November 23, 2025. J. Attached as Exhibit A and incorporated herein by reference is the Notice of Public Hearing dated November 16, 2025, that was so published and which the Council hereby finds meets the requirements of Article II, Section 7 of the City Charter. In light of the foregoing recitals, which the Council hereby makes and adopts as determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The City Council hereby repeals the 2021 International Existing Building Code (“IEBC”) and adopts the 2024 IEBC as amended by this Ordinance. Section 2. Section 5-32 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-32. Adoption of standards. Pursuant to the power and authority conferred on the City Council by Colorado Revised Statutes Section 31-16-202 and Article II, Section 7 of the Charter, the City Council has adopted the 2024 International Existing Building Code, published by the International Code Council, second printing (July 2024), 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 2024 International Existing Building Code 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. Section 5-33 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: Sec. 5-33. Amendments and deletions to the 2024 International Existing Building Code. The 2024 International Existing Building Code adopted in § 5-32 is amended as follows: 1. Section 101.1 Title is amended to read as follows: 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Fort Collins, herein-after referred to as “this code.” - 3 - 2. Section 102.4 Referenced codes and standards is amended to read as follows: 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Section 101.4 of the adopted International Building Code, entitled “Referenced Codes”, and shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall govern. 3. SECTION 103 CODE COMPLIANCE AGENCY is deleted in its entirety and replaced with the following: SECTION 103 CODE ADMINISTRATION 103.1 Entity charged with code administration. The entity charged with code administration shall be as determined in accordance with Section 103 of the adopted International Building Code, entitled “Code Administration.” 4. Section 104.2.4.1 Flood hazard areas is deleted in its entirety and replaced with the following: 104.2.4.1 Flood hazard areas. For existing buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted as established in accordance with Chapter 10 of the City Code, entitled “Flood Prevention and Protection.” 5. Section 105.3.2 Time limitation of application is amended to read as follows: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Applications that have been deemed abandoned for 30 days or more will be considered void, unless the building official determines, in their reasonable discretion, that an extension of no more than 180 days should be allowed due to conditions beyond the applicant’s control. 6. SECTION 108 FEES is deleted in its entirety and replaced with the following: - 4 - SECTION 108 FEES 108.1 Payment of fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “Fees.” 108.2 Work commencing before permit issuance. All items related to work commencing before permit issuance shall be made pursuant to the applicable provisions of Section 109.2 of the adopted International Building Code, as amended. 7. SECTION 112 MEANS OF APPEALS is deleted in its entirety and replaced with the following: SECTION 112 MEANS OF APPEALS 112.1 General. Appeals of decisions, determinations and interpretations of this code shall be made pursuant to the applicable provisions of Section 113 of the adopted International Building Code, entitled “MEANS OF APPEALS.” 8. Section 113.4 Violation Penalties is deleted in its entirety and replaced with the following: 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 erects, constructs, alters or repairs 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, commits a civil infraction and is subject to the provisions contained in § 1-15(f) of the City Code. Each day that a violation continues shall be deemed a separate offense. 9. A new Section 302.6 Restroom signage is added to read as follows: 302.6 Restroom signage. Any alteration to a single user restroom that requires a building permit shall be provided with gender-neutral signage. 10. Section 703.1 General is amended to read as follows: 703.1 General. Alterations shall be done in a manner that maintains the level of fire protection required. 11. Section 708.1 Minimum requirements is deleted in its entirety and replaced with the following: 708.1 Minimum requirements. The scope of work in Level 1 alterations shall conform to the energy requirements of the International Energy Conservation Code. Existing building area not affected by the alteration is not required to comply - 5 - with the energy requirements of the International Energy Conservation Code except where the space undergoes a change of occupancy that would result in an increase in demand for either fossil fuel or electrical energy per Section C505 or R505 of the International Energy Conservation Code. 12. Section 809.1 Minimum requirements is deleted in its entirety and replaced with the following: 809.1 Minimum requirements. The scope of work in Level 2 alterations shall conform to the energy requirements of the International Energy Conservation Code. Existing building area not affected by the alteration is not required to comply with the energy requirements of the International Energy Conservation Code except where the space undergoes a change of occupancy that would result in an increase in demand for either fossil fuel or electrical energy per Section C505 or R505 of the International Energy Conservation Code. 13. Section 907.1 Minimum requirements is deleted in its entirety and replaced with the following: 907.1 Minimum requirements. The scope of work in Level 3 alterations shall conform to the energy requirements of the International Energy Conservation Code. Existing building area not affected by the alteration is not required to comply with the energy requirements of the International Energy Conservation Code except where the space undergoes a change of occupancy that would result in an increase in demand for either fossil fuel or electrical energy per Section C505 or R505 of the International Energy Conservation Code. 14. Section 1103.3 Flood hazard areas is deleted in its entirety and replaced with the following: 1103.3 Flood hazard areas. For buildings or structures regulated under the scope of this code that are in whole or in part located in flood hazard areas, construction documents shall be submitted as established in accordance with Chapter 10 of the City Code, entitled “Flood Prevention and Protection.” 15. Appendix E TEMPORARY EMERGENCY USES is adopted in its entirety, and is amended to read as follows: APPENDIX E TEMPORARY EMERGENCY USES SECTION E101 GENERAL E101.1 Scope. The provisions of this appendix shall apply to the use, installation, alteration, relocation and location of existing buildings and any service utilities or systems that serve such existing buildings during or based on the response to the emergency and the use of a community based shelter or seasonal overflow shelter. - 6 - . . . E101.1.2 Temporary use. Where temporary uses during emergencies exceed 180 days, judgement shall be used by the code official to allow for temporary uses and conditions to continue for the duration of the emergency based on the needs of the emergency. The code official is authorized to grant extensions for demonstrated cause. Temporary use as a community based shelter or seasonal overflow shelter may not exceed 180 days in a 12 month period. SECTION E102 DEFINITIONS E102.1 General. The following words and terms shall, for the purposes of this appendix, have the meanings shown herein. Refer to Chapter 2 of this code for general definitions. . . . COMMUNITY BASED SHELTER. An accessory use to a facility owned and operated by a place of worship, public benefit corporation as defined by the Colorado Revised Statutes, or a tax exempt corporation as defined by Section 503 of the U.S. Internal Revenue Code, that provides overnight accommodations on a temporary basis for a maximum of fifteen (15) persons. . . . SEASONAL OVERFLOW SHELTER. A homeless shelter that allows persons experiencing homelessness to stay on its premises overnight from the beginning of November through the end of April the following year, unless, because of inclement weather, specific and limited exceptions to such seasonal limitations are granted by the code official. Community based shelter services are exempt from this definition. . . . SECTION E105 PERMITS . . . E105.2 Community based shelter and seasonal overflow shelter permits. Any owner or owner’s authorized agent who intends to use a building or structure for the purposes of a community based shelter or seasonal overflow shelter, shall first submit an application to the code official and obtain the required permit. SECTION E106 GENERAL STANDARDS . . . - 7 - E106.2 Intent. The intent of this section is to provide a reasonable level of safety in a structure repurposed for emergency use or use as a community based shelter or seasonal overflow shelter. . . . E106.4.2 Training and practice drills. Training of staff and practice drills shall comply with Sections 405 and 406 of the International Fire Code. Structures in place for longer than 30 days shall conduct evacuation drills in accordance with Section 405.3 of the International Fire Code based on the temporary use as determined by the Fire Code Official. E106.4.3 Fire protection. An evaluation shall be performed to decide on fire protection needed utilizing NFPA 550 as determined by the Fire Code Official. . . . E106.5 Means of egress. Means of egress shall comply with Section 1011.5, in addition to Sections E106.5.1 through E106.5.4. Exception: In Group I-2 occupancies, in areas where corridors are used for movement of care recipients in beds, the clear width of ramps and corridors shall be not less than 48 inches (1219 mm). . . . E106.5.4 Egress width. A 4-foot-wide exit aisle shall be maintained throughout the entire sleeping area to the exit(s). Exit aisles shall be always maintained unobstructed and free of trip hazards. . . . E106.7.1 Portable heating, cooling and cooking equipment. Portable heating, cooling and cooking equipment shall not be used in community based shelters or seasonal overflow shelters. Portable heating, cooling and cooking equipment for emergency use shall be used in accordance with the International Fire Code, their listing and manufacturer’s instructions. E106.8 Posting. During hours of operation, signage indicating that the building or structure is occupied shall be posted outside the building, in a location approved by the Fire Code Official. E106.9 Existing violations. All existing building and fire code violations must be corrected prior to issuance of a temporary certificate of occupancy. . . . Section 4. The codifier of the Code of the City of Fort Collins is hereby directed to amend all existing cross references in the City Code and the Land Use Code in accordance with the provisions of this ordinance. - 8 - Section 5. The City Attorney and the City Clerk are hereby authorized to modify the formatting and to make such other amendments to this Ordinance as necessary to facilitate publication in the Fort Collins City Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Introduced, considered favorably on first reading on December 2, 2025, and approved on second reading for final passage on December 16, 2025. ______________________________ Mayor ATTEST: ______________________________ City Clerk Effective Date: December 26, 2025 Approving Attorney: Madelene Shehan Exhibit: Exhibit A – Notice of Publication NOTICE OF PUBLIC HEARING NOTICE is hereby given of a public hearing to be held before the Council of the City of Fort Collins,Colorado,on the 2nd day of December,2025,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 that adopt by reference the 2024 International Building Code,2024 International Residential Code,2024 International Energy Conservation Code,2024 International Mechanical Code,2024 International Fuel Gas Code,2024 International Existing Building Code,2024 International Swimming Pool and Spa Code,2024 International Property Maintenance Code,and the 2024 International Plumbing Code,each promulgated by the International Code Council,the 2023 National Electrical Code and the 2025 Colorado Wildfire Resiliency Code,together with local amendments. Not less than one (I)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 adopting the International Building Code,International Residential Code, International Energy Conservation Code,International Mechanical Code,International Fuel Gas Code,International Existing Building Code,International Swimming Pool and Spa Code, International Property Maintenance Code,International Plumbing Code,National Electrical Code, and the Colorado Wildfire Resiliency Code,with local amendments by said ordinances is to provide for protection of public health,safety and welfare of the City and its residents. Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/i/98241416497.(The link and instructions are also posted www.fc ov.com/councilcomments.Individuals participating in the Zoom session should watch the meeting through that site,and not via FCTV,due to the streaming delay and possible audio interference. 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 (970)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 this /4 day of __________2025. ~ City ~rk Upon request,the City of Fort Collins will provide language access services for individuals who have limited English proficiency,or auxiliary aids and services for individuals with disabilities,to access City services,programs and activities.Contact (970) 221-65 15 (VITDD:Dial 711 for Relay Colorado)for assistance.Please provide 48 hours advance notice when possible. A peticiOn,Ia Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés,o ayudas y servicios auxiliares para personas con discapacidad,para que puedan acceder a los servicios,programas y actividades de Ia Ciudad.Para asistencia,llame al 970.221.6515 (V/TDD:Marque 711 para Relay Colorado).Por favor proporcione 48 horas de aviso previo cuando sea posible. EXHIBIT A TO ORDINANCE NO. 214, 2025