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HomeMy WebLinkAboutOrdinance No. 220, 2025 - 1 - ORDINANCE NO. 220, 2025 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE PURPOSE OF ADOPTING THE 2025 COLORADO WILDFIRE RESILIENCY CODE AND APPENDICES, WITH AMENDMENTS A. The unrestricted use of property in wildland -urban interface areas is a potential threat to life and property from fire and resulting erosion . B. On July 1, 2025, the Wildfire Resiliency Code Board (“Board”) created in Colorado Revised Statutes 24-33.5-1236(2), within the Division of Fire Prevention and Control in the Colorado Department of Public Safety, adopted the 2025 Colorado Wildfire Resiliency Code (“CWRC”) at 8 Code of Regulations Colorado 1507-39(3). C. The CWRC establishes minimum regulations to safeguard life and property from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to provide adequate fire protection facilities to control the spre ad of fire in wildland-urban interface areas. D. Colorado Revised Statutes Section 24-33.5-1237(2)(a), as amended by Colorado Senate Bill 25-142, requires any governing body with jurisdiction in an area within the wildland-urban interface that has authority to adopt building codes to adopt a code that meets or exceeds the minimum standards set forth in the CWRC within nine months of its adoption by the Board. E. The City of Fort Collins has jurisdiction in an area within the wildland-urban interface and has authority to adopt building codes; therefore, the City is required to adopt a code meeting or exceeding the standards set forth in the CWRC. F. The CWRC is an adaptation of Chapters 1, 2, 3, and 5 of the 2024 International Wildland Urban Interface Code, published by the International Code Council. G. The City is concurrently adopting, with local amendments, the 2024 publications of the following ten other interconnected basic construction codes published by the International Code Council: 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, Internationa l Existing Building Code, International Plumbing Code, and the International Fire Code. H. The CWRC is also intended to be interconnected with these basic construction codes. I. 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 2025 Colorado Wildfire Resiliency Code be adopted, with local amendments as set forth in this Ordinance. - 2 - J. Pursuant to the City Charter Article II, Section 7, City Council may enact any ordinance which adopts a code by reference in whole or in part provided that before adoption of such ordinance the Council hold a public hearing thereon and that notice of the hearing shall be published twice in a newspaper of general circulation published in the City, with one of such publications occurring at least eight (8) days preceding the hearing and the other publication occurring at least fifteen (15) days preceding the hearing. K. 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. L. 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. Chapter 5 of the City of Fort Collins is hereby amended by the addition of a new Article IX, which reads in its entirety as follows: CHAPTER 5 Article IX. Wildfire Resiliency Standards Sec. 5-370. 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, there is hereby adopted by reference as the wildfire resiliency code of the City, for the purposes of safeguarding life and property from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and mitigating structure fires from spreading to wildland fuels, the 2025 Colorado Wildfire Resiliency Code, published by the Division of Fire Prevention and Control in the Colorado Department of Public Safety on June 1, 2025, and its referenced standards for the construction and maintenance of all property, buildings, and structures. Except as to any portion of this wildfire resiliency code that is hereinafter amended by the City in this Chapter, this wildfire resiliency code shall include all articles and appendices in the 2025 Colorado Wildfire Resiliency Code. The wildfire resiliency code is adopted and incorporated fully as if set forth at length her ein and the provisions shall be controlling within the City. - 3 - Sec. 5-371. Amendments and Deletions to the 2025 Colorado Wildfire Resiliency Code. The 2025 Colorado Wildfire Resiliency Code as adopted in § 5-370 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 Colorado Wildfire Resiliency Code as adopted by the City of Fort Collins, hereinafter referred to as “this code.” 2. Section 102.9 Historic Structures is amended to read as follows: 102.9. Historic Structures. A modification is authorized to be issued for the repair or rehabilitation of a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the modification is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 3. Section 102.9.1 Historic preservation exemption is deleted in its entirety. 4. Section 102.10 Work exempt from permit under this code is amended to read as follows: 102.10 Work exempt from permit under this code. Exemptions from code requirements 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 the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet compared to the condition of the structure on April 1, 2026, as determined based on city and county records. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected compared to the condition of the exterior walls on April 1, 2026, as determined based on city and county records. - 4 - 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected compared to the condition of the exterior roof covering on April 1, 2026, as determined based on city and county records. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and Miscellaneous Group U (including Agricultural Structures) located more than 50 feet from a structure containing occupiable or habitable space. 9. Fences located more than 8 feet from a habitable structure. 10. Any thirty-five acre parcel with only one residential structure on it that does not abut a residential or commercial area. 5. SECTION 103—CODE COMPLIANCE AGENCY is deleted in its entirety and replaced with the following: SECTION 103—CODE COMPLIANCE AGENCY 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.” 6. Section 105.2 Conformance is amended to read as follows: 105.2 Conformance. Temporary uses, equipment and systems shall conf orm to the requirements of this code and all other applicable local, state and federal regulations, as necessary to ensure health, safety and general welfare. 7. Section 106.1 General is deleted in its entirety and replaced with the following: 106.1 Fees. All items relating to fees shall be as specified in Section 109 of the adopted International Building Code, entitled “FEES.” 8. Section 202 Definitions is amended to modify, or add, the following definitions in alphabetical order: . . . - 5 - AUTHORITY HAVING JURISDICTION (AHJ). The City Council of the City of Fort Collins. . . . CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official’s authorized representative. The term code official is interchangeable with the term building official. . . . 9. Section 301.1 Scope is amended to read as follows: 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the Colorado Wildfire Resiliency State Code Map (CWRC Map), developed and amended from time to time by the Division of Fire Prevention and Control within the Colorado Department of Public Safety and the Colorado State Forest Service at the direction of the Colorado Wildfire Resiliency Code Board, to be regulated by this code. 10. Section 302.1 Declaration is amended to read as follows: 302.1 Declaration. The AHJ shall declare the wildland-urban interface areas within the jurisdiction as defined by this code. The wildland-urban interface areas shall be based on the CWRC Map. 11. Section 401.1 Scope is amended to read as follows: 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater tha n or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected compared to the condition of the exterior walls on April 1, 2026, as determined based on city and county records. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface - 6 - area of the exterior roof covering or an attachment thereto is affected compared to the condition of the exterior roof covering on April 1, 2026, as determined based on city and county records. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet compared to the condition of the structure on April 1, 2026, as determined based on city and county records. 7. Modifications may be considered for structures older than 50 years, if otherwise required to meet the standards in Chapter X of the City Code to protect identified historic resources. Additional site and area re quirements may be needed to offset approved modifications and lower fire risk. 12. Section 502.1.2 Materials is deleted in its entirety. 13. Section 502.1.3 Plantings is deleted in its entirety. 14. Section 502.1.4 Trees is deleted in its entirety. 15. Section 503.2.4 Trees is deleted in its entirety. 16. Section 503.2.4.1 Tree Spacing is deleted in its entirety. 17. Section 503.2.5 Shrubs is deleted in its entirety. 18. Section 503.3.2 Tree Spacing is deleted in its entirety. 19. Section C101.3.7 Violation penalties is deleted in its entirety and replaced with the following: C101.3.7 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. Section 2. 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. Section 3. 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 - 7 - facilitate publication in the Fort Collins City Code; provided, however, that such modifications and amendments shall not change the substance of the Code provisions. Section 4. Violations of Article XI of Chapter 5 of the Code of the City of Fort Collins, set forth above, shall be subject to enforcement on or after April 1, 2026, shall be subject to enforcement. 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. 220, 2025