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ORDINANCE NO. 10466
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV OF
THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING
REGULATIONS AND ADOPTING THE 2021
INTERNATIONAL BUILDING CODE, THE 2021
INTERNATIONAL ENERGY CONSERVATION CODE, AND
THE 2021 INTERNATIONAL EXISTING BUILDING CODE,
ALL PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL, INC., AND PROVIDING PENALTIES AND
REMEDIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that (brackets indicate
matter being deleted; underscoring indicates matter being added):
SECTION 1.
Section 1 of Chapter 2, Title IV of the Pueblo Municipal Code is hereby amended
to read as follows:
Sec. 4-2-1. International Building Code; adoption by reference.
(a) The International Building Code, 20\[15\]21 edition, promulgated and
published by the International Code Council, Inc., 4051 \[West\]Flossmoor Road, Country
Club Hills, IL 60478, together with the following Appendices: Appendix C (Group U
Agricultural Buildings); Appendix H (Signs); and Appendix I (Patio Covers), hereinafter
collectively referred to as the "International Building Code" or "I.B.C.," together with the
minor codes entitled "International Energy Conservation Code," 20\[15\]21 Edition,
promulgated and published by the International Code Council, Inc., 4051
\[West\]Flossmoor Road, Country Club Hills, IL 60478, hereinafter referred to as the
"I.E.C.C.," and the International Existing Building Code 20\[15\]21 Edition, promulgated
and published by the International Code Council, Inc., 4051 \[West\]Flossmoor Road,
Country Club Hills, IL 60478, hereinafter referred to as the "I.E.B.C.," as amended by this
Chapter, are adopted by reference; provided, however, that Sections C\[109\]110, entitled
"Board of Appeals,” \[C405.2.3, entitled "Daylight - responsive controls," C405.2.3.1,
entitled "Daylight - responsive control functions," C405.2.3.2, entitled "Sidelight daylight
zone," and C405.2.3.3, entitled "Toplight daylight zone" of the I.E.C.C."\] and R110,
entitled “Means of Appeals” of the I.E.C.C. are not adopted and are expressly deleted. In
addition, Sections 112 entitled “Means of Appeals,”\[607\]406 entitled "Electrical,"
\[609\]408 entitled "Plumbing," 808 entitled "\[Electrical\]Plumbing”," \[810\]806 entitled
"\[Plumbing\] Electrical," \[1008\]1007 "Electrical" and \[1010\] 1009 entitled "Plumbing" of
the I.E.B.C. are expressly deleted.
(b) Copies of the I.B.C., I.E.B.C. and I.E.C.C. are available in the office of the
Pueblo Regional Building Department for distribution and sale to the public. The erection,
construction, enlargement, alteration, repair, moving, removal, demolition, conversion,
occupancy, equipment, use, height, area and maintenance of all buildings and structures
within the City shall be in compliance with the terms and provisions of this Chapter and
the I.B.C., I.E.B.C. and the I.E.C.C.
SECTION 2.
Section 2 of Chapter 2, Title IV of the Pueblo Municipal Code is hereby amended
to read as follows:
Sec. 4-2-2. Amendments, IBC and IECC.
(a) Section 103 of the I.B.C., entitled "\[Department of Building Safety\] Code
Compliance Agency," is amended to read as follows:
"103 Pueblo Regional Building Department - Enforcement Agency.
Administration and enforcement of this Code and all related and secondary codes are
hereby delegated to the Pueblo Regional Building Department. Wherever in this Code the
phrase 'building official' appears, it shall be construed to refer to the Building Official of
the Pueblo Regional Building Department or the Building Official's designated
representative. The Building Official, the Building Official's designated representatives,
and such building inspectors as the Building Official may appoint, shall be vested with the
authority of a law enforcement officer with respect to enforcing this Code and Chapter 2
of Title IV of the Pueblo Municipal Code, including the authority to issue summons and
complaints for the violation thereof."
(b) Section 103.1, entitled "Creation of enforcement agency," Section 103.2,
entitled "Appointment," and Section 103.3, entitled "Deputies," of the I.B.C. are hereby
deleted.
(c) Subsection 105.2 of the I.B.C., entitled "Work exempt from permit," Number
(9) is amended to read as follows:
"9. Prefabricated swimming pools accessory to a Group R-3 occupancy and are
installed entirely above ground."
(d) Section 105 of the I.B.C., entitled "Permits," is amended by the addition of
Subsection 105.8 to read as follows:
"105.8 Issuance of permit. A building permit shall be issued only to the contractor
performing the work covered by the contract between the owner and the contractor. Such
permit shall be delivered only to the contractor or the contractor's authorized
representative(s). If any portion of the work is excluded from the contract, the application
or permit shall state the portions so excluded. If the contractor is discharged or abandons
the work, the contractor shall immediately notify the building official in writing. No further
work shall be performed until a successor contractor has been selected who shall notify
the building official in writing of the contractor's selection to complete the work."
(e) Subsection 107.1 of the I.B.C., entitled "General" is amended by the
addition of the following paragraph:
"Construction documents will also include all plans and specifications, drawings,
diagrams, calculations, computations, reports, specifications and other necessary data to
complete the habitable structure, along with the necessary code study to compare and
delineate the occupancy use and fire-resistive type of construction within the I.B.C. Each
set of plans and specifications shall bear the stamp or seal and signature of an engineer
or architect licensed under Title 12 of the Colorado Revised Statutes and in accordance
with Sections \[12-25-117\]12-120-216 and \[12-25-317\]12-120-417, C.R.S.,
respectively."
(f) Subsection 109.2 of the I.B.C., entitled "Schedule of permit fees," is
amended by the addition of two (2) new subsections, 109.2.1 and 109.2.2, to read as
follows:
"109.2.1 Permit fees. The fee for each permit shall be as established in the fee
schedule adopted by the City Council by resolution.
\["\]109.2.2 Plan review fees. Plan review fees shall be as established in the fee
schedule adopted by the City Council by resolution."
(g) Section 111 of the I.B.C., entitled "Certificate of Occupancy," is amended
by the addition of a new Subsection 111.3.1, which shall read as follows:
"111.3.1 Public improvement requirements for a certificate of occupancy.
Applications for building permits for buildings or structures classified in all occupancy
Groups \[A, B, E, F, H, I, M, R-1, R-2, R-4 and S\] shall be accompanied by a set of plans
or a drawing which shows all existing and proposed public improvements required by the
ordinances of the City. Such plans shall be prepared by and bear the seal of an architect
or engineer licensed to practice in Colorado. \[Applications for building permits for
buildings or structures classified in occupancy Group R-3 shall be accompanied by a set
of plans or a drawing which shows all existing and proposed public improvements
required by the ordinances of the City\].
\["\]Before any building permit is issued, all applications for building permits and
accompanying plans or drawings shall be reviewed by the Director of Public Works to
determine whether the proposed construction will require the installation or reconstruction
of public improvements. For purposes of this Section, public improvements shall include
but not be limited to street paving, curbs, gutters, sidewalks, curb ramps, drainage
facilities and the dedication of land for such purposes. Upon request, the Director of Public
Works shall provide a written statement of the public improvements that will be required
as a condition to issue a building permit and a certificate of occupancy. No certificate of
occupancy shall be issued for any structure or building until all public improvements
required by the ordinances of the City shall be constructed in full compliance with City
engineering regulations, design standards and construction specifications as adopted by
resolution of the City Council. Acceptance of required public improvements shall be
completed upon written notification signed by the Director of Public Works.
\["\] If it is determined by the Director of Public Works that any such public
improvements are necessitated by the proposed construction, a condition shall be
inserted in any building permit to be issued for such proposed construction which shall
require the dedication of such land and improvements to the City. The applicant for such
building permits, if not the owner, shall notify the owner of the requirements to dedicate
to the City such public improvements. The cost of any such improvements shall be borne
by the owner, and the construction shall be subject to the provisions of all applicable City
ordinances, resolutions, regulations and policies.
\[“\] Failure to comply with the provisions for public improvements required by this
Section shall be deemed a violation of the Building Code and shall constitute grounds for
applicable penalties as provided in Titles IV and \[IX\] XII of the Pueblo Municipal Code
and to revoke any issued certificate of occupancy or temporary certificate of occupancy."
(h) Subsection 113.3 of the I.B.C., entitled "\[Qualification\]Qualifications" is
amended to read as follows:
"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."
(i) Subsection 114.4 of the I.B.C., entitled "Violation penalties," is amended to
read as follows:
"114.4 Violation penalties. Any person, firm or corporation violating any of the provisions
of this code, upon conviction thereof, shall be punished as provided in Section 4-2-5 of
the Pueblo Municipal Code. The application of any such penalty shall not be held to
prevent the enforced removal of prohibited conditions."
(j) Subsection 116.1 of the I.B.C., entitled "Unsafe conditions \[Conditions\],"
is amended by revising the second sentence thereof to read as follows:
"All such unsafe buildings, structures, or appendages are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedures set forth in Chapter 7 of Title IV of the Pueblo Municipal
Code, entitled 'Unsafe Structures.' As an alternative, the building official or other
employee or official of the Pueblo Regional Building Department may institute any other
appropriate action to prevent, restrain, correct or abate the violation."
(k) Subsection 116.2 of the I.B.C., entitled "Record," is deleted.
(l) Subsection 116.3 of the I.B.C., entitled "Notice," is deleted.
(m) Subsection 116.4 of the I.B.C., entitled "Method of service," is deleted.
(n) Subsection 116.5 of the I.B.C., entitled "Restoration or abatement," is
deleted.
(o) Subsection 1608 of the I.B.C., entitled "Snow Loads," is amended by the
addition of a new Subsection, entitled "Table 1608.3 Pueblo County Snow Loads," as
follows:
"Table 1608.3
Pueblo County Snow Loads
Elevation (asl) Ground Snow Load (PSF)
5,300 20
5,550 23
5,800 25
6,050 27
6,300 30
6,550 33
6,800 35
7,050 38
7,300 40
7,550 41
7,800 43
8,050 44
8,300 45
8,550 46
8,800 48
9,050 49
9,300 50
9,550 51
9,800 52
10,050 54
10,300 55
10,550 56
10,800 58
11,050 59
11,300 60
(p) Subsection 1809.5 of the I.B.C., entitled "Frost protection," Number (1) is
amended to read as follows:
"1. Extending below the frost line of twenty-six (26) inches."
(q) Subsection 3001.\[2\]3, entitled “Referenced standards,” of the I.B.C. is
amended to read as follows:
"3001.\[2\]3 Referenced standards. The construction, alteration, repair, service
and maintenance of elevators and conveying systems and their components shall comply
with the statutory requirements contained in Article 5.5 of Title 9, C.R.S. ("Elevator and
Escalator Certification Act"). The administrator, as required by the Elevator and Escalator
Certification Act, has promulgated rules which, among other things, adopt the following
standards: (1) ASME A17.1, A17.3 and A18.1; and (2) ASCE 21-13 \[Parts 1, 2, 3 and 4.\]
In addition, the administrator has adopted ASME A17.2 as a guide for inspections. The
administrative rule adopting these standards is published in 7 C.C.R. 1101-8 at Section
2-2\[-1\], as amended, and the rule adopting ASME A17.2 is published in 7 C.C.R. 1101-8
at Section 2-3-1-1, as amended."
(r) Section 3103 of the I.B.C., entitled "Temporary Structures," is amended by
the addition of a new Subsection 3103.5, to read as follows:
"3103.5 Temporary office units. Temporary office units ('units') may be used
while permanent office facilities are being constructed, provided that the following
conditions are met:
"1. Units must be I.B.C.-approved or inspected and approved by an ICC certified
inspector.
"2. All required building permits for the units must be issued, and all applicable
regulations and ordinances then in effect be complied with.
"3. The units must be removed within 15 days after the permanent office facilities
have been substantially completed."
(s) \[Subsection 3109.4 of the I.B.C., entitled "Residential swimming pools," is
deleted\] Reserved.
(t) Section 3303 of the I.B.C., entitled "Demolition," is amended by the addition
of two (2) new Subsections, 3303.8 and 3303.9, to read as follows:
"3303.8 Utility removal. Unless new construction upon the site of the demolished
building is contemplated within ninety (90) days after the completion of wrecking
operations, the person wrecking the same shall remove all underground utilities to the
property line, except the water service line which shall be removed to the main. The
contractor shall provide the Pueblo Regional Building Department with proof that all
utilities have been secured in accordance with the requirements of the responsible utility
companies.
"3303.9 Final grade after demolition. After completing the demolition work, all
trash, debris, and construction materials shall be removed from the site. Excavations shall
not be backfilled with debris or construction materials, but, when approved by the building
official, existing structurally sound walls below grade and basement slabs may be left in
place. When basement slabs are to be left in place, they shall be broken up or drilled in
such manner as to allow proper drainage after they are backfilled. All holes, excavations,
basements, cellars, and similar excavations shall be filled with granular materials
thoroughly wetted and compacted, and the site left in a clean and graded condition."
(u) Appendix H, Subsection H101.2 of the I.B.C., entitled "Signs Exempt From
Permits," Number (1) is amended to read as follows:
"(1) Signs painted on the surface of a building."
(v) Appendix H, Subsection H101.2 of the I.B.C., entitled "Signs Exempt From
Permits," is amended by the addition of Exemptions (6) and (7), to read as follows:
"(6) Signs lower than six (6) feet above grade.
"(7) Paper, synthetic or other cloth-type nonrigid banners which have thirty (30)
square feet or fewer, located on private property and remain no more than sixty (60)
days."
(w) Section H103 of Appendix H of the I.B.C., entitled "Location," is amended
by the addition of new subsections H103.2, H103.2.1 and H103.2.2, entitled "Placement
or Projection Over Public Property Prohibited."
"H103.2 Placement or Projection Over Public Property Prohibited. Unless
authorized by revocable permit issued pursuant to Section 16-9 of the Charter or Section
9-10-87 or 9-10-88 of the Pueblo Municipal Code, as amended, and notwithstanding any
other provision of this code to the contrary, after the effective date of the ordinance
adopting this section, no sign permit shall be granted for, nor shall any sign be placed
upon or project over, any public street or alley. Unless authorized by revocable permit or
Section 9-10-87 or 9-10-88 of the Pueblo Municipal Code, signs shall not be erected upon
structures located within the public right-of-way. In the event any sign exists contrary to
this provision on the date of enactment of this provision, it shall be deemed a
nonconforming structure which shall be either removed or made to comply with
Subsections H103.2.1 and H103.2.2.
"H103.2.1. Signs or sign structures shall not project into a public alley below a
height of 14 feet above grade, nor project more than 12 inches when the sign structure is
located 14 feet to 16 feet above grade. The sign or sign structure may project not more
than 36 inches into a public alley when the sign or sign structure is located more than 16
feet above grade.
"H103.2.2. Signs shall not project within 2 feet of the curb line of any street or
road."
(x) Subsection H110.1 of Appendix H of the I.B.C., entitled "General," is
amended by deleting the last sentence of the first paragraph and by adding a second
paragraph, to read as follows:
"H110.1 General. Roof signs shall be constructed entirely of metal or other
approved noncombustible material except as provided for in Sections H106.1.1 and
H107.1. Provisions shall be made for electric grounding of metallic parts. Where
combustible materials are permitted in letters or other ornamental features, wiring and
tubing shall be kept free and insulated therefrom. Roof signs shall be so constructed as
to leave a clear space of not less than 6 feet (1,829 mm) between the roof level and the
lowest part of the sign and shall have at least 5 feet (1,524 mm) of clearance between the
vertical supports thereof.
Exception: Signs on flat roofs with every part of the roof accessible.
Roof signs may project over public property only if authorized by revocable permit
issued pursuant to Section 16-9 of the Charter or Section 9-10-88 of the Pueblo Municipal
Code. Roof signs may project beyond a legal setback line if complying with the
requirements specified in Section H103 and Section 17-4-31 of the Pueblo Municipal
Code."
(y) IECC Table C402.1.3, entitled “OPAQUE THERMAL ENVELOPE
INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHOD” is
amended to read as follows:
5 AND MARINE 4 5 AND MARINE 4
All other Group R
Insulation entirely R-30ci R-30ci
above roof deck
Metal buildings R-19 + R-11 LS R-19 + R-11 LS
Attic and other R-38 R-49
Walls, above grade Walls, above grade
Mass R-11.4ci R-13.3ci
Metal building R-13+13ci R-13 + R-13ci
Metal framed R-13+R7.5ci R-13 + R-7.5ci
Wood framed and other R-13 + R-3.8ci or R20 R-13 + R-7.5ci or R-20 + R-3.8ci
Walls, below grade Walls, below grade
Below-grade wall R-7.5ci R-7.5ci
Floors Floors
Mass R-10ci R-12ci
Joist/framing R-30 R-30
Slab-on-grade floors Slab-on-grade floors
Unheated slabs R-10 for 24″ below R-10 for 24″ below
Heated slabs R-15 for 36-5 R-15 for 36″ below+R-5 full slab
full slab
(z) IECC Table C402.4 entitled “Building Envelope Fenestration Maximum
U-Factor and SHGC Requirements”, is amended to read as follows:
CLIMATE ZONE 5 AND MARINE 4
Vertical fenestration Vertical fenestration
U-factor U-factor
Fixed .38
fenestration
Operable 0.45
fenestration
Entrance .77
doors
(aa) Table R402.1.2, entitled “Maximum Assembly U-Factors a and
Fenestration Requirements” of the IECC is amended to read as follows:
CLIMATE FENESTRATION SKYLIGHT GLAZED CEILING WOOD MASS FLOOR BASEMENT CRAWL
U-FENESTRATION U-FRAME WALL U-WALL SPACE
ZONE U-FACTOR f
WALL U-WALL
FACTOR SHGC d, FACTOR FACTOR U-FACTOR
U-U-
FACTOR b
FACTOR FACTOR
5 and 0.32 0.55 0.40 0.026 0.06 0.082 0.033 0.050 0.055
MARINE
4
Footnotes
a. Nonfenestration U-factors shall be obtained from measurement, calculation or an
approved source.
b. Mass wall shall be in accordance with Section 402.2.5 where more than half of the
insulation is on the interior, the mass wall U-factors shall not exceed 0.065 in Climate Zone
5 and Marine 4.
d. The SHCG column applies to all glazed fenestration.
f. A maximum U-factor of 0.32 shall apply in Climate Zone 5-8 to vertical fenestration
products installed in buildings located above 4,000 feet in elevation above sea level.
(bb) Table R402.1.3, entitled “Insulation Minimum R-Values and Fenestration
Requirements by Components” of the IECC is amended to read as follows:
CLIMATE FENESTRATION SKYLIGHT GLAZED CEILING WOOD MASS WALL FLOOR BASEMENTc,g SLABd CRAWL
ZONE U-FACTOR b, i U-FACTOR b FENESTRATION U-FACTOR FRAME U-FACTOR h U-FACTOR WALL R-VALUE SPACE
SHGC b WALL R-VALUE c,g & DEPTH d WALL
U-FACTOR g U-FACTOR
c,g
5 and 0.32 i 0.55 0.40 49 20 h or 13/17 30 15ci or 19 or 2f 15ci or 19
MARINE 13+5ci h 13&5ci or 13&5ci
4
Footnotes
a. Nonfenestration U-factors shall be obtained from measurement, calculation or an
approved source.
b. The fenestration U-factor columns excludes skylights. The SHGC applies to all
glazed fenestration.
c. “5ci or 13” means R-5 continuous insulation (ci) on the interior or exterior surface
of the wall or R-13 cavity insulation on the interior side of the wall. "10ci or 13" means R-
10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity
insulation on the interior side of the wall. "15ci or 19 or 13&5ci" means R-15 continuous
insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on
the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition
to R-5 continuous insulation on the interior or exterior surface of the wall.
d. R-5 insulation shall be provided under the full slab area of a heated slab in addition
to the required slab edge insulation R-value for slabs. as indicated in the table. The slab-
edge insulation for heated slabs shall not be required to extend below the slab.
g. 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.
h. Mass walls shall be in accordance with Section R402.2.5. The second R-value
applies where more than half of the insulation is on the interior of the mass wall.
i. A maximum U-factor of 0.32 shall apply in Climate Zones 3 through 8 to vertical
fenestration products installed in buildings located above 4,000 feet in elevation.
(cc) Section R404.1, entitled “Lighting equipment”, of the IECC is amended to
read as follows:
R404.1 Lighting equipment. Not less than 90% of all permanently installed fixtures,
excluding kitchen appliance lighting fixtures, shall contain high-efficiency lighting
sources.
SECTION 3.
Section 6 of Chapter 2, Title IV of the Pueblo Municipal Code is hereby amended
to read as follows:
Sec. 4-2-6. Protection of the public during construction or demolition.
To fully implement Section 3303 of the International Building Code, the following
additional requirements shall be applicable to all construction or demolition activities
adjacent to a public way or which require or involve any temporary occupancy of public
property for fences, walkways or other protective devices:
(1) Prior to issuance of any building or demolition permit under the International
Building Code, the applicant shall submit complete plans and specifications for the work,
together with a routing form provided by the Building Official, to the Director of Public
Works and to the Traffic Engineer for review. The Director and Traffic Engineer shall
thereupon make a preliminary determination whether Section 3303 of the International
Building Code will require protection of pedestrians or any temporary use or closure of
streets, alleys or sidewalks, and shall notify the applicant and Building Official of such
determination, which shall also be recorded upon the routing form. Thereafter, the
Building Official shall condition the issuance of any permit upon compliance with the
requirements of Section 3303 of the International Building Code and this Section.
(2) In the event that Section 3303 of the International Building Code or the
terms of any building or demolition permit issued under the International Building Code at
any time require the erection of any temporary walkway, fence or other protective device
upon any street, alley, sidewalk or other public way, the permittee shall not erect same
until a separate permit therefor shall have been first applied for and obtained from the
Director of Public Works, in the same manner and with the same requirements applicable
thereto, as applies for street or sidewalk excavations under Chapter 6 of Title XII of this
Code.
(3) In the event that Section 3303 of the International Building Code, the terms
of any building or demolition permit, or public safety, as determined by the Traffic
Engineer, requires the temporary closure of any street, alley or sidewalk, or any portion
thereof, the permittee shall first make application therefor to the Traffic Engineer and shall
comply with all requirements for barricades, flagging, warning devices and detour signage
reasonably required by the Traffic Engineer pursuant to Title XV of this Code and the
Model Traffic Code adopted therein.
(4) Nothing in Subsection (1) above shall operate, nor shall it be construed to
bar, \[e-stop\] estop or otherwise limit or restrict the authority of the Director, the Traffic
Engineer or the Building Official to require, at any time, walkways or other protective
measures to be provided in connection with any construction or demolition,
notwithstanding that the same were not made a condition of any permit at the time of
permit issuance.
(5) It shall be unlawful for any person to place or store any materials or
equipment used in or required for construction or demolition work, or to erect any
walkway, barricades, canopy, railing or fence upon any public property without having
first obtained a permit in writing from the Director of Public Works.
(6) No building permit shall be issued by the Building Official until there shall
have been obtained such permit from the Director of Public Works.
SECTION 4.
A public hearing to consider the adoption of the International Building Code, 2021
Edition, the International Existing Building Code, 2021 Edition, and the International
Energy Conservation Code, 2021 with modifications, shall be held in the Council
Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado at 7:00 p.m. on May 22, 2023.
The City Clerk is directed to publish notice of such hearing pursuant to Section 1-1-7 of
the Pueblo Municipal Code.
SECTION 5.
The adoption of this Ordinance, the 2021 International Building Code, the 2021
International Existing Building Code, and the 2021 International Energy Conservation
Code shall not create any duty to any person, firm, corporation, or other entity with regard
to the enforcement or nonenforcement of this Ordinance or said codes. No person, firm,
corporation, or other entity shall have any private right of action, claim, or civil liability
remedy against the City of Pueblo or Pueblo Regional Building Department, or their
officers, employees or agents, for any damage arising out of or in any way connected with
the adoption, enforcement, or nonenforcement of this Ordinance or said codes. Nothing
in the Ordinance or in said codes shall be construed to create any liability, or to waive any
of the immunities, limitations on liability, or other provisions of the Governmental Immunity
Act, Section 24-10-101, C.R.S. et seq., or to waive any immunities or limitation on liability
otherwise available to the City of Pueblo or the Pueblo Regional Building Department, or
their officers, employees or agents.
SECTION 6.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or
the adopted 2021 International Building Code, 2021 International Existing Building Code,
and the 2021 International Energy Conservation Code is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portions of this Ordinance or of
the 2021 International Building Code, the 2021 International Existing Building Code, and
the 2021 International Energy Conservation Code.
SECTION 7.
The Council finds and declares that a certified true copy of the International
Building Code, 2021 Edition, the International Existing Building Code, 2021 Edition, and
the International Energy Conservation Code, 2021 Edition, have been on file in the office
of the City Clerk of the City of Pueblo for not less than 15 days preceding the public
hearing referred to in Section 4 of this Ordinance, and shall remain in said office for public
inspection. After adoption of the Ordinance, copies of the 2021 International Building
Code, the 2021 International Existing Building Code, and the 2021 International Energy
Conservation Code shall be kept in the office of the Pueblo Regional Building Department,
830 N. Main Street, Suite 100, Pueblo, Colorado 81003. Copies of the 2021 International
Building Code, the 2021 International Existing Building Code, and the 2021 International
Energy Conservation Code shall be available through the Pueblo Regional Building
Department for purchase by the public at a moderate price.
SECTION 8.
This Ordinance shall become effective June 29, 2023 after final action by Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 08, 2023.
Final adoption of Ordinance by City Council on May 22, 2023.
President of City Council
Action by the Mayor:
☒ Approved on May 24, 2023 .
□ Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
□ Council did not act to override the Mayor's veto.
□ Ordinance re-adopted on a vote of , on
□ Council action on _______ failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk
City Clerk's Office Item # R12
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 22, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Robert Jagger, Deputy City Attorney
SUBJECT: AN ORDINANCE AMENDING CHAPTER 2 OF TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS
AND ADOPTING THE 2021 INTERNATIONAL BUILDING CODE, THE
2021 INTERNATIONAL ENERGY CONSERVATION CODE, AND THE
2021 INTERNATIONAL EXISTING BUILDING CODE, ALL PUBLISHED
BY THE INTERNATIONAL CODE COUNCIL, INC., AND PROVIDING
PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF
SUMMARY:
Attached for consideration is a proposed Ordinance to adopt the 2021 International
Building Code. The 2021 International Energy Conservation Code and the 2021
International Existing Building Code are secondary codes.
PREVIOUS COUNCIL ACTION:
Periodically, the City Council considers adoption of an updated version of the
International Building Code with minor amendments. The Council adopted the 2015
International Building Code on July 13, 2015 by Ordinance No. 8894.
BACKGROUND:
This Ordinance is necessitated by an update to the 2021 International Building Code and
the City’s policy to stay current with national and international building codes. The Pueblo
Regional Building Department (Department) seeks to amend the code in compliance with
C.R.S. 31-15-602 regarding energy efficient building codes. Additional requirements will
apply if the Code is adopted on or after July 1, 2023.
FINANCIAL IMPLICATIONS:
Adoption of this Ordinance will not result in the City incurring a new fiscal obligation.
BOARD/COMMISSION RECOMMENDATION:
The Department’s Building Board of Appeals recommends approval of the Ordinance.
STAKEHOLDER PROCESS:
The Pueblo Association of Homebuilders and the Pueblo General Contractors
Association have not raised any objections to the adoption of the 2021 version of the
International Building Code or this proposed Ordinance.
ALTERNATIVES:
Failure to enact this Ordinance results in the City operating under building codes which
are out of date. This could result in a lowering of the Department’s Insurance Services
Office, Inc. (“ISO”) rating.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. ORD - Chapter 2 Regional Building Code Changes