HomeMy WebLinkAbout10468ORDINANCE NO. 10468
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE IV OF
THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING
REGULATIONS AND ADOPTING THE 2021
INTERNATIONAL RESIDENTIAL CODE RELATING TO
BUILDING REGULATIONS FOR ONE- AND TWO-FAMILY
DWELLINGS 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 new matter being added)
SECTION 1.
Section 1 of Chapter 6, Title IV of the Pueblo Municipal Code is hereby amended
to read as follows:
Sec. 4-6-1. International Residential Code; adoption by reference.
(a) The International Residential 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 Appendix Chapters: Appendix AH, (Patio
Covers), \[and\] Appendix AJ (Existing Buildings and Structures), Appendix AQ, entitled
“Tiny Houses”, Appendix AR, entitled “Light-Straw Clay Construction, Appendix
AS, entitled “Strawbale Construction” and Appendix AU, entitled “Cob
Construction (Monolithic Adobe)” hereinafter collectively referred to as the "I.R.C." or
"International Residential Code," as amended by this Chapter \[, together with the minor
code, entitled, International Energy Conservation Code, 2015 Edition, promulgated and
published by the International Code Council, Inc., 4051 West Flossmoor Road, Country
Club Hills, IL 60478, hereinafter referred to as the "I.E.C.C.,"\] are hereby adopted by
reference; provided, however that the following portions of the I.R.C. are not adopted and
are expressly deleted:
\[(1) Part VII, entitled "Plumbing.”\]
(\[2\] 1) Part VIII, entitled "Electrical."
\[(3) All Appendices (except Appendix H and Appendix J), provided
however that the following portions of Appendix J are not adopted and are
expressly deleted: AJ301.1.2 entitled "Plumbing materials and supplies," AJ301.2
entitled "Water closets," AJ301.3 entitled "Electrical," and AJ501.5 entitled
"Electrical equipment and wiring," which includes AJ501.5.1 through AJ501.5.3.5.\]
(2) Chapter 25, entitled “Plumbing Administration,” Chapter 26,
entitled “General Plumbing Requirements,” Chapter 27, entitled “Plumbing
Fixtures”, and Chapter 28, entitled “Water Heaters.”, Chapter 3, entitled
"Sanitary Drainage”, Chapter 31, entitled "Vents”, Chapter 32, entitled
"Traps”.
(3) Sections P2901 through and including P2903.11 and sections
P2905 through and including P2913.4.2 of Chapter 29, entitled “Water supply
and distribution.”
(4) Sections AJ107.1.2, entitled “Plumbing materials and supplies,
AJ107.2, entitled “Water Closets”, AJ107.3 entitled “Electrical”, AJ109.5.,
entitled “Electrical Equipment and Wiring” and all subsections of AJ109.5.
(b) Copies of the I.R.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
regulated by the International Residential Code within the City shall be in compliance with
the terms and provisions of this Chapter and the I.R.C.
SECTION 2.
Section 2 of Chapter 6, Title IV of the Pueblo Municipal Code is hereby amended
to read as follows:
Sec. 4-6-2. Amendments.
(a) Section R103 of the I.R.C., entitled "Department of Building Safety," is
amended to read as follows:
"R103 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 Director or the
Building Official of the Pueblo Regional Building Department or the \[Director's\]
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 6 of Title IV of the Pueblo Municipal Code, including the
authority to issue summons and complaints for the violation thereof."
(b) Section R103.1, entitled "Creation of enforcement agency," Section R103.2,
entitled "Appointment," and Section R103.3, entitled "Deputies," are deleted.
(c) Subsection R105.2 of the I.R.C., entitled "Work exempt from permit,"
number 7., is amended to read as follows:
"7. Prefabricated swimming pools accessory to a Group R-3 occupancy, which are
installed entirely above ground."
(d) Section R105 of the I.R.C., entitled "Permits," is amended by the addition
of Subsection R105.10, entitled "Issuance of permit," to read as follows:
"R105.10\[.\] 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). Should any portion of the work be excluded from the
contract, the application or permit shall state the portions so excluded. Should the
contractor be discharged or abandon 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 R106.1 of the I.R.C., entitled "Submittal documents," is
amended to read as follows:
"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.R.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 Colorado Revised Statutes and in accordance with
Sections \[12-25-117\]12-120-216 and \[12-4-116\]12-120-417, C.R.S., respectively."
(f) Subsection R108.2 of the I.R.C., entitled "Schedule of permit fees," is
amended by the addition of two new subsections, R108.2.1 and R108.2.2, to read as
follows:
"R108.2.1 Permit fees. The fee for each permit shall be as established in the fee
schedule adopted by the City Council by resolution.
"R108.2.2 Plan review fees. Plan review fees shall be as established in the fee
schedule adopted by the City Council by resolution."
(g) Section R110.3.1 of the I.R.C., entitled "Certificate \[of Occupancy\] issued,"
is \[readopted without changes\] amended to add a new subsection R110.3.1 to read
as follows:
"R110.3.1 Public improvement requirements for a certificate of occupancy.
Applications for building permits for buildings or structures \[classified in occupancy
Groups R-3\] for one- and two- family dwelling units and town homes 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. Foundation plans and soils
report shall be prepared by and bear the seal of an architect or engineer licensed to
practice in Colorado. Accessory structures shall have plot plans showing all existing
and proposed public improvements required by 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, 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
for the issuance of 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 for revocation of any issued certificate of occupancy or temporary certificate of
occupancy."
(h) Subsection R113.4 of the I.R.C., entitled "Violation penalties," is amended
to read as follows:
"R113.4 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
4-6-6 of the Pueblo Municipal Code. The application of any such penalty shall not be held
to prevent the enforced removal of prohibited conditions."
\[(i) Table R301.2(1) of the I.R.C., entitled "Climatic and Geographic Design
Criteria," is amended to read as follows:
"Table R301.2(1) Climatic and Geographic Design Criteria
Subject to Damage From
Ground Wind Seismic Weathering Frost Termite Decay Winter Ice Shield Flood Air Mean
Snow Speed Design Underlayment Hazards Freezing Annual
Load (MPH) Category Required Index Temp
CS 115 B Severe 26" None 0 No 500
52.3" \]
(\[j\] i) Subsection R301.2, entitled "Climatic and Geographic Design Criteria," is
amended by the addition of Table R301.2(\[4\]5), entitled "Pueblo County Ground Snow
Loads," to read as follows:
"Table R301.2(\[4\]5) 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"
(\[k\]j) Subsection R302.5.1, Opening protection, of the I.R.C., is amended by deleting
the words "equipped with a self-closing or automatic closing device" at the end of the
second sentence.
(k) Subsection R309.1 of the I.R.C., entitled “Floor surface”, is amended
by adding Exception 1 to read as follows:
Exception 1. The floor surface shall not be required to slope when the
foundation is for enclosed non habitable accessory structure.
(l) Subsection R311.3.2 of the I.R.C., entitled “Floor elevation at other
exterior doors”, Exception is amended to read as follows:
Exception: When more than two rises are required, landing length at the
exterior door may be reduced to 18” provided the door does not swing over stairs.
Maximum height of landing shall not exceed 30” above adjacent grade.
(m) Subsection R313.1 of the I.R.C., entitled “Townhouse automatic fire
sprinkler systems,” Exception is amended to read as follows:
Exception #1 An automatic sprinkler system shall not be required where
additions or alterations are made to existing townhouses that do not have an
automatic sprinkler system installed.
Exception #2 An automatic sprinkler system shall not be required with four
or less attached dwelling units when separated in accordance with Section
R302.2.2 item 2.
(\[l\] n) Subsection R313.2 of the I.R.C., entitled "One- and two-family dwellings
automatic fire systems," \[and Subsection R313.2.1 of the I.R.C., entitled "Design and
Installation," are\] is deleted.
\[(m) Subsection R3142.2 entitled "Alterations, repairs and additions," is
amended by deleting Exception #2.\]
\[(n) Subsection R315.2.2 of the I.R.C. entitled "Alterations, repairs and
additions," is amended by deleting Exception #2.\]
\[(o) Section N1102 (R402) entitled "Building Thermal Envelope" of the IRC is
amended for a period of time expiring March 1, 2017, by deletion of Subsection N1102.4.4
(R402.4.4) and revisions to Table N1102.1.2 (R402.1.2) and Subsection N1102.4.1.2
(R402.4.1.2) as follows:
1. Table N1102.1.2 (R402.1.2) entitled "Insulation and Fenestration
Requirements by Component" is amended by deleting the numbers "15/19" and
inserting the numbers "10/13" in the column labeled "Basement Wall R-Value" and
applicable to Climate Zone 5 and Marine 4.
2. Subsection N1102.4.1.2 ((R402.4.1.2) entitled "Testing" is amended
by revising the first sentence to read as follows:
"The building or dwelling unit shall be tested and verified as having an air leakage
rate of not exceeding five air changes per hour in Climate Zones 1 and 2, and five
air changes per hour in Climate Zones 3 through 8."
3. Subsection N1102.4.4 (R402.4.4) entitled "Rooms containing fuel-
burning appliances" is deleted in its entirety.
After March 1, 2017, Section N1102 (R402) shall be effective without regard to the
amendments contained immediately above.\]
\[(p) Subsection N1103.3.5 (R403.3.5) entitled “Building cavities (Mandatory)” of
the I.R.C., is amended to read as follows:
“N1103.35(R403.3.5 Building cavities (Mandatory). Building framing cavities shall
not be used as supply ducts.”\]
(o) Table R1102.1.2 (R402.1.2), entitled “Maximum Assembly U-Factors a
and Fenestration Requirements” is amended to read as follows:
CLIMATE FENESTRATION SKYLIGHT GLAZED CEILING WOOD MASS WALL FLOOR BASEMENT CRAWL
ZONE U-FACTOR f U-FACTOR FENESTRATION U-FACTOR FRAME U-FACTOR b U-FACTOR WALL SPACE
SHGC d,e WALL U-FACTOR WALL
U-FACTOR U-
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.
(p) Table N1102.1.3 (R402.1.3), entitled “Insulation Minimum R-Values and
Fenestration
Requirements by Components” a is amended to read as follows:
CLIMATE FENESTRATION SKYLIGHT GLAZED CEILING WOOD MASS FLOOR BASEMENT SLABd CRAWL
ZONE U-FACTOR b, i U-FENESTRATION U-FRAME WALL U-WALL R-SPACE
FACTOR b SHGC b,e FACTOR WALL U-FACTOR R-VALUE VALUE WALL
U-FACTOR c,g & U-
FACTOR h DEPTH FACTOR
g c,g
5 and 0.32 0.55 0.40 49 20 h or 13/17 30 15ci or 19 or 10ci 2f 15ci or
MARINE 4 13+5ci h 13&5ci 19 or
13&5ci
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.
(q) Section N1104.1 (R404.1) of the I.R.C., entitled “Lighting equipment” is
amended to read as follows:
“Not less than 90% of all permanently installed lighting fixtures, excluding
kitchen appliance lighting fixtures, shall contain high-efficiency lighting sources.”
(\[q\] r) Subsection M1305.1.\[4\]3 of the I.R.C., entitled, "Appliances under floors," is
amended by the addition of a sentence after the Exceptions which reads as follows:
"All access openings to underfloor furnaces shall be provided with a permanent ladder for
equipment access."
(\[r\] s) Subsection M1401.3 of the I.R.C., entitled, "Equipment and appliance sizing," is
amended by adding a third exception which reads as follows:
"3. Additions that are 600 square feet or less."
SECTION 3.
A public hearing to consider the adoption of the International Residential Code,
2021 Edition, 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 4.
The adoption of this Ordinance and the 2021 International Residential 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 code. 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 code. Nothing in
the Ordinance or in said code 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 5.
If any part, section, subsection, sentence, clause or phrase of this Ordinance or
the adopted 2021 International Residential 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 Residential Code.
SECTION 6.
The Council finds and declares that a certified true copy of the International
Residential Code, 2021 Edition, has 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 3
of this Ordinance, and shall remain in said office for public inspection. After adoption of
the Ordinance, a copy of the 2021 International Residential 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 Residential Code shall be available
through the Pueblo Regional Building Department for purchase by the public at a
moderate price.
SECTION 7.
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 # R14
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 6 OF TITLE IV OF THE
PUEBLO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS
AND ADOPTING THE 2021 INTERNATIONAL RESIDENTIAL CODE
RELATING TO BUILDING REGULATIONS FOR ONE- AND TWO-
FAMILY DWELLINGS 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
Residential Code.
PREVIOUS COUNCIL ACTION:
Periodically, the City Council considers adoption of an updated version of the
International Residential Code with minor amendments. The Council adopted the 2015
International Residential Code on July 13, 2015 by Ordinance No.8893.
BACKGROUND:
This Ordinance is necessitated by an update to the 2021 International Residential 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 Review 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 Residential 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 6 - Regional Building Code Changes