HomeMy WebLinkAbout11164City Clerk's Office Item # S21
COUNCIL MEETING DATE: April 27, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Harley Gifford, Deputy City Attorney
SUBJECT; AN ORDINANCE AMENDING TITLE IV OF THE PUEBLO MUNICIPAL
CODE BY ADDING CHAPTER 11; ADOPTING BY REFERENCE THE
2025 COLORADO WILDFIRE RESILIENCY CODE; ESTABLISHING
PENALTIES; AND SETTING FORTH AMENDMENTS THERETO
This Ordinance adds Chapter 11 to Title IV of the Pueblo Municipal Code, adopting by
reference the 2025 Colorado Wildfire Resiliency Code (the "CWRC"), CWRC Version
1.0, adopted by the Colorado Wildfire Resiliency Code Board on July 1, 2025. The CWRC
establishes minimum standards for structure hardening and defensible space for
buildings and structures located within wildland-urban interface areas as defined and
mapped by the Board. The City of Pueblo has jurisdiction in areas within the wildland-
urban interface and is required by state law to adopt a code meeting or exceeding the
CWRC's standards.
PREVIOUS COUNCIL ACTION:
On November 24, 2025, City Council approved Ordinance No. 11081 approving the
Intergovernmental Agreement for the Operation of the Southern Colorado Building
Department ("SCBD"), effective January 1, 2026, designating SCBD as the City's
building code administration entity. On the same date, City Council approved Ordinance
No. 11082 amending Titles IV, IX, XI, XII, and XVII of the Pueblo Municipal Code to
replace references to the Pueblo Regional Building Department with SCBD throughout.
On March 9, 2026, a prior proposed ordinance adopting the CWRC was introduced at
first reading. On March 23, 2026, City Council tabled that ordinance indefinitely to allow
for additional legal review and correction of drafting deficiencies. This Ordinance
replaces that draft in its entirety.
BACKGROUND:
The Colorado General Assembly enacted Senate Bill 23-166, codified at C.R.S. § 24-
33.5-1236, establishing the Colorado Wildfire Resiliency Code Board (the "Board") within
the Division of Fire Prevention and Control in the Colorado Department of Public Safety.
The Board is charged with adopting statewide minimum codes and standards for the
hardening of structures and reduction of fire risk in the defensible space surrounding
structures in wildland-urban interface areas of Colorado.
On July 1, 2025, the Board adopted the 2025 Colorado Wildfire Resiliency Code, CWRC
Version 1.0. The CWRC establishes tiered requirements based on three Fire Intensity
Classifications (Low, Moderate, and High) mapped to specific parcels within designated
wildland-urban interface areas. Low intensity areas require Class 1 structure hardening;
moderate and high intensity areas require Class 2 structure hardening, which includes
additional requirements for eaves, exterior walls, glazing, doors, decking, and underfloor
enclosures.
State law, 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 meeting or exceeding the CWRC's standards within nine
months of the Board's July 1, 2025 adoption. The City of Pueblo has jurisdiction in areas
within the wildland-urban interface as mapped by the Board, and the City has authority
to adopt building codes under Title IV of the Pueblo Municipal Code. The City is therefore
required to adopt a qualifying code.
The CWRC supplements the City's existing building and fire codes rather than replacing
them. It applies to new construction, significant alterations, and certain roof and exterior
wall replacements affecting structures with occupiable or habitable space within
designated wildland-urban interface areas. Buildings and structures legally in existence
at the time of adoption may continue without change, with limited exceptions for
conditions constituting a distinct hazard to life or property. Exemptions include interior
alterations, additions that do not increase a structure's footprint by more than 500 square
feet, and replacement of less than 25 percent of a structure's exterior roof covering or
exterior walls.
The CWRC is a rule of the Board, a Colorado state agency. Under C.R.S. § 31-16-202,
a municipality may adopt any rule adopted by a Colorado state agency by referring to it
in the text of an adopting ordinance, notwithstanding the other procedural requirements
of Part 2 of Article 16 of Title 31, C.R.S. This Ordinance elects that statutory path.
Consistent with good practice, the City is also holding a public hearing and filing a
certified copy with the City Clerk before adoption.
Under the CWRC, SCBD is designated as the code compliance agency for the City, with
the SCBD Chief Building Official serving as the code official authorized to administer and
enforce the building code provisions of the CWRC within the City's boundaries. Senate
Bill 25-142 additionally permits a governing body to enter into a cooperative agreement
with another entity to assist with enforcement; SCBD's existing role under the
Intergovernmental Agreement approved by Ordinance No. 11081 fulfills this function for
the City.
This Ordinance sets an effective date of June 30, 2026, one day before the July 1, 2026
implementation date established by state law.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City. SCBD operates as a self -funding
enterprise under Article X, Section 20 of the Colorado Constitution. Permit and plan
review fees for CWRC compliance work within the City will be collected by SCBD
pursuant to the fee schedule authorized by City Council under IGA Section 9.
BOARD/COMMISSION RECOMMENDATION:
Pursuant to Colorado Senate Bill 25-142, the SCBD Chief Building Official has
recommended adoption of this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
If this Ordinance is not approved, the City of Pueblo will remain in non-compliance with
its state law obligation to adopt a code meeting or exceeding the minimum standards set
forth in the CWRC. A governing body may alternatively draft and adopt its own original
wildfire resiliency code meeting or exceeding the CWRC's standards, though that
approach would require substantially more time and resources than adoption by
reference.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. Ordinance
2. 2025 Colorado Wildfire Resiliency Code (Amended)
3, WUI Map with Boundary
ORDINANCE NO. 1116
AN ORDINANCE AMENDING TITLE IV OF THE PUEBLO
MUNICIPAL CODE BY ADDING CHAPTER 11; ADOPTING
BY REFERENCE THE 2025 COLORADO WILDFIRE
RESILIENCY CODE; ESTABLISHING PENALTIES; AND
SETTING FORTH AMENDMENTS THERETO
WHEREAS, the City of Pueblo is a home rule municipality organized and existing
under Article XX of the Colorado Constitution, which vests in home rule municipalities
plenary authority over matters of local concern, including the adoption of building codes;
and
WHEREAS, the Colorado General Assembly enacted Senate Bill 23-166, codified
at C.R.S. § 24-33.5-1236, establishing the Colorado Wildfire Resiliency Code Board (the
"Board") within the Division of Fire Prevention and Control in the Colorado Department of
Public Safety, and charged the Board with adopting statewide minimum codes and
standards for the hardening of structures and reduction of wildfire risk in the defensible
space surrounding structures in wildland-urban interface areas; and
WHEREAS, on July 1, 2025, the Board adopted the 2025 Colorado Wildfire
Resiliency Code, CWRC Version 1.0 (the "Colorado Wildfire Resiliency Code"),
establishing minimum standards for structure hardening and defensible space in wildland-
urban interface areas; and
WHEREAS, state law, 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 meeting or exceeding the minimum
standards of the Colorado Wildfire Resiliency Code within nine months of the Board's
adoption of that code; and
WHEREAS, the City of Pueblo has jurisdiction in areas within the wildland-urban
interface as defined and mapped by the Board, and the City has authority to adopt building
codes under Title IV of the Pueblo Municipal Code; and
WHEREAS, the Colorado Wildfire Resiliency Code is a rule adopted by the Board,
a Colorado state agency and may be adopted by reference pursuant to C.R.S. § 31-16-
202, notwithstanding the other procedural requirements of Part 2 of Article 16 of Title 31,
C.R.S.; and
WHEREAS, on November 24, 2025, City Council approved Ordinance No. 11081
approving the Intergovernmental Agreement for the Operation of the Southern Colorado
Building Department ("SCBD"), designating SCBD as the City's building code
administration entity; and
WHEREAS, City Council finds and determines that the adoption of the Colorado
Wildfire Resiliency Code, as amended herein, will enhance, protect, and further the public
health, safety, and welfare of the residents of Pueblo. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Pursuant to C.R.S. § 31-16-202, the 2025 Colorado Wildfire Resiliency Code,
CWRC Version 1.0, adopted by the Colorado Wildfire Resiliency Code Board on July 1,
2025, is hereby adopted by reference as the Colorado Wildfire Resiliency Code of the
City of Pueblo, as amended by this Ordinance. A copy of the Colorado Wildfire Resiliency
Code is on file in the office of the City Clerk and may be inspected during regular business
hours.
SECTION 2.
Chapter 11 of Title IV of the Pueblo Municipal Code is hereby amended to add the
following language:
[CHAPTER 11 — Reserved]
CHAPTER 11 — COLORADO WILDFIRE RESILIENCY CODE
Sec. 4-11-1'. Ado Lion by reference.
Pursuant to C.R.S. § 31-16-202 the 2025 Colorado Wildfire Resiliency Code CWRC
Version 1.0 adopted by the Colorado Wildfire Resiliency Code Board on July 1
2025 as amended by this Chapter, is hereby adopted by reference as the Colorado
Wildfire Resiliency Code of the City of Pueblo.
Sec. 4-11-2. Appendices.
Appendix A Permits Appendix B Construction Documents and Appendix C
(inspection and Enforcement of the 2025 Colorado Wildfire Resiliency Code are
hereby specifically adopted as part,of this Chapter.
Sec. 4-11-3. Penalties and enforcement.
(a) Any person,firm or corporation who violates any provision of this
Chapter or of the Colorado Wildfire Resiliency -Code adopted herein or who fails
to com ly with any order issued pursuant thereto shall be quifty of a Class 2
Municipal Offense and upon conviction shall be punished as provided in Section
1-2-1, P.M.C.
u Each day during which a violation continues shall constitute a
separate offense.
(c) In the event any owner or occupant of premises within the Cily shall
refuse entry to the Code Official or any building inspector,, or if any premises are
locked and the Code Official or any,building inspector has been unable to obtain
permission of the owner or occupant to enter, the Municipal Court is authorized to
issue a search or inspection warrant authorizing such ent in accordance with the
procedures set forth in the Colorado Municipal Court Rules.
(d) In the event any person,firm or corporation within the City, or an
licensed contractor, fails or refuses to comply with any,provision of this Chapter
or the Colorado Wildfire Resiliency Code adopted herein the Ci -may initiate an
action for injunctive relief in any court of competent jurisdiction to compel
compliance.
(e) The enforcement remedies set forth in this Section are cumulative,
and the exercise of any one or more of them is not dependent upon, the exercise of
any,other remed and the exercise of any one or more of them does not constitute
any bar or limitation to the exercise of any other.
Sec. 4-11-4. Non -liability.
The adoption of the Colorado Wildfire Resiliency Code by_ this Chapter shall not
im ose an duty a �on any person,firm corporation, or other entitt with regard to
the enforcement or nonenforcement of this Chapter or said code. No person, firm
corporation, or other entity,shall have any private ri ht of action claim or civil
liabili remedy against the Ci of Pueblo or its officers em to ees or agents for
any damage arising out of or in any way connected with the adoption, enforcement
or nonenforcement of this Chapter or said code. Nothing in this Chapter or in said
code shall be construed to create any,liabilify, or to waive any of the immunities
limitations on liabiliN, or other provisions of the Colorado Governmental Immiuni
Act C.R.S. §§ 24-10-101 et seg., or to waive any immunities or Limitations on liabili
otherwise available to the Ci of Pueblo or its officers employees, or a eats.
Sec. 4-11-5. Coty of code on file.
The Southern Colorado Building Department shall maintain at least one copy of the
Colorado Wildfire Resiliency Code on file at its offices located at 830 N. Main
Street Pueblo Colorado 81003. Copies of the Colorado Wildfire Resiliency Code
shall be available for inspection and purchlase through the Building Official of the
Southern Colorado Building Department.
Sec. 4-11-6. Amendments to the Colorado Wildfire Resilienc Code.
The 2025 Colorado Wildfire Resiliency Code is hereby, amended as follows.
(a) Section 101.1 of the 2025.Colorado Wildfire Resilience. Code is hereby
amended to read:
101.1 Title. These regulations shall be known as the Colorado Wildfire
Resiliency Code as adopted by the Cit of Pueblo hereinafter referred to as
"this code."
Section 103.1 of the 2025 Colorado Wildfire Resiliency Code is hereby
amended to read:
103.1 Agency. The Southern Colorado Building,Department, established as
a separate governmental entity ursuant to Ordinance No. 1101 of the Cit
of Pueblo ishereby designated as the code compliance agency for the City
of Pueblo. The official in charge thereof shall be known as the code official.
The function of the agency shall be the implementation, administration and
enforcement of the provisions of this code within the boundaries of the Ci
of Pueblo.
C101.3.4 Citations. Persons operating or maintaining an_occupancy or
remises subiect to this code who allow a hazard to exist or fail to take
immediate action to abate a hazard on such occupancy,remises or vehicle
when ordered or notified to do so, by the code official shall be guilty,of_a
Class 2 Municipal Offense.
SECTION 3.
A public hearing to consider the adoption of the 2025 Colorado Wildfire Resiliency
Code, as amended, shall be held in the Council Chambers, 1 City Hall Place, Third Floor,
Pueblo, Colorado, at 5:30 p.m. on April 27, 2026.
SECTION 4.
The City Clerk is directed to maintain at least one copy of the 2025 Colorado
Wildfire Resiliency Code on file in the office of the City Clerk, certified as a true copy by
the Mayor and the City Clerk, available for public inspection during regular business
hours. Such copy shall be filed in the office of the City Clerk no later than fifteen days
before the public hearing described in Section 3 of this Ordinance, and shall remain on
file while this Ordinance is in force. The City Clerk shall at all times maintain a reasonable
supply of copies of the Colorado Wildfire Resiliency Code available for purchase by the
public at a moderate price.
SECTION 5.
In accord with City Charter Section 3-22, the codifier is instructed to add the
following sections to the Pueblo Municipal Code: Sections 4-11-1, 4-11-2, 4-11-3, 4-11-
4, 4-11-5, and 4-11-6, as set forth in Section 2 of this Ordinance.
SECTION 6.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures
described herein.
SECTION 7.
If any part, section, subsection, sentence, clause, or phrase of this Ordinance or
of the adopted Colorado Wildfire Resiliency 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 Colorado Wildfire Resiliency Code.
SECTION 8.
This Ordinance shall become effective June 30, 2026.
0
Introduced and initial adoption of Ordinance by City Council on April 13, 2026.
Final adoption of Ordinance by City Council on April 27, 2026.
Action by the Mayor:
Approved on
Disapproved on
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Pre§
the 01tv Council
based on the following objections:
Mayo
Council did not act to override the Mayor'sveto.
Ordinance re -adopted on a vote of
❑ Council action on
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ATTE /
City er
, on
failed to override the Mayor's veto..
President of the City Council