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Home My WebLink About11198Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 ORDINANCE NO. 11198 AN ORDINANCE AMENDING TITLE IV OF THE PUEBLO MUNICIPAL CODE BY CREATING A NEW CHAPTER 12 RELATING TO ENERGY CODE; ADOPTING BY REFERENCE THE COLORADO MODEL ELECTRIC READY AND SOLAR READY CODE; AMENDING SECTION 4-1-2 OF THE PUEBLO MUNICIPAL CODE TO ADD THE COLORADO MODEL ELECTRIC READY AND SOLAR READY CODE TO THE LIST OF MINOR OR SECONDARY CODES; AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF WHEREAS, the City of Pueblo, Colorado 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 and enforcement of building codes; and WHEREAS, the General Assembly of the State of Colorado enacted House Bill 22-1362 in 2022, codified in part at C.R.S. § 31-15-602(3.5)(a), which requires the governing body of any municipality that updates any building code between July 1, 2023 and June 30, 2026 to adopt an energy code that achieves equivalent or better energy performance than the 2021 International Energy Conservation Code and the model electric ready and solar ready code language adopted by the Colorado Energy Code Board; and WHEREAS, the Colorado Energy Code Board, established under C.R.S. § 24- 38.5-401, adopted the Colorado Model Electric Ready and Solar Ready Code, version 1.0, published June 1, 2023 by the Colorado Energy Office, 1600 Broadway, Suite 1960, Denver, Colorado 80202; and WHEREAS, the City Council finds it appropriate to adopt the Colorado Model Electric Ready and Solar Ready Code by reference in a new Chapter 12 of Title IV of the Pueblo Municipal Code, in order to satisfy in part the requirement of C.R.S. § 31-15- 602(3.5)(a); and WHEREAS, the City Council finds it appropriate to expressly delete Section 109 (Board of Appeals) of the Colorado Model Electric Ready and Solar Ready Code, with appeals from any decision of the Building Official to be heard by the Building Board of Appeal established under Section 15(d) of the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department in accordance with the procedures set forth in Section 18 of that Agreement, to specify that the placeholder for the adopting jurisdiction in Section 101.1 of the Colorado Model Electric Ready and Solar Ready Code shall be deemed to read "City of Pueblo, Colorado," to vest the authority to grant waivers under Sections 102.1.2 and 102.2 of the Colorado Model Electric Ready and Solar Ready Code in the Building Board of Appeal, and to specify that the fines referenced in Section 108.4 of the Colorado Model Electric Ready and Solar Ready Code Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 shall be as provided in Section 4-12-4 of this Code, none of which administrative amendments affects the energy performance of the code as adopted; and WHEREAS, the City Council intends to introduce a companion Ordinance to repeal the existing local amendments to the 2021 International Energy Conservation Code under Ordinance No. 10466 and re -adopt that code by reference in the new Chapter 12 of Title IV, in order to fully satisfy the dual performance requirement of C.R.S. § 31-15- 602(3.5)(a); and WHEREAS, the procedures and requirements for adoption of codes by reference set forth at C.R.S. §§ 31-16-201 through 31-16-208 have been complied with, including the filing of a certified true copy of the Colorado Model Electric Ready and Solar Ready Code in the office of the City Clerk at least fifteen days preceding the public hearing on this Ordinance, and the publication of notice of the public hearing twice in a newspaper of general circulation in the City of Pueblo as required by C.R.S. § 31-16-203; and WHEREAS, the penalty clauses applicable to violations of the code adopted by reference in this Ordinance are set forth in full in this Ordinance, as required by C.R.S. § 31-16-204; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Title IV of the Pueblo Municipal Code is amended by the addition of a new Chapter 12, to read as follows: Chapter 12 Energy Code Article I General Provisions Sec. 4-12-1. Title. This Chapter shall be known as the "Pueblo Energy Code," may be cited as such, and may be referred to herein as "this Chapter." Sec. 4-12-2. Reserved. Sec. 4-12-3. Adoption of Colorado Model Electric Ready and Solar Ready Code by reference. (a) The Colorado Model Electric Ready and Solar Ready Code, version 1.0, adopted by the Colorado Energy Code Board pursuant to C.R.S. & 24-38.5-401 and published June 1, 2023 by the Colorado Energy Office, 1600 Broadway, Suite 1960, Denver, Colorado 80202, is hereby adopted by reference as a code of the City of Pueblo. One copy of the Colorado Model Electric Ready and Solar Ready Code, certified to be a true copy by the Mayor and the City Clerk, is on file in the office of the City Clerk and is open to public inspection. After the effective date of this Ordinance, a copy may be kept in the office of the Building Official as the chief enforcement officer in lieu of the office of the City Clerk. Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 Notwithstanding the adoption by reference in subsection (a), Section 109, entitled "Board of Appeals," of the Colorado Model Electric Ready and Solar Ready Code is not adopted and is expressly deleted. Appeals from any decision of the Building Official under the Colorado Model Electric Ready and Solar Ready Code shall be filed with and decided by the Building Board of Appeal established under Section 15(d) of the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department, in accordance with the procedures set forth in Section 18 of that Agreement. (c) The name of the jurisdiction for purposes of Section 101.1 of the Colorado Model Electric Ready and Solar Ready Code is "City of Pueblo, Colorado." Waivers permitted under Sections 102.1.2 (natural disaster) and 102.2 (substantial cost differential) of the Colorado Model Electric Ready and Solar Ready Code shall be granted, if at all, by the Building Board of Appeal established under Section 15(d) of the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department, in accordance with the procedures set forth in Section 18 of that Agreement. Fines referenced in Section 108.4 of the Colorado Model Electric Ready and Solar Ready Code shall be as provided in Section 4-12-4 of this Code. Sec. 4-12-4. Penalties. (a) Any person, firm, or corporation that violates any provision of the Colorado Model Electric Ready and Solar Ready Code as adopted by this Chapter, or any administrative provision related thereto, commits an offense punishable as provided in Section 1-2-1 of this Code. Each day during which a violation continues constitutes a separate offense. In addition to the criminal penalties provided in subsection (a), the City Attorney is authorized to institute civil actions for injunctive relief, abatement, or other equitable remedies in any court of competent jurisdiction to compel compliance with this Chapter and the code adopted herein. (c) The remedies provided in this Section are cumulative, and the exercise of any one or more of them does not constitute a bar to or limitation on the exercise of any other. Sec. 4-12-5. Responsibility for damages; liability of City. The provisions of this Chapter and the code adopted by this Chapter shall not release or discharge any person from any liability imposed by law for any iniury to persons or damage to property caused by or resulting from the performance or failure to perform work or the furnishing of materials covered by this Chapter. Neither the City, the Department, nor any of their agents or employees shall be held liable for any iniury to persons or damage to property by reason of any inspection or failure to perform any inspection authorized or required by this Chapter or the code adopted herein. Sec. 4-12-6. Enforcement. Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 The Building Official, the Building Official's designated representatives, and such building inspectors as the Building Official may appoint, are vested with the authority of a law enforcement officer with respect to enforcing this Chapter and the code adopted herein, including the authority to issue summons and complaints for violations thereof. SECTION 2. Section 4-1-2(f) of the Pueblo Municipal Code is amended to read as follows- (f) Minor or secondary codes means any other building code which is adopted by reference, directly or indirectly, in whole or in part by ordinance or by express provisions of a major code including without limitation, the Unsafe Structures Regulations, Chapter 7 of this Title, herein Unsafe Structures Regulations; the International Property Maintenance Code as adopted with amendments by Chapter 1 of Title VIII of this Code, herein International Property Maintenance Code; [and] the International Energy Conservation Code; and the Colorado Model Electric Ready and Solar Ready Code as adopted by Chapter 12 of this Title. SECTION 3. 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, including without limitation the certification of a true copy of the Colorado Model Electric Ready and Solar Ready Code by the Mayor and the City Clerk in accordance with C.R.S. § 31-16-206, the publication of notice of the public hearing in accordance with C.R.S. § 31-16-203, and the publication of this Ordinance in full following adoption in accordance with C.R.S. § 31-16-205. SECTION 4. This Ordinance shall become effective thirty (30) days after final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 8, 2026. Final adoption of Ordinance by City Council on June 22, 2026. LDocuSigned by: au(f President of City Council Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 Action by the Mayor: ® Approved on 06/24/2026 ❑ Disapproved on based on the following objections - Signed by: kGQI�tA.t.Y' taY 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 Docusignedby: City Clerk Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 22, 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 CREATING A NEW CHAPTER 12 RELATING TO ENERGY CODE; ADOPTING BY REFERENCE THE COLORADO MODEL ELECTRIC READY AND SOLAR READY CODE; AMENDING SECTION 4-1-2 OF THE PUEBLO MUNICIPAL CODE TO ADD THE COLORADO MODEL ELECTRIC READY AND SOLAR READY CODE TO THE LIST OF MINOR OR SECONDARY CODES; AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance amending Title IV of the Pueblo Municipal Code by creating a new Chapter 12 relating to Energy Code, and adopting by reference the Colorado Model Electric Ready and Solar Ready Code. Section 109 (Board of Appeals) of the Colorado Model Electric Ready and Solar Ready Code is not adopted and is expressly deleted, with appeals to be heard by the Building Board of Appeal in accordance with Sections 15(d) and 18 of the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department. The Ordinance also amends Section 4-1-2 of the Pueblo Municipal Code to add the Colorado Model Electric Ready and Solar Ready Code to the list of minor or secondary codes. This Ordinance is the first of two related Ordinances. A companion Ordinance, to be introduced separately, will repeal the existing local amendments to the 2021 International Energy Conservation Code under Ordinance No. 10466 (May 22, 2023) and re -adopt that code in the new Chapter 12 of Title IV. Adoption of both Ordinances brings the City into compliance with the energy code mandate at C.R.S. § 31-15-602(3.5)(a), which requires municipalities updating any building code between July 1, 2023 and June 30, 2026 to adopt an energy code achieving equivalent or better performance than both the 2021 International Energy Conservation Code and the model electric ready and solar ready code language adopted by the Colorado Energy Code Board. Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 PREVIOUS COUNCIL ACTION: None. The City has not previously adopted the Colorado Model Electric Ready and Solar Ready Code or any predecessor model electric ready or solar ready code. BACKGROUND: In 2022, the Colorado General Assembly enacted House Bill 22-1362, codified in part at C.R.S. § 31-15-602(3.5)(a), directing municipalities and counties that update any building code between July 1, 2023 and June 30, 2026 to adopt an energy code achieving equivalent or better energy performance than the 2021 International Energy Conservation Code and the model electric ready and solar ready code language adopted by the Colorado Energy Code Board. The Energy Code Board, established under C.R.S. § 24-38.5-401, adopted the Colorado Model Electric Ready and Solar Ready Code, version 1.0, which the Colorado Energy Office published on June 1, 2023. The City has not previously adopted the Colorado Model Electric Ready and Solar Ready Code. Adoption of the Model Code by this Ordinance, paired with re -adoption of the 2021 International Energy Conservation Code under the companion Ordinance to be introduced separately, brings the City into compliance with the dual performance requirement of C.R.S. § 31-15-602(3.5)(a). New Section 4-12-3 of the Pueblo Municipal Code adopts the Model Code with three administrative amendments necessary for jurisdiction -specific application: (i) deletion of Section 109 (Board of Appeals), with appeals to the Building Board of Appeal under Sections 15(d) and 18 of the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department; (ii) specification of "City of Pueblo, Colorado" as the jurisdiction name in Section 101.1, and designation of the Building Board of Appeal as the entity authorized to grant waivers under Sections 102.1.2 and 102.2; and (iii) reference to Section 4-12-4 of this Code as the source of fines under Section 108.4. None of these administrative amendments affect the energy performance of the Model Code as adopted, and the Ordinance therefore satisfies the equivalent -or -better -performance standard at C.R.S. § 31-15-602(3.5)(a) with respect to the Model Code component of the dual performance requirement. The Ordinance follows the procedures for adoption of codes by reference set forth at C.R.S. §§ 31-16-201 through 31-16-208 ("Part 2"), including the dual mayor -and -clerk certification of code copies under C.R.S. § 31-16-206 and the two -publication notice rule under C.R.S. § 31-16-203. The penalty provisions for violation of the Model Code are set forth in full in new Section 4-12-4 of the Pueblo Municipal Code, as required by C.R.S. § 31-16-204. The new Chapter 12 of Title IV of the Pueblo Municipal Code will be enforced by the Southern Colorado Building Department under the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department, consistent with the Department's authority to enforce all building codes adopted by the City as set forth in Section 4-1-2 of the Pueblo Municipal Code as amended by Ordinance No. 11082. FINANCIAL IMPLICATIONS: Adoption of the Ordinance, together with adoption of the companion Ordinance re- adopting the 2021 International Energy Conservation Code, qualifies the City for grant Docusign Envelope ID: 00183C24-AA1 F-83BF-82FF-3359DF2B5DF5 funding under the Colorado Energy Office's building electrification and energy code adoption grant program at C.R.S. § 24-38.5-403, which provides up to two million dollars per qualifying jurisdiction to offset the costs of code adoption and enforcement. The City may apply for grant funding subsequent to adoption of both Ordinances. The Ordinance imposes no direct cost on the City and no fee changes for permit applicants beyond those independently set by the Southern Colorado Building Commission and approved by the City and Town of Boone under the Intergovernmental Agreement. BOARD/COMMISSION RECOMMENDATION: The Southern Colorado Building Department recommends adoption of this Ordinance. Additionally, the code adopted by this Ordinance is the model code the State of Colorado has identified for adoption to comply with C.R.S. § 31-15-602(3.5)(a). STAKEHOLDER PROCESS: The Ordinance will be the subject of a public hearing as required by C.R.S. § 31-16-203. Notice of the public hearing will be published twice in a newspaper of general circulation in the City, with the first publication at least fifteen days before the hearing and the second at least eight days before the hearing. A certified true copy of the Colorado Model Electric Ready and Solar Ready Code, signed by the Mayor and the City Clerk, will be filed in the office of the City Clerk at least fifteen days before the public hearing and will be open to public inspection. ALTERNATIVES: If this Ordinance is not approved, or if the companion Ordinance re -adopting the 2021 International Energy Conservation Code is not approved, the City will not satisfy the dual performance requirement of C.R.S. § 31-15-602(3.5)(a) and will be ineligible for the Colorado Energy Office grant program at C.R.S. § 24-38.5-403. Continued non- compliance does not carry an immediate penalty under state law but is inconsistent with the City's general obligation under Charter Section 3-5(i) to faithfully execute and comply with all laws of the State of Colorado that apply to the City. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. Ordinance 2. Amended 2021 IECC City of Pueblo