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HomeMy WebLinkAbout11199Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F ORDINANCE NO. 11199 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC.; AMENDING SECTIONS 4-2-1 AND 4-2-2 OF THE PUEBLO MUNICIPAL CODE TO REFLECT THE RELOCATION OF THE INTERNATIONAL ENERGY CONSERVATION CODE; AMENDING SECTION 4-1-2 OF THE PUEBLO MUNICIPAL CODE; 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 2021 International Energy Conservation Code is published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, and was previously adopted by reference by the City pursuant to Ordinance No. 10466 (May 22, 2023), which adoption included local amendments codified at Section 4-2-2 of the Pueblo Municipal Code; and WHEREAS, the City Council finds it appropriate to repeal the existing local amendments to the 2021 International Energy Conservation Code and re -adopt that code by reference in Chapter 12 of Title IV of the Pueblo Municipal Code, in order to fully satisfy the dual performance requirement of C.R.S. § 31-15-602(3.5)(a); and WHEREAS, the City Council finds it appropriate to expressly delete Sections C110 (Board of Appeals) and R110 (Means of Appeals) of the 2021 International Energy Conservation Code, consistent with the longstanding administrative framework of Pueblo Municipal Code Section 4-2-1, with appeals from any decision of the Building Official under the 2021 International Energy Conservation Code 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, and to specify that the placeholder for the adopting jurisdiction in Sections C101.1 and R101.1 of the 2021 International Energy Conservation Code shall be deemed to read "City of Pueblo, Colorado," neither Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F of which administrative amendments affects the energy performance of the code as adopted; 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 2021 International Energy Conservation 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 Section 4-12-4 of the Pueblo Municipal Code as expanded by 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. Section 4-12-2 of the Pueblo Municipal Code, currently reading "Reserved," is amended to read as follows: Sec. 4-12-2. Adoption of 2021 International Energy Conservation Code by reference. (a) The 2021 International Energy Conservation Code, published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, is hereby adopted by reference as the energy conservation code of the City of Pueblo. One copy of the 2021 International Energy Conservation 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. Notwithstanding the adoption by reference in subsection (a), Sections C110, entitled "Board of Appeals," and R110, entitled "Means of Appeals," of the 2021 International Energy Conservation Code are not adopted and are expressly deleted. Appeals from any decision of the Building Official under the 2021 International Energy Conservation 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 Sections C101.1 and R101.1 of the 2021 International Energy Conservation Code is "City of Pueblo, Colorado_" Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F SECTION 2. Section 4-12-4 of the Pueblo Municipal Code, entitled "Penalties," is amended to read as follows: (a) Any person, firm, or corporation that violates any provision of the 2021 International Energy Conservation Code or the 2025 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. Subsections (b) and (c) of Section 4-12-4 are unchanged. SECTION 3. Section 4-2-1 of the Pueblo Municipal Code is amended to read as follows: Sec. 4-2-1. International Building Code; adoption by reference. (a) The International Building Code, 2021 edition, promulgated and published by the International Code Council, Inc., 4051 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.," [togetherwith the minor codes entitled "International Energy Conservation Code," 2021 Edition, promulgated and published by the International Code Council, Inc., 4051 Flossmoor Road, Country Club Hills, IL 60478, hereinafter referred to as the "I.E.C.C.,"] and the International Existing Building Code 2021 Edition, promulgated and published by the International Code Council, Inc., 4051 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 C110, entitled "Board of Appeals," 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," 406 entitled "Electrical," 408 entitled "Plumbing," 808 entitled "Plumbing"," 806 entitled "Electrical," 1007 "Electrical" and 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 Southern Colorado 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 4. Section 4-2-2 of the Pueblo Municipal Code is amended by repealing in their entirety the title and subsections (y), (z), (aa), (bb), and (cc) thereof, and amending the section heading, to read as follows: Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F Sec. 4-2-2. Amendments, IBC [and IECC]. Subsections (a) through (x) of Section 4-2-2, containing amendments to the International Building Code, remain unchanged and in full force and effect. The following subsections are repealed: [(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 above roof R-30ci R-30ci 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" below + R-5 full R-15 for 36" below + R-5 full slab slab [(z) IECC Table C402.4 entitled "Building Envelope Fenestration Maximum U-Factor and SHGC Requirements", is amended to read as follows: Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F Operable Fenestration 0.45 Entrance doors .77 [(aa) Table R402.1.2, entitled "Maximum Assembly U-Factors a and Fenestration Requirements" of the IECC is amended to read as follows: Glazed Ceiling Wood Mass Floor Basement Crawl Climate Fenestration Skylight Fenestration U- Frame Wall U- U- Wall U- Space Zone U-Factor f U-Factor SHGC d Factor Wall U- Factor Factor Factor Wall U- Factor b 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: Glazed Wood Mass Floor Baseme Crawl Climate Fenestrati Skylight FenCeiling ra Frame Wall U- U- nt Wall Slab R- Space on U- U- U- Wall U- Value & Wall U- Zone Factor b, i Factor b tion Factor Factor Factor Facto R-Value Depth d Factor SHGC b g 9 c,g 5 And 20 h or 15ci or 15ci or Marine 0.32 i 0.55 0.40 49 13 + 5ci 13/17 30 19 or 13 2f 19 or 13 4 h & 5ci & 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. Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F 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 (0.5) 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 four thousand feet (4,000 ft) 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 ninety percent (90%) of all permanently installed fixtures, excluding kitchen appliance lighting fixtures, shall contain high - efficiency lighting sources.] SECTION 5. 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 as adopted by Chapter 12 of this Title, herein International Energy Conservation Code; and the Colorado Model Electric Ready and Solar Ready Code as adopted by Chapter 12 of this Title, herein Colorado Model Electric Ready and Solar Ready Code. SECTION 6. Section 4-6-2 of the Pueblo Municipal Code is amended by repealing in their entirety the title and subsections (o), (p), and (q) thereof, and amending the section heading, to read as follows: Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F Sec. 4-6-2. Amendments. Subsections (a) through (n) of Section 4-6-2, containing amendments to the International Residential Code, remain unchanged and in full force and effect. The following subsections are repealed: [(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 Floor U- Basement Crawl Zone U-Factor f U-Factor Fenestration U-Factor Frame Wall U- Factor Wall U- Space SHGC d,e Wall U- Factor b Factor Wall U- 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.] [(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- U- Wall R- R- Space Factor SHGC b,e Factor Wall U- Factor Factor Value c,g Value Wall U- b Factor h &Amp; Factor g Depth c,g 5 And 0.32 0.55 0.40 49 20 h or 13/17 30 15ci or 19 10ci 2f 15ci or Marine 13 + or 19 or 4 5ci h 13&5ci 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 Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F 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. 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 nintey percent (90%) of all permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain high -efficiency lighting sources."] SECTION 7. 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 2021 International Energy Conservation 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 8. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F 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. Action by the Mayor: ® Approved on 06/24/2026 ❑ Disapproved on Dacusigned by: President of City Council based on the following objections: igned by, W Mayor Action by City Council After Disapproval by the Mayor: ❑■ 0 0 Council did not act to override the Mayor's veto. Ordinance re -adopted on a vote of Council action on failed to override the Mayor's veto. President of City Council ATTEST L;DOGUSigned by: City Clerk Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F City Clerk's Office Item # S2 W PUEBLO is 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 CHAPTER 12 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE; AMENDING SECTIONS 4-2-1 AND 4-2-2 OF THE PUEBLO MUNICIPAL CODE TO REFLECT THE RELOCATION OF THE INTERNATIONAL ENERGY CONSERVATION CODE; AMENDING SECTION 4-1-2 OF THE PUEBLO MUNICIPAL CODE; AND PROVIDING PENALTIES AND REMEDIES FOR THE VIOLATION THEREOF SUMMARY: Attached is an Ordinance amending Chapter 12 of Title IV of the Pueblo Municipal Code by adopting by reference the 2021 International Energy Conservation Code. Sections C110 (Board of Appeals) and R110 (Means of Appeals) of the 2021 International Energy Conservation Code are not adopted and are expressly deleted, consistent with the existing administrative framework of the Pueblo Municipal Code, with appeals from any decision of the Building Official 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 Sections 4-2-1 and 4-2-2 of the Pueblo Municipal Code to remove the existing reference to the International Energy Conservation Code in Chapter 2 of Title IV (which currently bundles that code with the International Building Code) and to repeal the existing local amendments to the International Energy Conservation Code, and amends Section 4-1- 2 of the Pueblo Municipal Code to reflect the relocation. Adoption of the 2021 International Building Code under Ordinance No. 10466 is unaffected by this Ordinance. This Ordinance is the second of two related Ordinances. The companion Ordinance, adopting the 2025 Colorado Model Electric Ready and Solar Ready Code and creating Chapter 12 of Title IV of the Pueblo Municipal Code, was previously introduced to City Council. 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 Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F 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. PREVIOUS COUNCIL ACTION: On May 22, 2023, City Council approved Ordinance No. 10466, which amended Chapter 2 of Title IV of the Pueblo Municipal Code to adopt by reference the 2021 International Building Code, the 2021 International Energy Conservation Code, and the 2021 International Existing Building Code, with local amendments. This Ordinance repeals the local amendments to the 2021 International Energy Conservation Code and re -adopts that code without amendment in Chapter 12 of Title IV. Adoption of the 2021 International Building Code under Ordinance No. 10466 is unaffected by this Ordinance. 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 City currently has the 2021 International Energy Conservation Code adopted by reference under Ordinance No. 10466 (May 22, 2023) with local amendments, codified at Section 4-2-2 of the Pueblo Municipal Code. This Ordinance repeals those local amendments and re -adopts the 2021 International Energy Conservation Code in Chapter 12 of Title IV. The Ordinance carries forward, in new Section 4-12-2(b) of the Pueblo Municipal Code, the existing express deletion of Sections C110 (Board of Appeals) and R110 (Means of Appeals) of the International Energy Conservation Code, 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. New Section 4-12-2(c) specifies that the placeholder for the adopting jurisdiction in Sections C101.1 and R101.1 of the 2021 International Energy Conservation Code is to read "City of Pueblo, Colorado." Both administrative amendments are administrative in nature and do not affect the energy performance of the 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 2021 International Energy Conservation 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 2021 International Energy Conservation Code as adopted by this Ordinance are set forth in full in Section 4-12-4 of the Pueblo Municipal Code, as enacted by the companion Ordinance and as expanded by this Ordinance, in compliance with C.R.S. § 31-16-204. Chapter 12 of Title IV of the Pueblo Municipal Code, as amended by this Ordinance, will Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F be enforced by the Southern Colorado Building Department under the Intergovernmental Agreement for the Operation of the Southern Colorado Building Department (Ordinance No. 11081, effective January 1, 2026), 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 (effective November 26, 2025). FINANCIAL IMPLICATIONS: Adoption of this Ordinance, together with the previously adopted companion Ordinance, qualifies the City for grant 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 this Ordinance. 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: Not applicable to this Ordinance. The Southern Colorado Building Commission has not been asked for a formal recommendation; the code adopted by the Ordinance is the code the State of Colorado has identified for adoption to comply with C.R.S. § 31-15- 602(3.5)(a), and the structural choice of placing the code in Chapter 12 of Title IV is a matter of municipal code organization rather than building code substance. 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 2021 International Energy Conservation 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, the City's existing local amendments to the 2021 International Energy Conservation Code under Ordinance No. 10466 (May 22, 2023) remain in force. Those amendments may not satisfy the equivalent -or -better - performance standard at C.R.S. § 31-15-602(3.5)(a) when measured against the unamended 2021 International Energy Conservation Code, exposing the City to potential challenge that the existing code does not comply with state law. The City would also remain ineligible for the Colorado Energy Office grant program at C.R.S. § 24-38.5-403 notwithstanding adoption of the companion Ordinance. 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. Docusign Envelope ID: A866C22C-4A1 E-8AB6-83D6-3E7F8E60AF2F RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: Ordinance Amended 2021 IECC City of Pueblo