HomeMy WebLinkAbout11200Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
ORDINANCE NO. 11200
AN ORDINANCE AMENDING SECTION 4-6-2 OF THE
PUEBLO MUNICIPAL CODE BY REPEALING LOCAL
AMENDMENTS TO CHAPTER 11 OF THE 2021
INTERNATIONAL RESIDENTIAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 4-6-2 of the Pueblo Municipal Code is amended by repealing in their
entirety subsections (o), (p), and (q) thereof, 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 Southern Colorado Building Department - Enforcement Agency.
"Administration and enforcement of this Code and all related and secondary codes
are hereby delegated to the Southern Colorado 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 Southern Colorado 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 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
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
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 12-120-216 and 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 (2) 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 issued," is 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 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
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
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 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) Subsection R301.2, entitled "Climatic and Geographic Design Criteria," is
amended by the addition of Table R301.2(5), entitled "Pueblo County Ground Snow
Loads," to read as follows:
"Table R301.2(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
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
10,300
55
10,550
56
10,800
58
11,050
59
11,300
1 60"
0) 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.
(1) 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 (2) rises are required, landing length at the
exterior door may be reduced to eighteen inches (18") provided the door does not swing
over stairs. Maximum height of landing shall not exceed thirty inches (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.
(n) Subsection R313.2 of the I.R.C., entitled "One- and two-family dwellings
automatic fire systems," is deleted.
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) Reserved. [Table R1102.1.2 (R402.1.2), entitled "Maximum Assembly U-
Factors a and Fenestration Requirements" is amended to read as follows:
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
CLIMAT
FENESTRATIO
SKYLIGH
GLAZED
CEILIN
WOOD
MASS
FLOOR
BASEMEN
CRAWL
E ZONE
N U-FACTOR f
T U-
FENESTRATIO
G U-
FRAME
WALL
U-
T WALL U-
SPACE
FACTOR
N SHGC d,e
FACTO
WALL
U-
FACTO
FACTOR
WALL
R
U-
FACTO
R
U_
FACTO
R b
FACTO
R
R
5 and
0.32 f
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 SHGC 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) Reserved [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
SLAB
CRAWL
ZONE
U-FACTOR b, i
U-
FENESTRATION
R-
FRAME
WALL
R-
WALL R-
R-
SPACE
FACTOR
SHGC b,e
VALUE
WALL
R-
VALUE
VALUE c, g
VALUE
WALL
R-
VALUE
&
R-
VALUE
h
DEPTH
VALUE
d
c, g
5 and
0.32 i
0.55
0.40
49
20 h or
13/17
30
15ci or 19 or
10ci, 2
15ci or
Marine 4
13 + 5ci
13&5ci
ft
19 or
h
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.
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
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 four thousand feet (4,000 ft)
in elevation.]
(q) Reserved [Section N1104.1 (R404.1) of the I.R.C., entitled "Lighting
equipment" is amended to read as follows:
"Not less than ninety [ninety] percent (90%) of all permanently installed
lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain
high -efficiency lighting sources."]
(r) Subsection M1305.1.3 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."
(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 2.
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.
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.
DacuSigned by:
a(
President of City Council
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
Action by the Mayor:
12 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 FDOGUSigned by:
City Clerk
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
City Clerk's Office Item # S3
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 SECTION 4-6-2 OF THE PUEBLO
MUNICIPAL CODE BY REPEALING LOCAL AMENDMENTS TO
CHAPTER 11 OF THE 2021 INTERNATIONAL RESIDENTIAL CODE
SUMMARY:
Attached is an Ordinance amending Section 4-6-2 of the Pueblo Municipal Code by
repealing in their entirety subsections (o), (p), and (q) thereof. Those three subsections
are local amendments to Chapter 11 (Energy Efficiency) of the 2021 International
Residential Code adopted under Ordinance No. 10468 (effective June 29, 2023).
Specifically, they amend Table R402.1.2 (Maximum Assembly U-Factors and
Fenestration Requirements), Table R402.1.3 (Insulation Minimum R-Values and
Fenestration Requirements by Components), and Section R404.1 (Lighting equipment)
of the International Residential Code by substituting residential energy efficiency values
for those prescribed by the unamended 2021 International Energy Conservation Code
at the corresponding Sections R402.1.2, R402.1.3, and R404.1. Repealing these
subsections aligns the residential energy provisions of the International Residential Code
as applied in the City with the residential energy provisions of the unamended 2021
International Energy Conservation Code being re -adopted in the companion Ordinance,
and is necessary to satisfy the equivalent -or -better -performance standard at C.R.S. §
31-15-602(3.5)(a).
On June 29, 2023, City Council adopted Ordinance No. 10468, which amended Chapter
6 of Title IV of the Pueblo Municipal Code to adopt the 2021 International Residential
Code published by the International Code Council, Inc., with local amendments codified
at Section 4-6-2(a) through (s) of the Pueblo Municipal Code. Subsections (o), (p), and
(q), which this Ordinance repeals, are part of the local amendments adopted by
Ordinance No. 10468.This Ordinance is the third in a series of three related Ordinances.
This Ordinance completes the residential energy code compliance package by removing
the parallel local amendments operating through the International Residential Code. The
three Ordinances together bring the City into compliance with C.R.S. § 31-15-
602(3.5)(a), which requires municipalities updating any building code between July 1,
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
2023 and June 30, 2026 to adopt an energy code achieving equivalent or better
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.
PREVIOUS COUNCIL ACTION:
On June 29, 2023, City Council adopted Ordinance No. 10468, which amended Chapter
6 of Title IV of the Pueblo Municipal Code to adopt the 2021 International Residential
Code published by the International Code Council, Inc., with local amendments codified
at Section 4-6-2(a) through (s) of the Pueblo Municipal Code. Subsections (o), (p), and
(q), which this Ordinance repeals, are part of the local amendments adopted by
Ordinance No. 10468.
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 residential provisions of the 2021 International Energy Conservation Code are
duplicated, by design, in Chapter 11 (Energy Efficiency) of the 2021 International
Residential Code. The two codes operate as parallel tracks for the same regulated
buildings: the International Energy Conservation Code residential provisions and the
International Residential Code Chapter 11. Local amendments to either code's
residential energy provisions therefore must be addressed in parallel to maintain a
consistent and compliant residential energy regime.
Subsections (o), (p), and (q) of Section 4-6-2 of the Pueblo Municipal Code are local
amendments to Sections R402.1.2, R402.1.3, and R404.1 of the International
Residential Code. Each subsection sets values that are weaker than the corresponding
unamended provisions of the 2021 International Energy Conservation Code. Specifically:
subsection (o) sets a Ceiling U-Factor of 0.026 and a Wood Frame Wall U-Factor of 0.06
for Climate Zone 5 and Marine 4, against unamended International Energy Conservation
Code values of 0.024 and 0.045 respectively; subsection (p) sets a Ceiling R-Value of
R-49 and a minimum Wood Frame Wall R-Value of R-20, against unamended
International Energy Conservation Code values of R-60 and R-30; subsection (q) sets a
90% threshold for permanently installed lighting fixtures containing high -efficiency
lighting sources, against the unamended International Energy Conservation Code
requirement that all such fixtures contain high -efficacy lighting sources. So long as these
subsections remain in effect, the City's residential energy code regime does not achieve
equivalent or better performance than the unamended 2021 International Energy
Conservation Code.
The companion Ordinance re -adopting the 2021 International Energy Conservation
Code repeals the parallel local amendments codified at Section 4-2-2(aa), (bb), and (cc)
of the Pueblo Municipal Code, which amend International Energy Conservation Code
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
Sections R402.1.2, R402.1.3, and R404.1 in substantively identical terms. This
Ordinance performs the corresponding repeal on the International Residential Code side.
This Ordinance is a straightforward amendment of the Pueblo Municipal Code under City
Charter Section 3-19. It does not adopt any code by reference and therefore does not
require the procedures set forth at C.R.S. §§ 31-16-201 through 31-16-208. The 2021
International Residential Code remains adopted under Ordinance No. 10468 with the
remaining local amendments at Section 4-6-2(a) through (n), (r), and (s) in full force and
effect.
FINANCIAL IMPLICATIONS:
Adoption of this Ordinance, together with the previously adopted Ordinance creating
Chapter 12 of Title IV and the companion Ordinance re -adopting the 2021 International
Energy Conservation Code, completes the residential energy code compliance package
qualifying 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. This
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.
STAKEHOLDER PROCESS:
This Ordinance will follow the procedures for ordinance passage at City Charter Section
3-19, including introduction at one regular meeting of the City Council, publication once
in a newspaper of the City at least ten days before final passage, and final passage at a
subsequent regular meeting.
ALTERNATIVES:
If this Ordinance is not approved, local amendments at Section 4-6-2(o), (p), and (q) of
the Pueblo Municipal Code remain in force and continue to govern residential buildings
constructed under the International Residential Code. Those amendments establish
residential energy efficiency values weaker than the unamended 2021 International
Energy Conservation Code provisions. The City's residential energy code regime would
therefore not achieve equivalent or better performance than the 2021 International
Energy Conservation Code, defeating the compliance argument under C.R.S. § 31-15-
602(3.5)(a) notwithstanding adoption of the companion Ordinance re -adopting the
unamended International Energy Conservation Code, and rendering the City 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
Docusign Envelope ID: 11 B399CF-A3D2-8419-8205-5105F9BE8824
ATTACHMENTS:
Ordinance