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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