Agenda Date: 07/15/2025
Subject:
Title
Ordinance 11-2025: An ordinance on second reading repealing and reenacting Title 4 Building Regulations, Chapter 1 Building Codes
Body
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From: |
James L. Becklenberg, City Manager |
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Prepared by: |
Tim Steinwinder, Chief Building Official |
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Matt Knight, Community Development Director |
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Presentations: |
Tim Steinwinder, Chief Building Official |
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Matt Knight, Community Development Director |
PURPOSE:
Proposal to repeal and reenact Title 4, Chapter 1 to include adoption of the 2024 editions of the International Building Codes, along with the Colorado Model Electric and Solar Ready Code, and associated amendments.
LONG-TERM OUTCOME(S) SERVED:
High Quality Governance; Sustainable Community with Natural Beauty; Safe Community
DISCUSSION:
The Building Code Amendments proposed primarily deal with the following:
Adopt the 2024 editions of the International Building Codes
Staff proposes to adopt the 2024 editions of the building codes currently in use as well as the International Wildland Urban Interface Code and the Colorado Model Electric and Solar Ready Codes. These last two are required by the state. The city is required to adopt or write our own similar codes that meet or exceed the contained provisions.
Administrative housekeeping
There are 63 minor administrative amendments primarily dealing with Chapter one of each code book. This chapter sets the administrative rules each jurisdiction will follow, such as jurisdiction name, permit expiration, Stop Work Orders etc. The amendments also clean up the current code amendments by removing amendments that have been addressed in the new version of code rendering them unnecessary. Many of the code numbers have changed as well in the new version. These changes do not affect how the code is applied, or how the division operates.
International Wildland Urban Interface Code
The city is required to adopt this code or write its own that meets or exceeds this code. This code governs wildfire hazard mitigation where urban areas meet open space. In addition to the administrative amendments mentioned earlier, staff recommends amending section 101.2 to indicate that this code only applies to areas assigned a risk factor on the Wildfire Risk Map, created by the Colorado State Forest Service. The proposed amendments include Appendix A which contains relevant information regarding permits and vegetation clearances. This appendix also covers temporary structures. The proposed Appendix C provides compliance alternatives to reduce the design and financial burdens for customers and contractors, while still maintaining fire safety goals.
Building Thermal Envelope
The proposed amendments in IECC C503.2, IECC R503.1.1, and IRC 1111.1.1 eliminate the requirement to upgrade elements of the thermal envelope if it is exposed during renovations. While this seems to make sense, the reality is that walls of existing structures are not constructed to contain the required amount of insulation. This also flies in the face of the definition of “Scope of Work”. If the city starts requiring everything exposed to be brought to code, budgets and scope spiral out of control. Inspectors are trained to deal with only the permitted scope. If something isn’t touched, it doesn’t need to be brought to code. The only exceptions to this are observed life-safety issues, or structural issues which may become life-safety issues. The proposed amendments include an exception that requires building thermal envelope upgrades if the renovations create more fenestration space which reduces the existing wall’s insulative value.
Photovoltaic Setbacks
The proposed amendments to IRC R329.6 include requiring an 18” setback for photovoltaic panels on townhouse, and attached home roofs, at the virtual lot line. This will allow fire access to the middle of a continuous roof over multiple dwellings.
Lighting Controls
Proposed amendments to IRC N1104.2 and IECC R404.2 eliminate the requirement for motion sensors, or dimmer switches on all lights within hallways, bathrooms, and any lighting for safety and security. This would not apply to exterior lighting. While it is clear what this code is trying to accomplish, most dimmers do not save energy, they bleed off excess energy as heat. If a customer wants a dimmer for a hallway or bathroom, it’s easy enough to install, but requiring $50 switches where a $2 switch would suffice is excessive. Staff anticipates very few situations where these types of switch options would provide any benefit in a hallway or bathroom.
Clothes Dryer Exhaust
Proposed amendments to IFGC 614.4.1, IMC 504.4.1, IRC M1502.3, and IRC G2439.3 require clothes dryer exhausts to be a minimum of 12” above grade to avoid being blocked by snow.
Roof Drainage Scuppers
Proposed amendments to IBC 1502.3 add roof drainage scuppers back into the code where it has been removed by the new edition. Roof drainage scuppers are emergency overflow drains, typically cut through a parapet wall. The code still exists in the IPC but was removed from the IBC. The result is that builders and roofers would then be required to hire a licensed plumber to essentially cut a hole in a wall. Scuppers are generally installed by the builder, roofer, or mason.
Roof Drainage Diversion
Proposed amendments to IRC R801.3 require the diversion of roof drainage runoff 5’ from slab foundations. It has always been a requirement for continuous foundations, but slab foundations can be negatively affected by roof runoff as well. This amendment would not apply to pier foundations.
Work Exempt from permit
Proposed amendments to IBC 105.2, and IRC 105.2 clarify the definition and measurement criteria for fences, site wall, and retaining walls. If a wall is built that is exposed to the outdoors on both sides, and is under 7’ tall, it is a fence and would be governed by those requirements. The height of a retaining wall is not measured from the bottom of the footing, but from grade. The portion of a retaining wall underground does not have any lateral load applied to it. Only the portion above grade does, therefore the maximum 4’ height before a permit is required starts at grade.
Accessory Dwelling Unit Separation
Adoption of IRC Appendix BC which offers a compliance alternative to the fire separation of a primary dwelling and a contained ADU is proposed. Currently a 1-hour fire separation is required between the primary residence and the contained ADU. That may be in the form of a fire resistance rated wall, or a fire resistance rated floor ceiling assembly. This is extremely cost prohibitive and deters people from the ADU option. Appendix BC instead allows interconnected smoke detectors between the primary residence and the ADU to serve in place of the fire resistance rated assembly.
Roof Recovering
The deletion of IBC 1512.3.1, IEBC 705.3.1, and IRC R908.4.1 is proposed as it would allow a second layer of roofing to be installed over wood shakes. This would significantly increase the weight bearing on the existing roof structure and create hidden fire hazards. At no time should encapsulating wood shakes inside a roofing system be allowed.
Guards on Retaining Walls
The deletion of IBC 1807.2.5 is proposed which would require guardrails on all commercial retaining walls regardless of whether they are near a walking path, patio, or circulation area. This would be costly, and unsightly. Within the fall protection code, the city has provisions to require guardrails where there is a fall hazard of 30” or greater within 36” of any walking surface.
BACKGROUND:
The 2025 Strategic Plan lists adoption of the latest building codes as one of its goals. The final versions of the 2024 codes have finally been released allowing the city to move forward. There are also new codes and house bills required by the state to be adopted to stay in compliance. This adoption and amendment package will update the city to the most current code cycles. A second amendment package is planned for early 2026 to address any new issues identified with implementing the new codes.
Prior Actions or Discussions
The 2021 International Building Codes and 2023 National Electric Code were adopted in December of 2023, and amended in 2024.
This ordinance was approved by council on first reading on June 3, 2025.
FISCAL IMPACTS:
These amendments will have no fiscal impact on the city but will reduce costs for contractors.
STAFF RECOMMENDATION:
Staff recommends that council support moving forward with these code adoptions and amendments through the appropriate ordinance process.
ALTERNATIVES:
Declining to adopt the amendments at this time will stall the progression of the Strategic Plan and leave the city out of compliance with state mandated code adoptions. Not adopting these amendments will also leave the city without the tools to govern the ever-evolving energy and sustainability innovations in construction and stifle the contribution of ADUs to the housing shortage.
PROPOSED MOTION:
Proposed Motion
I move to approve Ordinance 11-2025 on second reading repealing and reenacting Title 4 Building Regulations, Chapter 1 Building Codes.