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ORDINANCE 20-78
0 ORDINANCE NO.-78 AN ORDINANCE ADOPTING BY REFERENCE THE COLORADO MODEL ENERGY EFFICIENCY CONSTRUCTION AND RENOVATION STANDARDS FOR NONRESIDENTIAL BUILDINGS OF THE STATE OF COLORADO AND THE COLORADO RECOMMENDED ENERGY CONSERVATION “PERFORMANCE”CODE FOR NEW CONSTRUCTION AND RENOVATION OF RESIDENTIAL BUILDINGS,REPEALING ALL ORDINANCES OF THE TOWN OF ESTES PARK,COLORADO,IN CONFLICT OR IN CONSISTENT THEREWITH,AND PROVIDING A PENALTY FOR VIOLATION THEREOF,AND AMENDING TITLE 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO. WHEREAS,Senate Bill No.432,adopted by the Colorado General Assembly in 1977,requires each municipality which has a building code to adopt energy efficiency construction and renova tion standards for non-residential buildings prior to July 1, 1978;and, WHEREAS,the Town of Estes Park,Colorado,has a building code;and, WHEREAS,Senate Bill No.159,adopted by the Colorado General Assembly in 1977,recognizes the authority of a municipality to adopt and enforce energy efficiency standards for the construction and renovation of residential buildings; NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Adoption.Pursuant to title 31,article 16, part 2,Colorado Revised Statutes 1973,as amended,there is hereby adopted as the energy efficiency construction and renovation standards for nonresidential buildings of the Town of Estes Park, Colorado,by reference thereto,the Colorado Model Energy Effi ciency Construction and Renovation Standards for Nonresidential Buildings,adopted November,1977,and published March,1978 by the State of Colorado,Office of State Planning and Budgeting, Board for Energy Efficient Nonresidential Building Standards, 1525 Sherman Street,Denver,Colorado 80203,and as the energy efficiency construction and renovation standards for residential buildings of the Town of Estes Park,Colorado,by reference thereto, the Colorado Recommended Energy Conservation “Performance”Code for New Construction and Renovation of Residential Buildings, adopted November,1977,and published March,1978 by the State of Colorado,Division of Housing,State Housing Board,1313 Sherman Street,Denver,Colorado 80203,both to have the same force and effect as if set forth herein in every particular. The subject matter of the adopted standards include comprehensive provisions and standards regulating energy efficiency in the design,construction,renovation,erection,enlargement,altera tion,repair,conversion,occupancy,equipment and maintenance of certain nonresidential and residential buildings and structures for the purpose of protecting the public health,safety,and general welfare. Section 2.Amendments.(1)The Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings is hereby amended as follows: (a)Section 101.1 is deleted in its entirety. (b)Section 103.0 of the standards is deleted and is replaced by the following new Section 103.0 to read: 103.0.Scope.This Code sets forth the minimum require ments for design of new buildings and structures or por tions thereof and additions to existing buildings that comply with the occupancy types listed below and are designated primarily for human occupancy,regulating their exterior envelopes and selection of their HVAC,service water heating,electrical distribution and illuminating systems and equipment for effective use of energy: (1)Occupancy types other than types I or I,as defined in the Uniform Building Code,1973 edition,or types M or R-3,as defined in the Uniform Building Code,1976 edition; (2)All buildings of over three stories used for apart ments or other permanent residential purposes de fined as occupancy type H,Uniform Building Code, 1973 edition,or occupancy type R-l,Uniform Build ing Code,1976 edition,and (3)All other buildings of any number of stories used for hotels,motels,or other transient residential purposes defined as occupancy type H,Uniform Building Code,1973 edition,or occupancy type R-l, Uniform Building Code,1976 edition. Buildings shall be designed to comply with the requirements of either Section 4,5,or 6 of this Code. —2— Cc)Section 107.0 is deleted in its entirety. (d)The following new Section 108.0 is added,to read: “108.0 Administrative and Appeal Procedures.Adminis trative and appeal procedures set forth in Sections 201,202 and 204,and Chapter 3 of the Uniform Building Code,1976 Edition shall be applicable and followed in the administration of this Code.” Ce)Section 302.1 is amended by the inclusion of the following temperatures: “Winder Design Dry-Bulb -7 Degrees Fahrenheit Summer Design Dry-Bulb 79 Summer Design Wet-Bulb 58 Degree Days Heating 7970 Degrees North Latitute 40 Degrees and 23 Minutes (f)Section 502.2(a),Table 5-1,is amended by the addition of the following specific values: “Walls,3 stories or less,Heating,U0 not exceeding 0.24 Walls,3 stories or less,Cooling,OTTV not exceeding 33.6 Walls,over 3 stories,Heating,Uo not exceeding 0.29 Walls,over 3 stories,Cooling,OTTV not exceeding 33.6 Roof/Ceiling,Heating or Cooling,Uo not exceeding 0.06 Floors over unheated spaces,Heating Uo not exceeding 0.08 Slab on Grade,Heating,minimum R value 8.4 Solar Factor,Cooling 127.” (g)Section 508.3 is amended by the addition of the following: (c)All outdoor pools shall have covers which will be installed during nighttime hours. (h)Section 701.0 is amended by the addition of the following: “SMACNA refers to Sheet Metal and Air Conditioning Contractors National Association. NESCA refers to National Environmental System Contractors Association. NWMA refers to National Woodwork Manufacturers Association,Inc. (2)The Colorado Recommended Energy Conservation “Perfor mance”Code for New Construction and Renovation of Residential Buildings is hereby amended as follows: (a)Appendix 3,Section 101.1 is deleted,and is replaced by the following new Section 101.1 to read: “101.1 Application.The provisions of Sections 1 through 7 of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings,as amended,shall apply to residential buildings except where residential buildings are ex empted from such provisions and except where the pro visions of this Code differ form the provisions of the Colorado Model Energy Efficiency Constructions and Renovation Standards for Nonresidential Buildings.” —3— a C (b)Section 2 (#2)(b).Section 502.2(c),Table 5—2,is amended by the addition of the following site specific values: “Walls,Heating or Cooling,Type A-l and A-2 Building,U0 not exceeding .18 Roof/Ceiling,Heating or Cooling,Type A-l and A-2 Buildings,U not exceeding .05 Floors over Unheated Spaces,Heating or Cooling, Type A-i and A-2 Buildings,U0 not exceeding .08 Slab on Grade,Heating,Type A-l and A-2,minimum R value 8.4” Section 3.Code Copies.At least three copies of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings,the Colorado Recommended Energy Conservation “Performance”Code for New Construction and Renovation of Residential Buildings,and of each secondary code adopted therein,all certified by the Mayor and the Town Clerk to be true copies,have been and will continue to be on file in the office of the Town Clerk,and may be inspected by any interested person between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday,holidays excepted,except that one copy of each code may be kept in the office of the chief enforcement officer instead of the office of the Clerk.The Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings and the Colorado Recommended Energy Conservation “Performance”Code for New Construction and Renovation of Residential Buildings will be available for purchase by the public at a moderate price. Section 4.Penalties.It shall be unlawful for any person, firm or corporation to erect,construct,renovate,enlarge,alter, repair,improve,convert,equip,use,occupy,or maintain any building or structure in the Town of Estes Park,Colorado,or cause or permit the same to be done,contrary to or in violation of any of the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings or the Colorado Recommended Energy Conservation “Performance”Code for New Construction and Renovation of Residential Buildings. Any person,firm,or corporation violating any of the pro visions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings,or the Colorado Recommended Energy Conservation “Performance”Code for New Con struction and Renovation of Residential Buildings,or of this —4— ordinance shall be punishable by a fine not exceeding three hun dred dollars ($300.00)or imprisonment not exceeding ninety (90) days or by both such fine and imprisonment.Each and every day or portion thereof during which any such violation is committed, continued,or permitted,shall be considered a separate offense. Section 5.Severability Clause.If any part,section, subsection,sentence,clause,or phrase of this ordinance,or of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings,or of the Colorado Recom mended Energy Conservation “Performance”Code for New Construction and Renovation of Residential Buildings adopted hereby is for any reason held to be invalid,such invalidity shall not affect the validity of the remaining sections of the ordinance or of said standards;the Board of Trustees hereby declares that it would have passed the ordinance and adopted such standards in each part, section,subsection,sentence,clause,or phrase thereof,irrespec tive of the fact that one or more parts,sections,subsections, sentences,clauses or phrases be declared invalid. Section 6.Repeal.Any or all ordinances or parts of ordinances of the Town of Estes Park,Colorado,in conflict or inconsistent herewith,are hereby repealed;provided,however,that such repeal shall not affect any offense committed or act done, any penalty or forfeiture incurred or any contract,right or obli gation established prior to the time of such repeal. Section 7.That Title 14 of the Municipal Code of the Town of Estes Park,Colorado,is amended by adding thereto the following sections: 14.56.010 Adoption.The Colorado Energy Efficiency Con struction and Renovation Standards for Nonresidential Buildings,adopted November,1977,and published March,1978 by the State of Colorado,Office of State Planning and Budgeting,Board for Energy Efficient Nonresidential Building Standards,1525 Sherman Street,Denver,Colorado 80203,is enacted,adopted by reference as a secondary code and incorporated herein as if set out in length. —5— © Three copies of said code are now filed in the office of the Town Clerk and may be inspected during regular business hours. 14.56.020 Adoption.The Colorado Recommended Energency Conservation “Performance”Code for New Construction and Renovation of Residential Buildings,adopted November, 1977,and published March,1978,by the State of Colorado, Division of Housing,State Housing Board,1313 Sherman Street,Denver,Colorado 80203,is enacted,adopted by reference as a secondary code and incorporated herein as if set out in length.Three copies of said code are now filed in the office of the Town Clerk and may be inspected during regular business hours. Section 8.Effective Date.The Board of Trustees of the Town of Estes Park,Colorado,herewith funds,determines and designates that this Ordinance is necessary for the immediate preservation of the public peace,health and safety,for the regu lation of Nonresidential and Residential buildings affects the public peace,health and safety;and whereas,in the opinion of the Board of Trustees,an emergency exists,this Ordinance shall take effect and be in force after its final passage,adoption and approval and signature of the Mayor. PASSED BY THE BOARD OF TRUSTEES AFTER PUBLIC HEARING THIS DAY OF July 1978. Mayor - TOWN OF ESTES PARK,COLORADO I HEREBY CERTIFY AND ATTEST THAT THE ABOVE ORDINANCE WAS INTRODUCED AND READ AT A REGULAR MEETING OF THE BOARD OF 25’tt TRUSTEES ON THEb-DAY OF ___________, 1978,AND PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN OF ESTES PARK, COLORADO,ON THE t’.DAY OF _______, 1978,ALL AS REQUIRED BY THE STATUTES OF THE STATE OF COLORADO. Town Clerk —6—