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HomeMy WebLinkAboutPACKET Special Town Board Joint Study Session EVFPD 2026-02-13Informal discussion among Trustees and staff concerning agenda items or other Town matters may occur before this meeting at approximately 7:45 a.m. Special Joint Study Session between the Town Board of Trustees and the Estes Valley Fire Protection District Board of Directors February 13, 2026 from 8:00 a.m. – 9:30 a.m. To be held virtually via Zoom and streamed to the Town YouTube page. Accessibility Statement The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Meeting Participation This meeting will be streamed live & available on the Town YouTube page. Click on the following links for more information on Digital Accessibility. Public comment Public comments are not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a majority of the Board. Agenda 8:00 a.m. Introductions 8:05 a.m. 2025 Colorado Wildfire Resiliency Code Discussion 9:30 a.m. Adjourn The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Estes Valley Fire Protection District Board of Directors Through: Town Administrator Machalek From: Jon Landkamer, Division Chief of Support Services Stacey Sutherland, Fire Code Inspector II/ Captain Steve Careccia, Community Development Director Dan Wester, Chief Building Official Date: February 13, 2026 Subject: Colorado Wildfire Resiliency Code Purpose of Study Session Item: Provide the Town Board and Board of Directors with an overview of the draft Colorado Wildfire Resiliency Code (Code) with local amendments proposed for adoption by the Estes Valley Fire Protection District and ratification by the Town of Estes Park. Division Chief Landkamer will lead the presentation at the study session. Town Board Direction Requested: Direction from the Town Board and Board of Directors is sought on the provisions and proposed local amendments contained within the attached Code. Present Situation: The Colorado Department of Public Safety, Division of Fire Prevention and Control, through establishment of a Wildfire Resiliency Code Board, adopted the Colorado Wildfire Resiliency Code on June 1, 2025. This model code establishes minimum standards for the protection of life and property from the hazards of wildfire. As a model code establishing minimum standards, municipalities may adopt more restrictive standards through local amendments, but not less restrictive. Municipalities are required to adopt wildfire regulations that meet or exceed those established in the State model code by April 1, 2026. Municipal compliance with the adopted code is required by July 1, 2026. Proposal: The attached Code (Attachments 1&2) is the State model code with local amendments proposed by the Fire Protection District. The local amendments are similar to those recently adopted by Larimer County, but modified to better reflect the context of the Estes Valley. General provisions of the draft Code and local amendments include: 1. Applicability to the entire Estes Valley Fire Protection District (including incorporated Estes Park town limits) versus use of the adopted State map, which excludes portions of the Town and District from the Code. ADOPTED STATE MAP (Estes Valley Area) 2. Removal of Low, Moderate, and High Fire Intensity Classifications, as adopted in the State model code, in favor of designating the entire Fire Protection District as a Wildland-Urban Interface area subject to a uniform application of the Code’s requirements (Attachment 3). 3. Establishes structure hardening requirements (e.g. use of ignition-resistant or noncombustible materials) for buildings and structures. Applies such requirements uniformly to all buildings and structures within the Fire Protection District, rather than using separate Class 1 and Class 2 designations having different requirements based on fire intensity (Low, Moderate, High), as adopted in the State model code. 4. Establishes site and area requirements applicable to all land within the Fire Protection District rather than using separate Class 1 and Class 2 designations having different requirements based on fire intensity (Low, Moderate, High), as adopted in the State model code. Such requirements establish Structure Ignition Zones (0-5 feet, 5-30 feet, 30-100 feet) around a building or structure, with prohibitions on what can be planted and installed within these zones. 5. Code requirements apply to: a. New buildings and structures (not retroactively applied to legal existing buildings and structures); b. Additions or alterations that increase the existing building or structure footprint by 500 square feet or more; c. Total roof cover of a building or structure when 25% or more of the roof cover is proposed for replacement, reconstruction, alteration, or repair; d. Total exterior wall area of a building or structure when 25% or more of the total exterior wall area is proposed for replacement, reconstruction alteration, or repair; e. Fencing within eight feet of a habitable building or structure. 6. Establishes a Code Official to administer and enforce the Code (intended to be the Fire Chief for the Fire Protection District and the Chief Building Official for the Town). 7. Requires permits for applicable construction (i.e. a new permit for fencing is proposed). 8. Establishes criteria for the preparation and submittal of construction documents (e.g. site plans, building/structure footprints, landscaping and vegetation, topography, defensible space) with application for building permits. Some exceptions to the Code’s requirements include: 1. Interior alterations of existing buildings and structures; 2. Painting, staining, and similar restorative or maintenance work; 3. One-story, detached accessory structures not intended for habitation (e.g. sheds) located at least 10 feet from an occupiable structure and less than 200 square feet (residential) and 120 square feet (non-residential) in area; 4. Certain accessory buildings and structures (i.e. used for utility or agricultural purposes) located more than 50 feet from a habitable/occupiable structure; 5. Fences more than eight feet from a habitable structure. The Town (Community Development Building Division) will assume primary responsibility for implementing the Code’s structure hardening requirements through the intake, processing, and review of building permits and inspection of associated improvements. The Fire Protection District will assume primary responsibility for the review and inspection of site and area requirements. Clarification of responsibilities and other administrative functions will be further addressed through consideration of a cooperative agreement resolution during the adoption and ratification of the Code. Advantages: • Increased protection of property and life from wildfire hazards • Implementing measures to protect property and life from wildfire hazards is an established goal within the Estes Forward Comprehensive Plan • Potential to create conditions for increased insurability of buildings, structures, and property Disadvantages: • Portions of Estes Park and the Estes Valley are excluded from the high wildfire hazard zones on the adopted State Map • Implementing the Code may require additional permits (e.g. fence permit), inspections, and longer review times to ensure compliance with the Codes requirements • Enforcement of site and area requirements could result in property owners having to remove or severely prune existing trees and vegetation on their property • Construction costs may increase due to new requirements for fire-hardened building materials and construction methods Finance/Resource Impact: Administration and enforcement of the Code’s provisions will require significant staff time and resources (without additional State funding). Level of Public Interest: It is anticipated that public interest will be moderate. Feedback received from the Development Code update’s public engagement efforts indicate there is broad community support for wildfire mitigation measures in general but mixed support for required landscape and vegetation removal as part of defensible space efforts. Attachments: 1. 2025 Colorado Wildfire Resiliency Code (July 1, 2026) with Local Amendments (Clean Version) 2. 2025 Colorado Wildfire Resiliency Code (July 1, 2026) with Local Amendments (Working Draft) 3. Estes Valley Fire Protection District Risk Map ATTACHMENT 1 2025 Colorado Wildfire Resiliency Code 01 July 2026 CWRC Version 1.0 ATTRIBUTIONS ALL RIGHTS RESERVED. This material contains significant portions from the 2024 International Wildland Interface Code (“2024 IWUIC”), which is a registered copyrighted work owned by the International Code Council, Inc. (the “ICC”). The 2024 IWUIC, and any and all portions thereof, have been obtained and reproduced herein with permission. The “International Code Council”, “International Wildland Interface Code”, the acronyms “ICC” and “IWUIC”, and the ICC logogram are registered trademarks and service marks of ICC. Use of these marks or the 2024 IWUIC without advance written permission from the ICC is prohibited. 2 | P a g e Table of Contents Chapter 1 - Scope and Administration................................................................................ 3 PART 1 GENERAL PROVISIONS................................................................................ 3 SECTION 101 SCOPE AND GENERAL REQUIREMENTS......................................... 3 SECTION 102—APPLICABILITY.................................................................................. 5 PART 2—ADMINISTRATION AND ENFORCEMENT.................................................. 7 SECTION 103—CODE COMPLIANCE AGENCY........................................................ 7 SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL.......................... 7 SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS………………...11 SECTION 106—FEES...................................................................................................11 SECTION 107—STOP WORK ORDER........................................................................11 SECTION 108 – CONSTRUCTION DOCUMENTS………………………...…………….12 Chapter 2 - Definitions........................................................................................................12 SECTION 201 GENERAL.............................................................................................12 SECTION 202 DEFINITIONS........................................................................................12 Chapter 3 - Wildfire Hazard Identification............................................................................15 SECTION 301 GENERAL..............................................................................................15 SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS………….…15 SECTION 303 MAPPING AND APPLICABILITY...........................................................15 SECTION 304 GROUND-TRUTHING........................................................................... 15 Chapter 4- Structure Hardening.......................................................................................... 16 SECTION 401 GENERAL.............................................................................................. 16 SECTION 402 BUILDING MATERIAL........................................................................... 16 SECTION 403 STRUCTURE HARDENING.................................................................. 18 Chapter 5- Site and Area Requirements............................................................................. 21 SECTION 501 GENERAL.............................................................................................. 21 SECTION 502 REQUIREMENTS…………………………………………………….…..….21 Appendix A – PERMITS…………………………………………………………………………...23 Appendix B – CONSTRUCTION DOCUMENTS………………………………………………..25 Appendix C – INSPECTION AND ENFORCEMENT…………………………………………...26 3 | P a g e Chapter 1 - Scope and Administration PART 1 GENERAL PROVISIONS SECTION 101 SCOPE AND GENERAL REQUIREMENTS The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Colorado Wildfire Resiliency Code as adopted by Estes Valley Fire Protection District, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises that contain occupiable and/or habitable space, or change in use resulting in an occupiable and/or habitable space, unless excepted, within the wildland-urban interface areas of Colorado, as designated in this code. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Factory-built structures (non-residential, residential, and tiny homes). Structure hardening provisions of this code for factory-built structures as defined by sections 24-32-3302(9), (10), (11), and (35), C.R.S., are in accordance with Rules adopted by the Division of Housing in 8 CCR 1302-1, Rule 2 Codes and Standards. 101.2.3 HUD code homes. Homes built to the Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards are exempt from structure hardening requirements on their first installation. Homes built to the HUD Manufactured Home Construction and Safety Standards which are moved into an applicable Wildfire Resiliency code area are subject to the provisions of this code as required by the authority having jurisdiction. 101.3 Purpose. The purpose of this code is to establish minimum regulations for the safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban 4 | P a g e interface areas shall be in accordance with this code. This code shall supplement the jurisdiction’s building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire- and life-safety hazards of the wildland-urban interface areas. 101.4 Retroactivity. The provisions of the code shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code and conditions that, in the opinion of the code official, constitute a distinct hazard to life or property. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. 101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that, when the work increases the footprint of the existing structure by 500 square feet or greater, the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 101.6 Roof coverings. The roof covering on buildings or structures in existence prior to adoption of this code that are replaced or have 25 percent or more of the surface area of the roof replaced, or where work to reconstruct, alter, or repair the roof covering effectively replaces such material, shall require the entirety of the roof covering to be replaced with a roof covering required for new construction specified in Sections 403.2 through 403.2.2. Exception: Existing roof coverings that are compliant with Section 403.2. 101.7 Exterior walls. The exterior walls of building or structures in existence prior to adoption of this code where 25 percent or more of the total exterior wall surface area is replaced, or where work to reconstruct, alter or repair the exterior walls effectively replaces the exterior wall material, shall require the entirety of the exterior wall surface area, including attachments, to be replaced with materials required for new construction specified in Section 403.6 through 403.6.2 and the immediate zone within 5 feet of the structure shall be made to comply with Section 503.1. Exception: Existing exterior walls that are compliant with Section 403.6. 5 | P a g e 101.8 Maintenance. Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in conformance to the code edition under which installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation. SECTION 102—APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code, or any other adopted code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code are listed throughout this code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and the referenced codes and standards, the provisions of this code shall govern. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. 102.5 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or policies adopted by the authority having jurisdiction, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official’s jurisdiction or responsibility. 102.6 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety and general welfare. 102.7 Partial invalidity. In the event that any part or provision of this code is held to be 6 | P a g e illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the International Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 102.9 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 102.9.1 Historic preservation exemption. The authority having jurisdiction may establish a historic preservation exemption or exemptions in their jurisdiction that consists of the spirit and intent of this code. 102.10 Work exempt from permit under this code. Exemptions from code requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, non-habitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 200 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and 7 | P a g e Miscellaneous Group U (including Agricultural Structures) located more than 50 feet from a structure containing occupiable or habitable space. 9. Fences located more than 8 feet from a habitable structure. PART 2—ADMINISTRATION AND ENFORCEMENT 103—CODE COMPLIANCE AGENCY 103.1 Creation of agency. The Estes Valley Fire Protection District is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code. 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code. 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report. 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction. 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose 8 | P a g e necessary recommendations. 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.2.2 through 104.2.2.7, as applicable. 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. 104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 9 | P a g e 104.2.2.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.2.6.1 and 104.2.2.6.2. 104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official. 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official. 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement agency. 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.4 Access to Property. For the purpose of inspecting and enforcing the provisions of this code and the terms and conditions of any permit issued under this code, the code official is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with this code and to evaluate conditions relative to the permit application. 104.4.1 Authorization. The owner or occupant of the property having a permit under this code shall allow the code official access to the property to perform the required inspections. If access is denied, the code official shall apply to the Court with jurisdiction to seek authority to access the property. 10 | P a g e 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5. 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 106. 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order and approved. 11 | P a g e 104.10 Other agencies. When requested to do so by the code official, other officials of this jurisdiction shall assist and cooperate with the code official in the discharge of the duties required by this code. SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS 105.1 General. The code official is authorized to issue a permit for temporary uses, equipment and systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause. 105.2 Conformance. Temporary uses, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare. 105.3 Temporary service utilities. The code official is authorized to give permission to temporarily supply service utilities. 105.4 Termination of approval. The code official is authorized to terminate such permit for temporary uses, equipment and systems and to order the same to be discontinued. SECTION 106—FEES 106.1 General. Fees shall be in accordance with the fee schedule adopted by Estes Valley Fire Protection District, and/or the Town of Estes Park. SECTION 107—STOP WORK ORDER 107.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 107.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 107.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 107.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. 12 | P a g e SECTION 108 - CONSTRUCTION DOCUMENTS 108.1 Site plan. In addition to the requirements for plans in the International Building Code, International Existing Building Code, and International Residential Code, site plans shall include topography, landscape and vegetation details, and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. 108.2 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. 108.3 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation. Chapter 2 - Definitions SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies. SECTION 202 - DEFINITIONS ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. 13 | P a g e APPROVED. Acceptable to the code official. AUTHORITY HAVING JURISDICTION (AHJ). The governmental agency, fire protection district or other entity charged with adopting, interpreting and administering this code. BUILDING. Any structure intended for supporting or sheltering any occupancy. CLASS A TESTS. Class A Tests are applicable to roof coverings that are expected to be effective against severe fire exposure, afford a high degree of fire protection to the roof deck, do not slip from position, and are not expected to present a flying brand hazard. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official’s authorized representative. DEFENSIBLE SPACE. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. EMBELLISHMENTS. Elements incorporated in design and construction for ornamental or decorative purpose that are not integral to the structure or structural support. FIRE INTENSITY CLASSIFICATION. The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. FIRE-RETARDANT-TREATED WOOD. Fire-retardant-treated wood is any wood product that, when impregnated with chemicals by a pressure process or other means during manufacture, shall have, when tested in accordance with ASTM E84 or UL 723, a listed flame spread index of 25 or less. The ASTM E84 or UL723 test shall be continued for an additional 20-minute period and the flame front shall not progress more than 10.5 feet beyond the centerline of the burners at any time during the test. FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E84. FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of nonfire- resistive vegetation or altering the type of vegetation to reduce the fuel load. HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. HEAVY TIMBER CONSTRUCTION. As described in Section 602.4 of the 2024 International Building Code. HOME IGNITION ZONE. Home Ignition Zone is the home and the area around the home 14 | P a g e (or structure). The HIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames. IGNITION-RESISTANT VEGETATION. Plants that are less likely to readily ignite from a flame or other ignition source and produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is not less than 6 inches. Log wall construction shall follow requirements of ICC 400. MULTILAYERED GLAZED PANELS. Window or door assemblies that consist of two or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed. NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. 2. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 3. For the purposes of this code, fire-rated gypsum board tested in accordance with ASTM C1396 with no less than a 1-hour fire-resistance-rating with fire exposure from the outside only is considered a noncombustible material. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes or in which occupants are engaged at labor. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SLOPE. The variation of terrain from the horizontal; the number of feet rise or fall per 100 feet measured horizontally, expressed as a percentage. STRUCTURE. That which is built or constructed. STRUCTURE IGNITION ZONE. Structure Ignition Zone is the structure and the area around the structure (or home). The SIZ takes into account both the potential of the structure to 15 | P a g e ignite and the quality of defensible space surrounding it. TREE CROWN. The primary and secondary branches growing out from the main stem, together with twigs and foliage. WILDLAND-URBAN INTERFACE. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. Chapter 3 - Wildfire Hazard Identification SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the findings of fact to be regulated by this code. 301.2 Objective. The objective of this chapter is to provide simple baseline criteria for determining wildland-urban interface areas based on the wildfire hazard. SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS 302.1 Declaration. Because of the history of and potential for large, destructive wildland fires, all of Estes Valley Fire Protection District is deemed a wildland-urban interface area. Structures and parcels shall be constructed and maintained in accordance with the provisions for structure hardening of Chapter 4 and site and area requirements of Chapter 5. SECTION 303 MAPPING AND APPLICABILITY 303.1 Mapping of Wildfire Hazard Areas. Wildfire Hazard shall be recorded on official maps. These maps identify areas subject to the provisions of this code and shall be available for public inspection through an accessible online platform and at designated local government offices. 303.1.1 Map. This map shall be based on a combination of factors including, but not limited to, vegetative fuels, topography, local weather patterns, and fire behavior modeling data. 303.1.2 Locally Developed Mapping. The AHJ may develop and adopt local maps designating wildfire hazard areas within its jurisdictional boundaries. SECTION 304 GROUND-TRUTHING 304.1 Purpose. This section establishes a process for owners or the owners authorized representative to request a ground-truthing review of their property’s Wildfire Hazard or fire intensity classification as identified on state or locally adopted 16 | P a g e maps. The intent is to provide an opportunity to verify that mapping accurately reflects current, site-specific conditions. 304.2 Determination of Wildfire Hazard and Code Requirements. As determined by the code official, the Wildfire Hazard Area and associated requirements shall be based on a review of the vegetative fuels on the parcel, including but not limited to topography, local weather patterns and fire behavior modeling data.This determination shall be made based on existing conditions or conditions that have been established by a development plan approved by the local jurisdiction. Technical documentation shall be submitted in support of such request by a qualified wildfire professional and in accordance with Section 104.2. Chapter 4 - Structure Hardening SECTION 401 GENERAL 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, non-habitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 200 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet. SECTION 402 BUILDING MATERIAL 402.1 Building material. Building materials shall comply with any one of the requirements in Section 402.2 through 402.4. 402.2 Noncombustible material. Noncombustible material shall comply with the definition of noncombustible materials in Section 202. 17 | P a g e 402.3 Fire-retardant-treated wood. Fire-retardant-treated wood shall be identified for exterior use and shall meet the requirements of Section 2303.2 of the 2024 International Building Code. 402.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch. The materials, when tested in accordance with the test procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 402.4.1 through 402.4.3.3. Materials or products which melt, drip or delaminate to the extent that the flame front is interrupted are not permitted. Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019-inch thickness or corrosion- resistant steel at a minimum 0.0149 inch thickness shall not be required to be tested with a ripped or cut longitudinal gap. 402.4.1 Flame spread. The material shall exhibit a flame spread index not exceeding 25. 402.4.2 Flame front. The material shall exhibit a flame front that does not progress more than 10 feet 6 inches beyond the centerline of the burner at any time during the test. 402.4.3 Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. The materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in Sections 402.4.3.1 through 402.4.3.3, as applicable to the materials and conditions of use. 402.4.3.1 Evaluation requirements for weathering. Fire-retardant-treated wood, wood-plastic composite materials and plastic lumber materials shall be evaluated after weathering in accordance with Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing” in ASTM D2898. 402.4.3.2 Wood-plastic composite materials. Wood-plastic composite materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D7032 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 402.4.3.3 Plastic lumber materials. Plastic lumber materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D6662 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 18 | P a g e SECTION 403 STRUCTURE HARDENING 403.1 General. Structure hardening shall be in accordance with Sections 403.2 through 403.13 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface. See also Sections 101.6-101.7. 403.2 Roofing. Roofs shall have a roof covering or roof assembly classified as Class A when tested in accordance with ASTM E108 or UL 790. 403.2.1 Flame and ember protection of roofs. For roof assemblies where the roof covering profile creates a space between the roof covering and roof deck, the space shall resist the entry of flames and embers by one or more of the following methods: 1. Firestopping with noncombustible material of the space between the roof covering and the roof deck. 2. Installation of one layer of cap sheet complying with ASTM D3909 over the combustible roof deck. 3. Installation of a listed Class A classified roof assembly. 403.2.2 Roof valley flashings. Valley flashings shall be not less than 0.019 inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36- inch- wide underlayment consisting of one layer of cap sheet complying with ASTM D3909 running the full length of the valley. 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 403.4 Ventilation Openings. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be in accordance with Section 403.4.1 or Section 403.4.2 as applicable. 403.4.1 Performance Requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements: 1. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. 2. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test. 3. The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C). 403.4.2 Prescriptive Requirements. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be covered with noncombustible corrosion- resistant mesh with openings not to exceed ⅛-inch. 403.5 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1- hour fire-resistance-rated construction, ⅝-inch Type X drywall, 2-inch nominal dimension lumber, or 1 inch nominal fire-retardant-treated wood or ¾ inch nominal fire-retardant-treated plywood, 19 | P a g e identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on the backside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire- resistance-rated construction, ⅝-inch Type X drywall, or 2- inch nominal dimension lumber. 403.6 Exterior Walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 1. Exterior wall assemblies with a minimum of 1-hour fire-resistance rating, rated for exposure on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Noncombustible materials complying with Section 402.2 on the exterior side. 5. Fire-retardant treated wood complying with Section 402.3 on the exterior side. The fire- retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 6. Ignition-resistant materials complying with Section 402.4 on the exterior side. Such material shall extend from the top of the foundation to the underside of the eave or the underside of the roof sheathing. Exceptions: 1. Exterior wall embellishments and architectural trim (exclusive of trim on exterior windows and doors) not to exceed 5 percent of the square footage of the exterior wall. 2. Roof or wall top cornice projections and similar assemblies. 3. Solid wood rafter tails and solid wood blocking installed between rafters having minimum dimension 2 inch nominal. 403.6.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following: 1. Noncombustible materials. 2. Fire-retardant-treated wood. 3. Ignition-resistant building materials. Exception: Where options 1 or 2 in section 403.6 are used, vinyl siding may be used as an exterior covering. 403.6.2 Flashing. A minimum of 6 inches of metal flashing or noncombustible material applied vertically between the wall sheathing and the exterior cladding shall be installed at the ground, decking, and roof intersections. Combustible sheathing products exposed by the gap created at the base of the exterior walls, posts, or columns must be protected with noncombustible material or ignition- resistant building materials while still permitting drainage and moisture control from behind exterior cladding. 403.7 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground or comply with exterior walls in accordance with Section 403.6. 20 | P a g e 403.8 Decking. Unenclosed decks shall have the deck walking surface constructed of one of the following: 1. Approved noncombustible materials 2. Class A rated material Exception: Composite decking material with a minimum Class B rating 3. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code 4. Ignition-resistant building materials in accordance with Section 402.4. 403.9 Appendages and Projections. Appendages and projections shall be constructed in accordance with Section 403.6. 403.10 Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes. 403.11 Exterior Doors. Exterior doors shall be approved noncombustible construction, solid core wood not less than 1 ¾-inches thick or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 403.10. Exception: Vehicle access doors. 403.12 Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding ⅛ inch as approved by the AHJ. Gaps between doors and door openings shall be controlled by one of the following methods: 1. Weather-stripping products made of materials that: (a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, when the maximum allowable difference in tensile strength values between exposed and non- exposed samples does not exceed 10 percent; and (b) exhibit a V-2 or better flammability rating when tested to UL 94 (Standards for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances). 2. Door overlaps onto jambs and headers. 3. Garage door jambs and headers covered with metal flashing. 403.13 Detached Accessory Structures. Detached accessory structures located less than 50 feet from a building containing habitable or occupiable space shall have exterior walls constructed in accordance with Sections 403.6 through 403.6.2. 403.13.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have 21 | P a g e underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 403.6 or underfloor protection in accordance with Section 403.7 or with ⅛-inch metal corrosion-resistant screen with a hardened zone within 5 feet. Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction, heavy timber construction, noncombustible materials on the exterior side, or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. Chapter 5 - Site and Area Requirements SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall apply to parcels subject to this code. 501.2 Reference. As needed, the code official shall refer to the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service. Where conflicts occur between provisions of this code and the HIZ Guide, the provisions of this code shall govern. The provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. SECTION 502 REQUIREMENTS 502.1 Structure Ignition Zone 1 (0-5 feet): Immediate Zone 502.1.1 Objective. This zone is designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments. 502.1.2 Materials. Use noncombustible, hard surface materials in this zone, such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. 502.1.3 Plantings. Remove all plantings including shrubs, slash, combustible mulch and other woody debris. 502.1.4 Trees. There shall be no planting of new trees in the immediate zone. Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. 22 | P a g e Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 502.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. 502.2.2 Materials. Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Intermediate Zone. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. 502.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 502.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 502.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. 502.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 502.3.1 Objective. This zone focuses on mitigation that keeps fire on the ground. 502.3.1.1 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6- 10 feet. 502.4 Site Signage 502.4.1 Marking of roads. Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof. 502.4.2 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction. 502.4.3 Address markers. Buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located in a manner approved by the 23 | P a g e code official. 502.5 Retaining Walls 502.5.1 Retaining Walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: 1. The retaining wall is within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure. 2. The retaining wall is integral to the support of a structure regulated by this code. 3. The retaining wall is integral to the egress from a structure regulated by this code to a public way, easement, or private road. 502.6 Fencing 502.6.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure shall be constructed with noncombustible or ignition-resistant materials. Exception: Vinyl fencing may be allowed. Appendix A: PERMITS A101.1 General. Where not otherwise provided in the requirements of the International Building Code or International Fire Code, permits are required in accordance with Sections A101.2 through A101.9. A101.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, converted, changed, or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official. For buildings or structures erected for temporary uses, see Section 105. A101.3 Permit application. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made. 2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, operation, practice or function. 3. Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended. 4. Be accompanied by plans, diagrams, computation and specifications and other data as required in Appendix B. 24 | P a g e 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant or the applicant’s authorized agent. 7. Give such other data and information as required by the code official. A101.3.1 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be used. A101.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A101.4 Permit approval. Before a permit is issued, the code official, or an authorized representative, shall review and approve permitted uses, occupancies or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned. A101.5 Permit issuance. The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the work described in an application for a permit and the plan, specifications and other data filed therewith conform to the requirements of this code, the code official is allowed to issue a permit to the applicant. When the code official issues the permit, the code official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the code official, and work regulated by this code shall be done in accordance with the approved plans. A101.5.1 Refusal to issue a permit. Where the application or construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. A101.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or conceal the provisions of this code or other ordinances of the jurisdiction shall not be valid. A101.7 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the building, use or work authorized by such permit is not commenced within 180 days from the date of such permit,or if the building, use or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit where the permittee is unable 25 | P a g e to commence work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once. A101.8 Retention of permits. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by the code official or other authorized representative. A101.9 Revocation of permits. Permits issued under this code can be suspended or revoked where it is determined by the code official that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which the permit was issued. 3. Any of the conditions or limitations set forth in the permit have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served on him or her under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made. 6. The permit is issued in error or in violation of any other ordinance, regulations or provisions of this code. The code official is allowed to, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. Appendix B: CONSTRUCTION DOCUMENTS B101.1 General. Plans, engineering calculations, diagrams and other data shall be submitted in the format as required by the jurisdiction. The construction documents shall be prepared and submitted where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require additional documentation. Exception: Submission of plans, calculations, construction inspection requirements and other data, if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. B101.2 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth, submitted electronically, and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations. B101.3 Site plan. In addition to the requirements for plans in the International Building Code, site plans shall include topography, landscape and vegetation details and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Identify the fire intensity classification. 26 | P a g e B101.3.1 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. B101.5 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation. B101.6 Retention of plans. One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local laws. B101.7 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. B101.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and changes made during construction that are not in compliance with the approved documents shall be resubmitted for approval as an amended set of construction documents. B101.9 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. B101.10 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Appendix C: INSPECTION AND ENFORCEMENT C101.1 Inspection. Inspections shall be in accordance with Sections C101.1.1 through C101.1.4.3. C101.1.1 General. Construction or work for which a permit is required by this code shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any 27 | P a g e material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans. C101.1.2 Authority to inspect. The code official shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this code and of any other law or standard affecting fire safety. C101.1.2.1 Approved inspection agencies. The code official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. C101.1.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C101.1.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. C101.1.3 Reinspections. To determine compliance with this code, the code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for which inspection is called is not complete or where corrections called for are not made. Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. C101.1.4 Testing. Installations shall be tested as required in this code and in accordance with Sections C101.1.4.1 through C101.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the code official. C101.1.4.1 New, altered, extended or repaired installations. New installations and 28 | P a g e parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects. C101.1.4.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent. C101.1.4.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. C101.2 Enforcement. Enforcement shall be in accordance with Sections C101.2.1 and C101.2.2. C101.2.1 Authorization to issue corrective orders and notices. Where the code official finds any building or premises that are in violation of this code, the code official is authorized to issue corrective orders and notices. C101.2.2 Service of orders and notices. Orders and notices authorized or required by this code shall be given or served on the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to, and leaving it with, a person of suitable age and discretion on the premises; or, if such person is not found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person’s last known address. Orders or notices that are given verbally shall be confirmed by service in writing as herein provided. C101.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections C101.3.1 through C101.3.8. C101.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner’s authorized agent. C101.3.2 Compliance with tags. building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section C101.3.1. C101.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official. C101.3.4 Citations. Persons operating or maintaining an occupancy or premises subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor. 29 | P a g e C101.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes. C101.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. C101.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order. C101.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods: 1. Delivered to the owner or the owner’s authorized agent personally. 2. Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested. 3. Delivered in any other manner as prescribed by local law. Where the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent or on the person responsible for the structure shall constitute service of notice on the owner. C101.3.5.3 Placarding. Upon failure of the owner, the owner’s authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “UNSAFE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. C101.3.5.3.1 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe condition and placarding action were based have been eliminated. Any person who defaces or removes an unsafe condition placard without the approval of the code official shall be subject to the penalties provided by this code. C101.3.5.4 Abatement. The owner, the owner’s authorized agent, operator or occupant of a building, structure or premises deemed unsafe by the code official shall abate, correct or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 30 | P a g e C101.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code. C101.3.5.6 Evacuation. The code official shall be authorized to order the immediate evacuation of any occupied building, structure or premises deemed unsafe where such hazardous conditions exist that present imminent danger to the occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the code official. C101.3.6 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. C101.3.7 Violation penalties. An AHJ has the authority to establish fees. C101.3.8 Abatement of violation. In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. ATTACHMENT 2 2025 Colorado Wildfire Resiliency Code 01 July 2026 CWRC Version 1.0 ATTRIBUTIONS ALL RIGHTS RESERVED. This material contains significant portions from the 2024 International Wildland Interface Code (“2024 IWUIC”), which is a registered copyrighted work owned by the International Code Council, Inc. (the “ICC”). The 2024 IWUIC, and any and all portions thereof, have been obtained and reproduced herein with permission. The “International Code Council”, “International Wildland Interface Code”, the acronyms “ICC” and “IWUIC”, and the ICC logogram are registered trademarks and service marks of ICC. Use of these marks or the 2024 IWUIC without advance written permission from the ICC is prohibited. 2 | P a g e Table of Contents Chapter 1 - Scope and Administration................................................................................ 3 PART 1 GENERAL PROVISIONS................................................................................ 3 SECTION 101 SCOPE AND GENERAL REQUIREMENTS......................................... 3 SECTION 102—APPLICABILITY.................................................................................. 5 PART 2—ADMINISTRATION AND ENFORCEMENT.................................................. 6 SECTION 103—CODE COMPLIANCE AGENCY........................................................ 6 SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL.......................... 7 SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS………………..10 SECTION 106—FEES..................................................................................................10 SECTION 107—STOP WORK ORDER........................................................................10 SECTION 108 – CONSTRUCTION DOCUMENTS………………………...…………….11 Chapter 2 - Definitions.........................................................................................................11 SECTION 201 GENERAL..............................................................................................11 SECTION 202 DEFINITIONS........................................................................................12 Chapter 3 - Wildfire Hazard Identification............................................................................14 SECTION 301 GENERAL..............................................................................................14 SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS………….…14 SECTION 303 MAPPING AND APPLICABILITY...........................................................16 SECTION 304 GROUND-TRUTHING........................................................................... 16 Chapter 4- Structure Hardening.......................................................................................... 17 SECTION 401 GENERAL............................................................................................. 17 SECTION 402 BUILDING MATERIAL.......................................................................... 17 SECTION 403 STRUCTURE HARDENING................................................................. 18 Chapter 5- Site and Area Requirements............................................................................ 23 SECTION 501 GENERAL............................................................................................ 23 SECTION 502 REQUIREMENTS……………………………………………………….….24 Appendix A - PERMITS Appendix B – CONSTRUCTION DOCUMENTS Appendix C – INSPECTION AND ENFORCEMENT 3 | P a g e Chapter 1 - Scope and Administration PART 1 GENERAL PROVISIONS SECTION 101 SCOPE AND GENERAL REQUIREMENTS The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Colorado Wildfire Resiliency Code as adopted by Estes Valley Fire Protection District, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises that contain occupiable and/or habitable space, or change in use resulting in an occupiable and/or habitable space, unless excepted, within the wildland-urban interface areas of Colorado, as designated in this code. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Factory-built structures (nonresidential, residential, and tiny homes). Structure hardening provisions of this code for factory-built structures as defined by sections 24-32-3302(9), (10), (11), and (35), C.R.S., are in accordance with Rules adopted by the Division of Housing in 8 CCR 1302-1, Rule 2 Codes and Standards. 101.2.3 HUD code homes. Homes built to the Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards are exempt from structure hardening requirements on their first installation. Homes built to the HUD Manufactured Home Construction and Safety Standards which are moved into an applicable Wildfire Resiliency code area are subject to the provisions of this code as required by the authority having jurisdiction. 101.3 Purpose. The purpose of this code is to establish minimum regulations for the safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. 4 | P a g e This code shall supplement the jurisdiction’s building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire- and life-safety hazards of the wildland-urban interface areas. 101.4 Retroactivity. The provisions of the code shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code and conditions that, in the opinion of the code official, constitute a distinct hazard to life or property. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. 101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that, when the work increases the footprint of the existing structure by 500 square feet or greater, the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 101.6 Roof coverings. The roof covering on buildings or structures in existence prior to adoption of this code that are replaced or have 25 percent or more of the surface area of the roof replaced, or where work to reconstruct, alter, or repair the roof covering effectively replaces such material, shall require the entirety of the roof covering to be replaced with a roof covering required for new construction specified in Sections 403.2 through 403.2.2. Exception: Existing roof coverings that are compliant with Section 403.2. 101.7 Exterior walls. The exterior walls of building or structures in existence prior to adoption of this code where 25 percent or more of the total exterior wall surface area is replaced, or where work to reconstruct, alter or repair the exterior walls effectively replaces the exterior wall material, shall require the entirety of the exterior wall surface area, including attachments, to be replaced with materials required for new construction specified in Section 403.6 through 403.6.2 and the immediate zone within 5 feet of the structure shall be made to comply with Section 503.1. Exception: Existing exterior walls that are compliant with Section 403.6. 101.8 Maintenance. Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in conformance to the code edition under which installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation. 5 | P a g e SECTION 102—APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code, or any other adopted code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code are listed throughout this code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and the referenced codes and standards, the provisions of this code shall govern. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. 102.5 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or policies adopted by the authority having jurisdiction, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official’s jurisdiction or responsibility. 102.6 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety and general welfare. 102.7 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the International Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 102.9 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of 6 | P a g e a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 102.9.1 Historic preservation exemption. The authority having jurisdiction may establish a historic preservation exemption or exemptions in their jurisdiction that consists of the spirit and intent of this code. 102.10 Work exempt from permit under this code. Exemptions from code requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 200 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and Miscellaneous Group U (including Agricultural Structures) located more than 50 feet from a structure containing occupiable or habitable space. 9. Fences located more than 8 feet from a habitable structure. 10. Any thirty-five acre parcel with only one residential structure on it that does not abut a residential or commercial area. PART 2—ADMINISTRATION AND ENFORCEMENT 103—CODE COMPLIANCE AGENCY The following section is hereby amended to read as follows: 7 | P a g e 103.1 Creation of agency. The Estes Valley Fire Protection District is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code. 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code. 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report. 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction. 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations. 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 8 | P a g e 104.2.2.2 through 104.2.2.7, as applicable. 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. 104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.2.6.1 and 104.2.2.6.2. 104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official. 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared 9 | P a g e by a peer reviewer that is approved by the code official. 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement agency. 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.4 Access to Property. For the purpose of inspecting and enforcing the provisions of this code and the terms and conditions of any permit issued under this code, the code official is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with this code and to evaluate conditions relative to the permit application. 104.4.1 Authorization. The owner or occupant of the property having a permit under this code shall allow the code official access to the property to perform the required inspections. If access is denied, the code official shall apply to the Court with jurisdiction to seek authority to access the property. 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5. 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 106. 10 | P a g e 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order and approved. 104.10 Other agencies. When requested to do so by the code official, other officials of this jurisdiction shall assist and cooperate with the code official in the discharge of the duties required by this code. SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS 105.1 General. The code official is authorized to issue a permit for temporary uses, equipment and systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause. 105.2 Conformance. Temporary uses, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare. 105.3 Temporary service utilities. The code official is authorized to give permission to temporarily supply service utilities. 105.4 Termination of approval. The code official is authorized to terminate such permit for temporary uses, equipment and systems and to order the same to be discontinued. SECTION 106—FEES The following section is hereby amended to read as follows: 106.1 General. An AHJ has the authority to establish fees. Fees shall be in accordance with the fee schedule adopted by Estes Valley Fire Protection District, and/or the Town of Estes Park. SECTION 107—STOP WORK ORDER 107.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official 11 | P a g e is authorized to issue a stop work order. 107.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 107.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 107.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. The following section is hereby added to read in its entirety as follows: SECTION 108 - CONSTRUCTION DOCUMENTS 108.1 Site plan. In addition to the requirements for plans in the International Building Code, International Existing Building Code, and International Residential Code, site plans shall include topography, landscape and vegetation details, and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. 108.2 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. 108.3 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation. Chapter 2 - Definitions SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes. 12 | P a g e 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies. SECTION 202 - DEFINITIONS ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. APPROVED. Acceptable to the code official. The following definition is hereby added to read as follows: AUTHORITY HAVING JURISDICTION (AHJ). The governmental agency, fire protection district or other entity charged with adopting, interpreting and administering this code. BUILDING. Any structure intended for supporting or sheltering any occupancy. CLASS A TESTS. Class A Tests are applicable to roof coverings that are expected to be effective against severe fire exposure, afford a high degree of fire protection to the roof deck, do not slip from position, and are not expected to present a flying brand hazard. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official’s authorized representative. DEFENSIBLE SPACE. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. EMBELLISHMENTS. Elements incorporated in design and construction for ornamental or decorative purpose that are not integral to the structure or structural support. FIRE INTENSITY CLASSIFICATION. The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. FIRE-RETARDANT-TREATED WOOD. Fire-retardant-treated wood is any wood product that, when impregnated with chemicals by a pressure process or other means during manufacture, shall have, when tested in accordance with ASTM E84 or UL 723, a listed flame spread index of 25 or less. The ASTM E84 or UL723 test shall be continued for an additional 20-minute period and the flame front shall not progress more than 10.5 feet beyond the centerline of the burners at any time during the test. FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived 13 | P a g e from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E84. FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of nonfire- resistive vegetation or altering the type of vegetation to reduce the fuel load. HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. HEAVY TIMBER CONSTRUCTION. As described in Section 602.4 of the 2024 International Building Code. HOME IGNITION ZONE. Home Ignition Zone is the home and the area around the home (or structure). The HIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames. IGNITION-RESISTANT VEGETATION. Plants that are less likely to readily ignite from a flame or other ignition source and produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is not less than 6 inches. Log wall construction shall follow requirements of ICC 400. MULTILAYERED GLAZED PANELS. Window or door assemblies that consist of two or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed. NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. 2. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 3. For the purposes of this code, fire-rated gypsum board tested in accordance with ASTM C1396 with no less than a 1-hour fire-resistance-rating with fire exposure from the outside only is considered a noncombustible material. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes or in which occupants are engaged at labor. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. 14 | P a g e ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SLOPE. The variation of terrain from the horizontal; the number of feet rise or fall per 100 feet measured horizontally, expressed as a percentage. STRUCTURE. That which is built or constructed. STRUCTURE IGNITION ZONE. Structure Ignition Zone is the structure and the area around the structure (or home). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. TREE CROWN. The primary and secondary branches growing out from the main stem, together with twigs and foliage. WILDLAND-URBAN INTERFACE. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. Chapter 3 - Wildfire Hazard Identification SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the findings of fact to be regulated by this code. 301.2 Objective. The objective of this chapter is to provide simple baseline criteria for determining wildland-urban interface areas based on the wildfire hazard. SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS The following section is hereby amended to read as follows: 302.1 Declaration. The AHJ shall declare the wildland-urban interface areas within the jurisdiction as defined by this code. The wildland-urban interface areas shall be based on the findings of fact. Because of the history of and potential for large, destructive wildland fires, all of Estes Valley Fire Protection District is deemed a wildland-urban interface area. Structures and parcels shall be constructed and maintained in accordance with the provisions for structure hardening of Chapter 4 and site and area requirements of Chapter 5. SECTION 303 MAPPING AND APPLICABILITY 303.1 Mapping of Wildfire Hazard Areas. Wildfire Hazard shall be recorded on official maps. These maps identify areas subject to the provisions of this code and shall be available for public inspection through an accessible online platform and at designated local government offices. 303.1.1 Map. This map shall be based on a combination of factors including, but not limited to, vegetative fuels, topography, local weather patterns, and fire behavior modeling data. The following section is hereby amended to read as follows: 303.1.2 Locally Developed Mapping. The AHJ may develop and adopt local maps designating wildfire hazard and fire intensity classifications areas within its jurisdictional boundaries in accordance with Sections 303.1 through 15 | P a g e 303.3. The following section is hereby deleted in its entirety: 303.2 Fire Intensity Classification. Fire Intensity Classification shall be identified on the map in accordance with Section 303.1. Fire Intensity Classification is determined by expected wildfire behavior, including flame length and suppression difficulty and is separated into three levels: low, moderate, and high. The identified fire intensity classification establishes code requirements for construction and mitigation. The following section is hereby deleted in its entirety: 303.2.1 Low Fire Intensity Classification. Low Fire Intensity Classification is identified in areas with light to medium surface fuels, such as grasses, shrubs, and scattered low-density vegetation. These fuels are often discontinuous, which limits flame propagation but can sustain burning under moderate weather conditions. Fires in this class may occur on gentle to moderate slopes, where topography begins to influence the rate of spread. Although flame lengths remain relatively small, typically less than two feet limited spotting may occur, especially with wind. Trained firefighters with protective equipment and standard hand tools can usually suppress these fires through direct attack, particularly on slopes under 30 percent. Mechanized equipment is typically unnecessary. Key Characteristics Include: 1. Fuels: Light to medium surface fuels, including grasses, shrubs, and scattered vegetation (e.g., WNL, USL fuel types). 2. Flame Length: Less than 2 feet. 3. Rate of Spread: Low, increasing with slopes over 20 percent. 4. Spotting: Very short-range spotting is possible under windy conditions. 5. Terrain Influence: More active fire behavior on moderate slopes (20 to 30 percent). 6. Suppression Difficulty: Easily suppressed by trained firefighters using basic protective gear and hand tools. Direct attack is effective, and mechanized support is rarely needed. The following section is hereby deleted in its entirety: 303.2.2 Moderate Fire Intensity Classification. Moderate Fire Intensity Classification is identified in areas with moderate to heavy fuel loads, such as dense shrubs, small trees, and accumulated ground fuels. Fires in this class present continuous horizontal and vertical fuel arrangements, allowing flames to reach up to 8 feet in length. Fire behavior is notably influenced by moderate to steep slopes, often accelerating the spread. Short-range spotting becomes more common, complicating suppression efforts. Ground crews typically require mechanized support, such as engines and dozers, to establish control lines. Aircraft assistance may be necessary, particularly in inaccessible terrain. There is a significant increase in the potential for property damage and risk to life, especially in wildland-urban interface areas. Key Characteristics Include: 1. Fuels: Moderate to heavy fuels, including dense shrublands, small trees, timber litter, and canopy fuels (e.g., USH, UIH fuel types). 2. Flame Length: Up to 8 feet. 3. Rate of Spread: Moderate to high, increasing significantly on slopes over 30 percent. 4. Spotting: Short-range spotting is common. 5. Terrain Influence: Steep slopes (30 percent or greater) increase fire spread and intensity. 6. Suppression Difficulty: Challenging for ground crews without support from engines, dozers, or aircraft. Dozers and plows are generally effective on moderate terrain. 16 | P a g e The following section is hereby deleted in its entirety: 303.2.3 High Intensity. High Fire Intensity Classification is identified in areas with heavy, continuous fuel loads, such as dense forest canopies, thick understory growth, and heavy dead/downed material. Fires in this class frequently occur on steep slopes, often exceeding 40 percent, where topography dramatically increases the rate of spread and severity. Flame lengths can exceed 30 feet, and both short- and medium-range spotting are common, particularly in windy conditions. Direct suppression by ground crews is typically ineffective, requiring indirect attack strategies, such as backburns and aerial retardant drops. Fires in this class pose extreme risk to life, property, and firefighter safety, especially in rugged or remote areas. Key Characteristics Include: 1. Fuels: Heavy fuels, including dense forests, urban core areas with heavy fuel loads, and canopy-dominated regions (e.g., WNH, USH, UCH fuel types). 2. Flame Length: Up to 30 feet or more. 3. Rate of Spread: Rapid, especially on slopes greater than 40 percent. 4. Spotting: Short-range spotting is common; medium-range spotting is possible under windy conditions. 5. Terrain Influence: Slopes over 40 percent amplify intensity and spread, creating dangerous conditions for suppression. 6. Suppression Difficulty: Direct attack by ground forces and dozers is generally ineffective. Indirect strategies (backburning, aerial support) are often necessary. These fires present significant danger to life, property, and responder safety. The following section is hereby deleted in its entirety: 303.3 Applicability of Code Provisions. The requirements of this code shall apply to all parcels located within designated Wildfire Hazard Areas and corresponding fire intensity classifications as identified on the official maps. The level of structure hardening, defensible space, and other mitigation measures required shall correspond to the applicable fire intensity classification—Low, Moderate, or High as established by the board. Structures and parcels identified with low fire intensity classification shall be constructed and maintained in accordance with the provisions for Class 1 structure hardening and site and area requirements. Structures and parcels identified with moderate to high fire intensity classifications shall be constructed and maintained in accordance with the provisions for Class 2 structure hardening and site and area requirements. SECTION 304 GROUND-TRUTHING 304.1 Purpose. This section establishes a process for owners or the owners authorized representative to request a ground-truthing review of their property’s Wildfire Hazard or fire intensity classification as identified on state or locally adopted maps. The intent is to provide an opportunity to verify that mapping accurately reflects current, site-specific conditions. The following section is hereby amended to read as follows: 304.2 Determination of Fire Intensity Classification Wildfire Hazard and Code Requirements. As determined by the code official, the fire intensity classification Wildfire Hazard Area and associated requirements shall be based on a review of the vegetative fuels on the parcel and within 17 | P a g e 300’ of the parcel boundary, including but not limited to topography, local weather patterns and fire behavior modeling data. and in accordance with the following fire intensity classifications: 304.2.1 Low Fire Intensity Classification in accordance with Section 303.2.1 304.2.2 Moderate Fire Intensity Classification in accordance with Section 303.2.2 304.2.3 High Fire Intensity Classification in accordance with Section 303.2.3 This determination shall be made based on existing conditions or conditions that have been established by a development plan approved by the local jurisdiction. Technical documentation shall be submitted in support of such request by a qualified wildfire professional and in accordance with Section 104.2. Chapter 4 - Structure Hardening SECTION 401 GENERAL 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 200 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet. SECTION 402 BUILDING MATERIAL 402.1 Building material. Building materials shall comply with any one of the requirements in Section 402.2 through 402.4. 402.2 Noncombustible material. Noncombustible material shall comply with the definition of noncombustible materials in Section 202. 402.3 Fire-retardant-treated wood. Fire-retardant-treated wood shall be identified for exterior use and shall meet the requirements of Section 2303.2 of the 2024 International Building Code. 18 | P a g e 402.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch. The materials, when tested in accordance with the test procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 402.4.1 through 402.4.3.3. Materials or products which melt, drip or delaminate to the extent that the flame front is interrupted are not permitted. Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019-inch thickness or corrosion-resistant steel at a minimum 0.0149 inch thickness shall not be required to be tested with a ripped or cut longitudinal gap. 402.4.1 Flame spread. The material shall exhibit a flame spread index not exceeding 25. 402.4.2 Flame front. The material shall exhibit a flame front that does not progress more than 10 feet 6 inches beyond the centerline of the burner at any time during the test. 402.4.3 Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. The materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in Sections 402.4.3.1 through 402.4.3.3, as applicable to the materials and conditions of use. 402.4.3.1 Evaluation requirements for weathering. Fire-retardant-treated wood, wood-plastic composite materials and plastic lumber materials shall be evaluated after weathering in accordance with Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing” in ASTM D2898. 402.4.3.2 Wood-plastic composite materials. Wood-plastic composite materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D7032 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 402.4.3.3 Plastic lumber materials. Plastic lumber materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D6662 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. The following section is hereby amended to read as follows: SECTION 403 CLASS 1 STRUCTURE HARDENING 403.1 General. Class 1 Structure hardening shall be in accordance with Sections 403.2 through 403.13 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface. having a low fire hazard severity. See also Sections 101.6-101.7. 19 | P a g e 403.2 Roofing. Roofs shall have a roof covering or roof assembly classified as Class A when tested in accordance with ASTM E108 or UL 790. 403.2.1 Flame and ember protection of roofs. For roof assemblies where the roof covering profile creates a space between the roof covering and roof deck, the space shall resist the entry of flames and embers by one or more of the following methods: 1. Firestopping with noncombustible material of the space between the roof covering and the roof deck. 2. Installation of one layer of cap sheet complying with ASTM D3909 over the combustible roof deck. 3. Installation of a listed Class A classified roof assembly. 403.2.2 Roof valley flashings. Valley flashings shall be not less than 0.019 inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36- inch-wide underlayment consisting of one layer of cap sheet complying with ASTM D3909 running the full length of the valley. 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 403.4 Ventilation Openings. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be in accordance with Section 403.4.1 or Section 403.4.2 as applicable. 403.4.1 Performance Requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements: 1. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. 2. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test. 3. The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C). 403.4.2 Prescriptive Requirements. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed ⅛-inch. SECTION 404 CLASS 2 STRUCTURE HARDENING The following section is hereby deleted in its entirety and the subsequent sections renumbered to read as follows: 404.1 General. Class 2 structure hardening shall be in accordance with Sections 404.2 through 404.10.1 as well as the provisions of Class 1 structure hardening in Sections 403.2-403.4.2 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface having a moderate or high fire hazard severity. 403.5 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire-resistance-rated construction, ⅝-inch Type X drywall, 2-inch nominal dimension lumber, or 1 inch nominal fire-retardant- treated wood or ¾ inch nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on the backside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire-resistance-rated construction, ⅝-inch Type X drywall, or 2- inch nominal dimension lumber. 20 | P a g e 403.6 Exterior Walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 1. Exterior wall assemblies with a minimum of 1-hour fire-resistance rating, rated for exposure on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Noncombustible materials complying with Section 402.2 on the exterior side. 5. Fire-retardant treated wood complying with Section 402.3 on the exterior side. The fire- retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 6. Ignition-resistant materials complying with Section 402.4 on the exterior side. Such material shall extend from the top of the foundation to the underside of the eave or the underside of the roof sheathing. Exceptions: 1. Exterior wall embellishments and architectural trim (exclusive of trim on exterior windows and doors) not to exceed 5 percent of the square footage of the exterior wall. 2. Roof or wall top cornice projections and similar assemblies. 3. Solid wood rafter tails and solid wood blocking installed between rafters having minimum dimension 2 inch nominal. The following section is hereby amended to read as follows: 403.6.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following: 1. Noncombustible materials. 2. Fire-retardant-treated wood. 3. Ignition-resistant building materials. Exception: Where options 1 or 2 in section 403.6 404.3 are used, vinyl siding may be used as an exterior covering. 403.6.2 Flashing. A minimum of 6 inches of metal flashing or noncombustible material applied vertically between the wall sheathing and the exterior cladding shall be installed at the ground, decking, and roof intersections. Combustible sheathing products exposed by the gap created at the base of the exterior walls, posts, or columns must be protected with noncombustible material or ignition-resistant building materials while still permitting drainage and moisture control from behind exterior cladding. The following section is hereby amended to read as follows: 403.7 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground or comply with exterior walls in accordance with Section 403.6 404.3. 403.8 Decking. Unenclosed decks shall have the deck walking surface constructed of one of the following: 1. Approved noncombustible materials 2. Class A rated material Exception: Composite decking material with a minimum of Class B rating 21 | P a g e 3. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code 4. Ignition-resistant building materials in accordance with Section 402.4. The following section is hereby amended to read as follows: 403.9 Appendages and Projections. Appendages and projections shall be constructed in accordance with Section 403.6 404.3. 403.10 Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes. The following section is hereby amended to read as follows: 403.11 Exterior Doors. Exterior doors shall be approved noncombustible construction, solid core wood not less than 1 ¾-inches thick, or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 403.10 404.7. Exception: Vehicle access doors. 403.12 Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding ⅛ inch as approved by the AHJ. Gaps between doors and door openings shall be controlled by one of the following methods: 1. Weather-stripping products made of materials that: (a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, when the maximum allowable difference in tensile strength values between exposed and non-exposed samples does not exceed 10 percent; and (b) exhibit a V-2 or better flammability rating when tested to UL 94 (Standards for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances). 2. Door overlaps onto jambs and headers. 3. Garage door jambs and headers covered with metal flashing. The following section is hereby amended to read as follows: 403.13 Detached Accessory Structures. Detached accessory structures located less than 50 feet from a building containing habitable or occupiable space shall have exterior walls constructed in accordance with Sections 403.6 through 403.6.2 404.3 through 404.3.2. The following section is hereby amended to read as follows: 403.13.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 403.6 404.3 or underfloor protection in accordance with Section 403.7 404.4 or with ⅛-inch metal corrosion-resistant screen with a hardened zone within 5 feet. 22 | P a g e Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire- resistance-rated construction, heavy timber construction, noncombustible materials on the exterior side, or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 23 | P a g e Chapter 5 - Site and Area Requirements SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall apply to parcels subject to this code. 501.2 Reference. As needed, the code official shall refer to the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service. Where conflicts occur between provisions of this code and the HIZ Guide, the provisions of this code shall govern. The provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. The following section is hereby amended to read as follows: SECTION 502 CLASS 1 REQUIREMENTS 502.1 Structure Ignition Zone 1 (0-5 feet): Immediate Zone 502.1.1 Objective. This zone is designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments. The following section is hereby amended to read as follows: 502.1.2 Materials. Use noncombustible, hard surface materials in this zone, such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. Exception: Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Immediate Zone. The following section is hereby amended to read as follows: 502.1.3 Plantings. Remove all plantings including shrubs, slash, combustible mulch and other woody debris, with the exception of ignition-resistant vegetation. 502.1.4 Trees. There shall be no planting of new trees in the immediate zone. Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. The following section is hereby amended to read in its entirety as follows: 502.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 502.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. 502.2.2 Dead Materials. Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Intermediate Zone. Within 24 | P a g e the fuel modification area, hazardous dead plant material must be removed from live vegetation. 502.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 502.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 502.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. The following section is hereby amended to read in its entirety as follows: 502.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 502.3.1 Objective. This zone focuses on mitigation that keeps fire on the ground. 502.3.1.1 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6-10 feet. The following section is hereby renumbered to read in its entirety as follows: 502.24 Site Signage 502.24.1 Marking of roads. Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof. 502.24.2 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction. 502.24.3 Address markers. Buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located in a manner approved by the code official. The following section is hereby renumbered to read in its entirety as follows: 502.35 Retaining Walls 502.35.1 Retaining Walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: 1. The retaining wall is within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure. 2. The retaining wall is integral to the support of a structure regulated by this code. 3. The retaining wall is integral to the egress from a structure regulated by this code to a public way, easement, or private road. The following section is hereby renumbered to read in its entirety as follows: 502.46 Fencing 25 | P a g e 502.46.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure shall be constructed with noncombustible or ignition-resistant materials. Exception: Vinyl fencing. Vinyl fencing may be allowed. The following section is hereby deleted in its entirety: SECTION 503 CLASS 2 REQUIREMENTS 503.1 General. Class 2 site and area requirements shall be in accordance with Sections 503.2 through 503.3.2 and include all requirements of Class 1 in Sections 502.1 through 502.4. 503.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 503.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. 503.2.2 Dead Materials. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. 503.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 503.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 503.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 503.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. 503.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 503.3.1 Objective. This zone focuses on mitigation that keeps fire on the ground. 503.3.2 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6-10 feet. 26 | P a g e Appendix A: PERMITS A101.1 General. Where not otherwise provided in the requirements of the International Building Code or International Fire Code, permits are required in accordance with Sections A101.2 through A101.9. A101.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, converted, changed, or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official. For buildings or structures erected for temporary uses, see Section 105. A101.3 Permit application. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made. 2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, operation, practice or function. 3. Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended. 4. Be accompanied by plans, diagrams, computation and specifications and other data as required in Appendix B. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant or the applicant’s authorized agent. 7. Give such other data and information as required by the code official. A101.3.1 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be used. A101.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A101.4 Permit approval. Before a permit is issued, the code official, or an authorized representative, shall review and approve permitted uses, occupancies or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned. A101.5 Permit issuance. The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the work described in an application for a permit and the plan, specifications and other data filed therewith conform to the requirements of this code, the code official is allowed to issue a permit to the applicant. When the code official issues the permit, the code official shall endorse in writing or stamp the plans 27 | P a g e and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the code official, and work regulated by this code shall be done in accordance with the approved plans. A101.5.1 Refusal to issue a permit. Where the application or construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefor. A101.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or conceal the provisions of this code or other ordinances of the jurisdiction shall not be valid. A101.7 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the building, use or work authorized by such permit is not commenced within 180 days from the date of such permit,or if the building, use or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit where the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once. A101.8 Retention of permits. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by the code official or other authorized representative. A101.9 Revocation of permits. Permits issued under this code can be suspended or revoked where it is determined by the code official that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which the permit was issued. 3. Any of the conditions or limitations set forth in the permit have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served on him or her under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made. 6. The permit is issued in error or in violation of any other ordinance, regulations or provisions of this code. The code official is allowed to, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. 28 | P a g e The following appendix is hereby deleted in its entirety: Appendix B: CONSTRUCTION DOCUMENTS B101.1 General. Plans, engineering calculations, diagrams and other data shall be submitted in the format as required by the jurisdiction. The construction documents shall be prepared and submitted where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require additional documentation. Exception: Submission of plans, calculations, construction inspection requirements and other data, if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. B101.2 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth, submitted electronically, and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations. B101.3 Site plan. In addition to the requirements for plans in the International Building Code, site plans shall include topography, landscape and vegetation details and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Identify the fire intensity classification. B101.3.1 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. B101.5 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation. B101.6 Retention of plans. One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local laws. B101.7 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. B101.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and changes made during construction that are not in compliance with the approved documents shall be resubmitted for approval as an amended set of construction documents. B101.9 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith 29 | P a g e within 180 days after the effective date of this code and has not been abandoned. B101.10 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. 30 | P a g e The following appendix is hereby deleted in its entirety: Appendix C: INSPECTION AND ENFORCEMENT C101.1 Inspection. Inspections shall be in accordance with Sections C101.1.1 through C101.1.4.3. C101.1.1 General. Construction or work for which a permit is required by this code shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans. C101.1.2 Authority to inspect. The code official shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this code and of any other law or standard affecting fire safety. C101.1.2.1 Approved inspection agencies. The code official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. C101.1.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C101.1.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. C101.1.3 Reinspections. To determine compliance with this code, the code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for which inspection is called is not complete or where corrections called for are not made. Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. 31 | P a g e C101.1.4 Testing. Installations shall be tested as required in this code and in accordance with Sections C101.1.4.1 through C101.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the code official. C101.1.4.1 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects. C101.1.4.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent. C101.1.4.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. C101.2 Enforcement. Enforcement shall be in accordance with Sections C101.2.1 and C101.2.2. C101.2.1 Authorization to issue corrective orders and notices. Where the code official finds any building or premises that are in violation of this code, the code official is authorized to issue corrective orders and notices. C101.2.2 Service of orders and notices. Orders and notices authorized or required by this code shall be given or served on the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to, and leaving it with, a person of suitable age and discretion on the premises; or, if such person is not found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person’s last known address. Orders or notices that are given verbally shall be confirmed by service in writing as herein provided. C101.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections C101.3.1 through C101.3.8. C101.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner’s authorized agent. C101.3.2 Compliance with tags. building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section C101.3.1. C101.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official. C101.3.4 Citations. Persons operating or maintaining an occupancy or premises subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor. C101.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are 32 | P a g e otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes. C101.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. C101.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order. C101.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods: 1. Delivered to the owner or the owner’s authorized agent personally. 2. Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested. 3. Delivered in any other manner as prescribed by local law. Where the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent or on the person responsible for the structure shall constitute service of notice on the owner. C101.3.5.3 Placarding. Upon failure of the owner, the owner’s authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “UNSAFE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. C101.3.5.3.1 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe condition and placarding action were based have been eliminated. Any person who defaces or removes an unsafe condition placard without the approval of the code official shall be subject to the penalties provided by this code. C101.3.5.4 Abatement. The owner, the owner’s authorized agent, operator or occupant of a building, structure or premises deemed unsafe by the code official shall abate, correct or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. C101.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code. C101.3.5.6 Evacuation. The code official shall be authorized to order the immediate evacuation of any occupied building, structure or premises deemed unsafe where such hazardous conditions exist that present imminent danger to the occupants. Persons so notified shall immediately leave the 33 | P a g e structure or premises and shall not enter or reenter until authorized to do so by the code official. C101.3.6 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. C101.3.7 Violation penalties. An AHJ has the authority to establish fees. C101.3.8 Abatement of violation. In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. ATTACHMENT 3 Colorado Wildfire Resiliency Code: Adoption, Administration, and Implementation Draft Local Code, based on Larimer County Code Adoption Estes Valley Fire Protection District Division Chief of Support Services –Jon Landkamer Captain Inspector II -Stacey Sutherland Town of Estes Park Community Development Community Development Director –Steve Careccia Chief Building Official –Dan Wester Scope and Purpose ▪Applies to construction, alteration, etc., in designated Wildland- Urban Interface (WUI) areas of Colorado. ▪Addresses new and existing buildings, moved structures, and appendices. ▪Safeguarding life and property from wildfire and structure fires in WUI areas. ▪“Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels.” ▪Supplements local building and fire codes. Highlights Additions and Alterations ▪500 square foot trigger. Roof Coverings ▪25% or more of the surface area of the roof replaced. Exterior Walls ▪Similar replacement thresholds, 25% or more of the surface area… Maintenance ▪“The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials, and vegetation.” Work exempt from permit under this code. ▪Interior alterations, additions less than 500 square feet, exterior walls less than 25%, and exterior roof less than 25%. Code Compliance Agency ▪Estes Valley Fire Protection District ▪Prevention Division ▪Division Chief of Support Services –Jon Landkamer ▪Plan Review –Fire Marshal Services –Joe Jaramillo ▪Inspector 2 -Captain Stacey Sutherland ▪Town of Estes Park ▪Community Development ▪Designated Chief Building Official ▪Safebuilt –Dan Wester ▪Cooperative Agreement ▪Draft agreement needs to go to legal for both agencies first ▪Fees ▪Fees shall be in accordance with the fee schedule adopted by Estes Valley Fire Protection District, and/or the Town of Estes Park. Mapping of Wildfire Hazard Areas ▪Larimer County adopted the State Map. ▪They also interpreted into their code that all unincorporated Larimer County is in the Wildland Urban Interface. ▪Local mapping development is allowed. ▪CWPP mapping accurately depicts our wildfire hazard areas and was adopted by EVFPD Board on October 27, 2025. ▪Because of the history of and potential for large, destructive wildland fires, all of Estes Valley Fire Protection District is deemed a wildland-urban interface area. Structures and parcels shall be constructed and maintained in accordance with the provisions for structure hardening of Chapter 4 and site and area requirements of Chapter 5. ▪Adopted mapping will be provided to DFPC as they have requested, since we are not using the state map. ▪No Low Hazard in Fire District ▪Moderate or high fire intensity classification requires all the structural hardening requirements, so no need to differentiate. Structure Hardening ▪Applies to the exterior design and construction of new buildings in WUI areas. ▪Exceptions: ▪Accessory (Group U) buildings at least 50 feet from an occupiable or habitable space. ▪Storage sheds under 200 square feet at least 10 feet from an occupiable structure. ▪Reconstruction, replacement, alteration, or repair of exterior walls, when less than 25% of the surface area of all exterior walls. ▪Reconstruction, replacement, alteration, or repair of the exterior roof covering when less than 25% of the surface area of the exterior roof. ▪Additions that do not increase the footprint of a structure by more than 500 square feet. Structure Hardening Building Material ▪Outlines and defines compliance options. ▪Noncombustible material. ▪Fire-retardant-treated wood. ▪Ignition-resistant building material. ▪Details evaluation methods of building materials. ▪Most of the previous Class 1 requirements are already required in existing ICC codes Structure Hardening ▪Class A rating and ember protection of roof covering and assembly. ▪Gutters and downspouts shall be constructed of noncombustible material. ▪Ventilation opening requirements for screening to protect from ember intrusion. ▪Protection of eaves with noncombustible or ignition-resistant materials that will provide a 1-hour fire-resistance rated construction. ▪Exterior wall assemblies to be constructed with one of the following methods. ▪1-hour fire-resistance rating. ▪Approved noncombustible materials. ▪Heavy timber or log wall construction. ▪Noncombustible materials complying with Section 402.2 on the exterior. ▪Ignition-resistant materials complying with Section 402.4 on the exterior. ▪Flashing requirements a minimum of 6 inches. Structure Hardening (cont.) ▪Underfloor enclosures ▪Decking. ▪Approved noncombustible materials. ▪Class A rated material. ▪Fire-resistant-treated wood. ▪Ignition-resistant building materials in accordance with Section 402.4. ▪Appendages and projections complying with Section 404.3. ▪Exterior glazing and exterior doors need a fire protection rating of 20 minutes. ▪Vehicle access door perimeter gap to resist intrusion from embers. ▪Detached accessory structures less than 50 feet from a habitable or occupiable space. Site and Area Requirements ▪Structure Ignition Zone 1 (0-5 feet): Immediate Zone. ▪Designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments. ▪Noncombustible hard-surface materials in this zone. ▪Remove all plantings including shrubs, slash, combustible mulch, and other woody debris. ▪No planting of new trees in the immediate zone. Maintain 10-foot spacing from crown to structure and between mature trees. ▪Prune trees up to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. ▪Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. ▪Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. ▪Site Signage. ▪Requires the marking of roads, fire protection equipment, and addresses. ▪Retaining walls and fencing shall be noncombustible material within 8 feet of the structure. Site and Area Requirements ▪Structure Ignition Zone 2 (5-30 feet) Intermediate Zone. ▪Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. ▪Dead plant materials must be removed. ▪Avoid large accumulations of surface fuels such as logs, branches, slash, etc. ▪Tree crowns shall be pruned to maintain a minimum clearance of 10 feet. ▪Structure Ignition Zone 3 (30-100 feet) Expanded Zone. ▪Tree crowns with this zone shall be spaced at a minimum of 6-10 feet. Appendix A: Permits ▪Planning and Temporary Provisions. ▪Permits will be required and limited to 180 days, with extensions possible. ▪Construction must conform to code for safety. ▪Temporary service utilities are allowed with permission. ▪The code official has the authority to terminate temporary permits. Appendix B: Construction Documents ▪Submission requirements consistent with existing building permit applications for format and details. ▪Site plan requirements will need to include topography, landscaping, fire intensity rating, etc. ▪There may be requirements for defensible space plans. ▪AHJ shall retain approved plans. ▪Adherence to approved documents. Amendments are required for changes. ▪Phased approval for foundations allowed at the applicant’s risk. Appendix C: Inspection and Enforcement ▪Inspection. ▪Required for permitted work and must remain accessible. ▪The code official has the authority to inspect. ▪Notification requirements must be met for inspections. ▪Approval is required before proceeding beyond inspected points. ▪Reinspection fees may apply. ▪Testing requirements for installations. ▪Enforcement. ▪The code official has the authority to issue corrective orders and notices, using proper methods for serving those orders or notices. ▪Compliance with orders and notices is mandatory. ▪Consequences of non-compliance are tagging, penalties, or unsafe conditions. ▪The code official has the authority to issue a stop work order. Conclusion and Next Steps ▪Estes Valley Fire Protection District plans to adopt this code at it’s February 23, 2026, meeting. ▪Town of Estes Park will need to ratify by resolution prior to the deadline of April 1, 2026. ▪Recommendation for this code to go into effect on July 1, 2026. ▪Produce and agree upon a cooperative agreement for implementation and enforcement of this code, to be executed prior to July 1, 2026. 2025 Colorado Wildfire Resiliency Code 01 June 2025 CWRC Version 1.0 –THIS PAGE INTENTIONALLY LEFT BLANK– 1 Attributions ATTRIBUTIONS ALL RIGHTS RESERVED. This material contains significant portions from the 2024 International Wildland Interface Code (“2024 IWUIC”), which is a registered copyrighted work owned by the International Code Council, Inc. (the “ICC”). The 2024 IWUIC, and any and all portions thereof, have been obtained and reproduced herein with permission. The “International Code Council”, “International Wildland Interface Code”, the acronyms “ICC” and “IWUIC”, and the ICC logogram are registered trademarks and service marks of ICC. Use of these marks or the 2024 IWUIC without advance written permission from the ICC is prohibited. 2 Table of Contents Chapter 1 - Scope and Administration.....................................................................................5 PART 1 GENERAL PROVISIONS.....................................................................................5 SECTION 101 SCOPE AND GENERAL REQUIREMENTS..............................................5 SECTION 102—APPLICABILITY......................................................................................7 PART 2—ADMINISTRATION AND ENFORCEMENT.......................................................9 SECTION 103—CODE COMPLIANCE AGENCY.............................................................9 SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL...............................9 SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS...........................13 SECTION 106—FEES.....................................................................................................14 SECTION 107—STOP WORK ORDER..........................................................................14 Chapter 2 - Definitions.............................................................................................................15 SECTION 201 GENERAL................................................................................................15 SECTION 202 DEFINITIONS..........................................................................................15 Chapter 3 - Wildfire Hazard Identification..............................................................................19 SECTION 301 GENERAL................................................................................................19 SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS.....................19 SECTION 303 MAPPING AND APPLICABILITY.............................................................19 SECTION 304 GROUND-TRUTHING.............................................................................21 Chapter 4- Structure Hardening...............................................................................................23 SECTION 401 GENERAL................................................................................................23 SECTION 402 BUILDING MATERIAL..........................................................................23 SECTION 403 CLASS 1 STRUCTURE HARDENING..................................................25 SECTION 404 CLASS 2 STRUCTURE HARDENING..................................................26 Chapter 5- Site and Area Requirements...................................................................................29 SECTION 501 GENERAL................................................................................................29 SECTION 502 CLASS 1 REQUIREMENTS...................................................................29 SECTION 503 CLASS 2 REQUIREMENTS...................................................................30 Appendix A: PERMITS..........................................................................................................33 Appendix B: CONSTRUCTION DOCUMENTS.....................................................................36 Appendix C: INSPECTION AND ENFORCEMENT...............................................................38 3 –THIS PAGE INTENTIONALLY LEFT BLANK– 4 Chapter 1 - Scope and Administration PART 1 GENERAL PROVISIONS SECTION 101 SCOPE AND GENERAL REQUIREMENTS 101.1 Title. These regulations shall be known as the Colorado Wildfire Resiliency Code as adopted by [NAME OF JURISDICTION], hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises that contain occupiable and/or habitable space, or change in use resulting in an occupiable and/or habitable space, unless excepted, within the wildland-urban interface areas of Colorado, as designated in this code. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Factory-Built Structures (nonresidential, residential, and tiny homes). Structure hardening provisions of this code for factory-built structures as defined by sections 24-32-3302(9), (10), (11), and (35), C.R.S., are in accordance with Rules adopted by the Division of Housing in 8 CCR 1302-1, Rule 2 Codes and Standards. 101.2.3 HUD Code Homes. Homes built to the HUD Manufactured Home Construction and Safety Standards are exempt from structure hardening requirements on their first installation. Homes built to the HUD Manufactured Home Construction and Safety Standards which are moved into an applicable Wildfire Resiliency code area are subject to the provisions of this code as required by the authority having jurisdiction. 101.3 Purpose. The purpose of this code is to establish minimum regulations for the safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to 5 provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. This code shall supplement the jurisdiction’s building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire- and life-safety hazards of the wildland-urban interface areas. 101.4 Retroactivity. The provisions of the code shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code and conditions that, in the opinion of the code official, constitute a distinct hazard to life or property. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. 101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that, when the work increases the footprint of the existing structure by 500 square feet or greater, the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 101.6 Roof coverings. The roof covering on buildings or structures in existence prior to adoption of this code that are replaced or have 25 percent or more of the surface area of the roof replaced, or where work to reconstruct, alter, or repair the roof covering effectively replaces such material, shall require the entirety of the roof covering to be replaced with a roof covering required for new construction specified in Sections 403.2 through 403.2.2. Exception: Existing roof coverings that are compliant with Section 403.2. 101.7 Exterior walls. The exterior walls of building or structures in existence prior to adoption of this code where 25 percent or more of the total exterior wall surface area is replaced, or where work to reconstruct, alter or repair the exterior walls effectively replaces the exterior wall material, shall require the entirety of the exterior wall surface area, including attachments, to be replaced with materials required for new construction specified in Section 404.3 through 404.3.2 6 and the immediate zone within 5 feet of the structure shall be made to comply with Section 503.1. Exception: Existing exterior walls that are compliant with Section 404.3. 101.8 Maintenance. Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in conformance to the code edition under which installed. The owner or the owner ’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation. SECTION 102—APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code, or any other adopted code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code are listed throughout this code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and the referenced codes and standards, the provisions of this code shall govern. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. 102.5 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or policies adopted by the authority having jurisdiction, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official’s jurisdiction or responsibility. 102.6 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, 7 which are not specifically provided for by this code, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety and general welfare. 102.7 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the International Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 102.9 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 102.9.1 Historic preservation exemption. The authority having jurisdiction may establish a historic preservation exemption or exemptions in their jurisdiction that consists of the spirit and intent of this code. 102.10 Work exempt from permit under this code. Exemptions from code requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 8 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and Miscellaneous Group U (including Agricultural Structures) located more than 50 feet from a structure containing occupiable or habitable space. 9. Fences located more than 8 feet from a habitable structure. 10. Any thirty-five acre parcel with only one residential structure on it that does not abut a residential or commercial area. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103—CODE COMPLIANCE AGENCY 103.1 Creation of agency. The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104—DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code. 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code. 9 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner ’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report. 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction. 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations. 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.2.2 through 104.2.2.7, as applicable. 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 10 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. 104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.2.6.1 and 104.2.2.6.2. 104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official. 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or 11 method of construction, prepared by a peer reviewer that is approved by the code official. 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement agency. 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.4 Access to Property. For the purpose of inspecting and enforcing the provisions of this code and the terms and conditions of any permit issued under this code, the code official is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with this code and to evaluate conditions relative to the permit application. 104.4.1 Authorization. The owner or occupant of the property having a permit under this code shall allow the code official access to the property to perform the required inspections. If access is denied, the code official shall apply to the Court with jurisdiction to seek authority to access the property. 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 12 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5. 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 106. 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order and approved. 104.10 Other agencies. When requested to do so by the code official, other officials of this jurisdiction shall assist and cooperate with the code official in the discharge of the duties required by this code. SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS 105.1 General. The code official is authorized to issue a permit for temporary uses, equipment and systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause. 105.2 Conformance. Temporary uses, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare. 13 105.3 Temporary service utilities. The code official is authorized to give permission to temporarily supply service utilities. 105.4 Termination of approval. The code official is authorized to terminate such permit for temporary uses, equipment and systems and to order the same to be discontinued. SECTION 106—FEES 106.1 General. An AHJ has the authority to establish fees. SECTION 107—STOP WORK ORDER 107.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 107.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner ’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 107.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 107.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. 14 Chapter 2 - Definitions SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. APPROVED. Acceptable to the code official. BUILDING. Any structure intended for supporting or sheltering any occupancy. CLASS A TESTS. Class A Tests are applicable to roof coverings that are expected to be effective against severe fire exposure, afford a high degree of fire protection to the roof deck, do not slip from position, and are not expected to present a flying brand hazard. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official’s authorized representative. DEFENSIBLE SPACE. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. 15 EMBELLISHMENTS. Elements incorporated in design and construction for ornamental or decorative purpose that are not integral to the structure or structural support. FIRE INTENSITY CLASSIFICATION. The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. FIRE-RETARDANT-TREATED WOOD. Fire-retardant-treated wood is any wood product that, when impregnated with chemicals by a pressure process or other means during manufacture, shall have, when tested in accordance with ASTM E84 or UL 723, a listed flame spread index of 25 or less. The ASTM E84 or UL723 test shall be continued for an additional 20-minute period and the flame front shall not progress more than 10.5 feet beyond the centerline of the burners at any time during the test. FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E84. FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of nonfire-resistive vegetation or altering the type of vegetation to reduce the fuel load. HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. HEAVY TIMBER CONSTRUCTION. As described in Section 602.4 of the 2024 International Building Code. HOME IGNITION ZONE. Home Ignition Zone is the home and the area around the home (or structure). The HIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames. 16 IGNITION-RESISTANT VEGETATION. Plants that are less likely to readily ignite from a flame or other ignition source and produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is not less than 6 inches. Log wall construction shall follow requirements of ICC 400. MULTILAYERED GLAZED PANELS. Window or door assemblies that consist of two or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed. NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. 2. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 3. For the purposes of this code, fire-rated gypsum board tested in accordance with ASTM C1396 with no less than a 1-hour fire-resistance-rating with fire exposure from the outside only is considered a noncombustible material. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes or in which occupants are engaged at labor. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. 17 SLOPE. The variation of terrain from the horizontal; the number of feet rise or fall per 100 feet measured horizontally, expressed as a percentage. STRUCTURE. That which is built or constructed. STRUCTURE IGNITION ZONE. Structure Ignition Zone is the structure and the area around the structure (or home). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. TREE CROWN. The primary and secondary branches growing out from the main stem, together with twigs and foliage. WILDLAND-URBAN INTERFACE. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. 18 Chapter 3 - Wildfire Hazard Identification SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the findings of fact to be regulated by this code. 301.2 Objective. The objective of this chapter is to provide simple baseline criteria for determining wildland-urban interface areas based on the wildfire hazard. SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS 302.1 Declaration. The AHJ shall declare the wildland-urban interface areas within the jurisdiction as defined by this code. The wildland-urban interface areas shall be based on the findings of fact. SECTION 303 MAPPING AND APPLICABILITY 303.1 Mapping of Wildfire Hazard Areas. Wildfire Hazard shall be recorded on official maps. These maps identify areas subject to the provisions of this code and shall be available for public inspection through an accessible online platform and at designated local government offices. 303.1.1 Map. This map shall be based on a combination of factors including, but not limited to, vegetative fuels, topography, local weather patterns, and fire behavior modeling data. 303.1.2 Locally Developed Mapping. The AHJ may develop and adopt local maps designating wildfire hazard and fire intensity classifications within its jurisdictional boundaries in accordance with Sections 303.1 through 303.3. 303.2 Fire Intensity Classification. Fire Intensity Classification shall be identified on the map in accordance with Section 303.1. Fire Intensity Classification is determined by expected wildfire behavior, including flame length and suppression difficulty and is separated into three levels: low, moderate, and high. The identified fire intensity classification establishes code requirements for construction and mitigation. 303.2.1 Low Fire Intensity Classification. Low Fire Intensity Classification is identified in areas with light to medium surface fuels, such as grasses, shrubs, and scattered low-density vegetation. These fuels are often discontinuous, which limits flame propagation but can sustain burning under moderate weather conditions. Fires in this class may occur on gentle to moderate slopes, where topography begins to influence the rate of spread. Although flame lengths remain relatively small—typically less than two feet—limited spotting may occur, especially with wind. Trained firefighters with protective equipment and standard hand tools can usually suppress these fires through 19 direct attack, particularly on slopes under 30 percent. Mechanized equipment is typically unnecessary. Key Characteristics Include: 1. Fuels: Light to medium surface fuels, including grasses, shrubs, and scattered vegetation (e.g., WNL, USL fuel types). 2. Flame Length: Less than 2 feet. 3. Rate of Spread: Low, increasing with slopes over 20 percent. 4. Spotting: Very short-range spotting is possible under windy conditions. 5. Terrain Influence: More active fire behavior on moderate slopes (20 to 30 percent). 6. Suppression Difficulty: Easily suppressed by trained firefighters using basic protective gear and hand tools. Direct attack is effective, and mechanized support is rarely needed. 303.2.2 Moderate Fire Intensity Classification. Moderate Fire Intensity Classification is identified in areas with moderate to heavy fuel loads, such as dense shrubs, small trees, and accumulated ground fuels. Fires in this class present continuous horizontal and vertical fuel arrangements, allowing flames to reach up to 8 feet in length. Fire behavior is notably influenced by moderate to steep slopes, often accelerating the spread. Short-range spotting becomes more common, complicating suppression efforts. Ground crews typically require mechanized support, such as engines and dozers, to establish control lines. Aircraft assistance may be necessary, particularly in inaccessible terrain. There is a significant increase in the potential for property damage and risk to life, especially in wildland-urban interface areas. Key Characteristics Include: 1. Fuels: Moderate to heavy fuels, including dense shrublands, small trees, timber litter, and canopy fuels (e.g., USH, UIH fuel types). 2. Flame Length: Up to 8 feet. 3. Rate of Spread: Moderate to high, increasing significantly on slopes over 30 percent. 4. Spotting: Short-range spotting is common. 5. Terrain Influence: Steep slopes (30 percent or greater) increase fire spread and intensity. 6. Suppression Difficulty: Challenging for ground crews without support from engines, dozers, or aircraft. Dozers and plows are generally effective on moderate terrain. 303.2.3 High Fire Intensity Classification. High Fire Intensity Classification is identified in areas with heavy, continuous fuel loads, such as dense forest canopies, thick 20 understory growth, and heavy dead/downed material. Fires in this class frequently occur on steep slopes, often exceeding 40 percent, where topography dramatically increases the rate of spread and severity. Flame lengths can exceed 30 feet, and both short- and medium-range spotting are common, particularly in windy conditions. Direct suppression by ground crews is typically ineffective, requiring indirect attack strategies, such as backburns and aerial retardant drops. Fires in this class pose extreme risk to life, property, and firefighter safety, especially in rugged or remote areas. Key Characteristics Include: 1. Fuels: Heavy fuels, including dense forests, urban core areas with heavy fuel loads, and canopy-dominated regions (e.g., WNH, USH, UCH fuel types). 2. Flame Length: Up to 30 feet or more. 3. Rate of Spread: Rapid, especially on slopes greater than 40 percent. 4. Spotting: Short-range spotting is common; medium-range spotting is possible under windy conditions. 5. Terrain Influence: Slopes over 40 percent amplify intensity and spread, creating dangerous conditions for suppression. 6. Suppression Difficulty: Direct attack by ground forces and dozers is generally ineffective. Indirect strategies (backburning, aerial support) are often necessary. These fires present significant danger to life, property, and responder safety. 303.3 Applicability of Code Provisions. The requirements of this code shall apply to all parcels located within designated Wildfire Hazard Areas and corresponding fire intensity classifications as identified on the official maps. The level of structure hardening, defensible space, and other mitigation measures required shall correspond to the applicable fire intensity classification—Low, Moderate, or High—as established by the board. Structures and parcels identified with low fire intensity classification shall be constructed and maintained in accordance with the provisions for Class 1 structure hardening and site and area requirements. Structures and parcels identified with moderate to high fire intensity classifications shall be constructed and maintained in accordance with the provisions for Class 2 structure hardening and site and area requirements. SECTION 304 GROUND-TRUTHING 304.1 Purpose. This section establishes a process for owners or the owners authorized representative to request a ground-truthing review of their property’s Wildfire Hazard or fire intensity classification as identified on state or locally adopted maps. The intent is to provide an opportunity to verify that mapping accurately reflects current, site-specific conditions. 21 304.2 Determination of Fire Intensity Classification and Code Requirements. As determined by the code official, the fire intensity classification and associated requirements shall be based on a review of the vegetative fuels on the parcel and within 300’ of the parcel boundary, topography, local weather patterns, and fire behavior modeling data and in accordance with the following fire intensity classifications: 304.2.1 Low Fire Intensity Classification in accordance with Section 303.2.1 304.2.2 Moderate Fire Intensity Classification in accordance with Section 303.2.2 304.2.3 High Fire Intensity Classification in accordance with Section 303.2.3 This determination shall be made based on existing conditions or conditions that have been established by a development plan approved by the local jurisdiction. Technical documentation shall be submitted in support of such request by a qualified wildfire professional and in accordance with Section 104.2. 22 Chapter 4- Structure Hardening SECTION 401 GENERAL 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet. SECTION 402 BUILDING MATERIAL 402.1 Building material. Building materials shall comply with any one of the requirements in Section 402.2 through 402.4. 402.2 Noncombustible material. Noncombustible material shall comply with the definition of noncombustible materials in Section 202. 402.3 Fire-retardant-treated wood. Fire-retardant-treated wood shall be identified for exterior use and shall meet the requirements of Section 2303.2 of the 2024 International Building Code. 402.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch. The materials, when tested in accordance with the test procedures set forth in ASTM E84 or UL 723 23 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 402.4.1 through 402.4.3.3. Materials or products which melt, drip or delaminate to the extent that the flame front is interrupted are not permitted. Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019 inch thickness or corrosion-resistant steel at a minimum 0.0149 inch thickness shall not be required to be tested with a ripped or cut longitudinal gap. 402.4.1 Flame spread. The material shall exhibit a flame spread index not exceeding 25. 402.4.2 Flame front. The material shall exhibit a flame front that does not progress more than 10 feet 6 inches beyond the centerline of the burner at any time during the test. 402.4.3 Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. The materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in Sections 402.4.3.1 through 402.4.3.3, as applicable to the materials and conditions of use. 402.4.3.1 Evaluation requirements for weathering. Fire-retardant-treated wood, wood-plastic composite materials and plastic lumber materials shall be evaluated after weathering in accordance with Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing” in ASTM D2898. 402.4.3.2 Wood-plastic composite materials. Wood-plastic composite materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D7032 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 402.4.3.3 Plastic lumber materials. Plastic lumber materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D6662 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 24 SECTION 403 CLASS 1 STRUCTURE HARDENING 403.1 General. Class 1 structure hardening shall be in accordance with Sections 403.2 through 403.4.2 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface having a low fire hazard severity. 403.2 Roofing. Roofs shall have a roof covering or roof assembly classified as Class A when tested in accordance with ASTM E108 or UL 790. 403.2.1 Flame and ember protection of roofs. For roof assemblies where the roof covering profile creates a space between the roof covering and roof deck, the space shall resist the entry of flames and embers by one or more of the following methods: 1. Firestopping with noncombustible material of the space between the roof covering and the roof deck. 2. Installation of one layer of cap sheet complying with ASTM D3909 over the combustible roof deck. 3. Installation of a listed Class A classified roof assembly. 403.2.2 Roof valley flashings. Valley flashings shall be not less than 0.019 inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36- inch-wide underlayment consisting of one layer of cap sheet complying with ASTM D3909 running the full length of the valley. 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 403.4 Ventilation Openings. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be in accordance with Section 403.4.1 or Section 403.4.2 as applicable. 403.4.1 Performance Requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements: 1. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. 2. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test. 3. The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C). 403.4.2 Prescriptive Requirements. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be covered with noncombustible 404.3corrosion-resistant mesh with openings not to exceed ⅛-inch. 25 SECTION 404 CLASS 2 STRUCTURE HARDENING 404.1 General. Class 2 structure hardening shall be in accordance with Sections 404.2 through 404.10.1 as well as the provisions of Class 1 structure hardening in Sections 403.2-403.4.2 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface having a moderate or high fire hazard severity. See also Sections 101.6-101.7. 404.2 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire-resistance-rated construction, ⅝-inch Type X drywall, 2-inch nominal dimension lumber, or 1 inch nominal fire-retardant-treated wood or ¾ inch nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on the backside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire-resistance-rated construction, ⅝-inch Type X drywall, or 2- inch nominal dimension lumber. 404.3 Exterior Walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 1. Exterior wall assemblies with a minimum of 1-hour fire-resistance rating, rated for exposure on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Noncombustible materials complying with Section 402.2 on the exterior side. 5. Fire-retardant treated wood complying with Section 402.3 on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 6. Ignition-resistant materials complying with Section 402.4 on the exterior side. Such material shall extend from the top of the foundation to the underside of the eave or the underside of the roof sheathing. Exceptions: 1. Exterior wall embellishments and architectural trim (exclusive of trim on exterior windows and doors) not to exceed 5 percent of the square footage of the exterior wall. 2. Roof or wall top cornice projections and similar assemblies. 3. Solid wood rafter tails and solid wood blocking installed between rafters having minimum dimension 2 inch nominal. 404.3.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following: 1. Noncombustible materials. 2. Fire-retardant-treated wood. 3. Ignition-resistant building materials. 26 Exception: Where options 1 or 2 in section 404.3 are used, vinyl siding may be used as an exterior covering. 404.3.2 Flashing. A minimum of 6 inches of metal flashing or noncombustible material applied vertically between the wall sheathing and the exterior cladding shall be installed at the ground, decking, and roof intersections. Combustible sheathing products exposed by the gap created at the base of the exterior walls, posts, or columns must be protected with noncombustible material or ignition-resistant building materials while still permitting drainage and moisture control from behind exterior cladding. 404.4 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground or comply with exterior walls in accordance with Section 404.3. 404.5 Decking. Unenclosed decks shall have the deck walking surface constructed of one of the following: 1. Approved noncombustible materials 2. Class A rated material Exception: Composite decking material with a minimum of Class B rating 3. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code 4. Ignition-resistant building materials in accordance with Section 402.4. 404.6 Appendages and Projections. Appendages and projections shall be constructed in accordance with Section 404.3. 404.7 Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes. 404.8 Exterior Doors. Exterior doors shall be approved noncombustible construction, solid core wood not less than 1 ¾-inches thick, or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 404.7. Exception: Vehicle access doors. 404.9 Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding ⅛ inch as approved by the AHJ. Gaps between doors and door openings shall be controlled by one of the following methods: 1. Weather-stripping products made of materials that: (a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, when the maximum allowable difference in tensile strength values between exposed and 27 non-exposed samples does not exceed 10 percent; and (b) exhibit a V-2 or better flammability rating when tested to UL 94 (Standards for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances). 2. Door overlaps onto jambs and headers. 3. Garage door jambs and headers covered with metal flashing. 404.10 Detached Accessory Structures. Detached accessory structures located less than 50 feet from a building containing habitable or occupiable space shall have exterior walls constructed in accordance with Section 404.3 through 404.3.2. 404.10.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 404.3 or underfloor protection in accordance with Section 404.4 or with ⅛-inch metal corrosion-resistant screen with a hardened zone within 5 feet. Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction, heavy timber construction, noncombustible materials on the exterior side, or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 28 Chapter 5- Site and Area Requirements SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall apply to parcels subject to this code. 501.2 Reference. As needed, the code official shall refer to the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service. Where conflicts occur between provisions of this code and the HIZ Guide, the provisions of this code shall govern. The provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. SECTION 502 CLASS 1 REQUIREMENTS 502.1 Structure Ignition Zone 1 (0-5 feet): Immediate Zone 502.1.1 Objective. This zone is designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments. 502.1.2 Materials. Use noncombustible, hard surface materials in this zone, such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. Exception: Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Immediate Zone. 502.1.3 Plantings. Remove all plantings including shrubs, slash, combustible mulch and other woody debris, with the exception of ignition-resistant vegetation. 502.1.4 Trees. There shall be no planting of new trees in the immediate zone. Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2 Site Signage 502.2.1 Marking of roads. Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof. 502.2.2 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction. 29 502.2.3 Address markers. Buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located in a manner approved by the code official. 502.3 Retaining Walls 502.3.1 Retaining Walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: 1. The retaining wall is within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure. 2. The retaining wall is integral to the support of a structure regulated by this code. 3. The retaining wall is integral to the egress from a structure regulated by this code to a public way, easement, or private road. 502.4 Fencing 502.4.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure shall be constructed with noncombustible or ignition-resistant materials. Exception: Vinyl fencing. Vinyl fencing may be allowed. SECTION 503 CLASS 2 REQUIREMENTS 503.1 General. Class 2 site and area requirements shall be in accordance with Sections 503.2 through 503.3.2 and include all requirements of Class 1 in Sections 502.1 through 502.4. 503.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 503.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. 503.2.2 Dead Materials. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. 503.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 503.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 30 503.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 503.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. 503.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 503.3.1 Objective. This zone focuses on mitigation that keeps fire on the ground. 503.3.2 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6-10 feet. 31 –THIS PAGE INTENTIONALLY LEFT BLANK– 32 Appendix A: PERMITS The provisions of this appendix apply only when adopted by the governing body in the final ordinance. A101.1 General. Where not otherwise provided in the requirements of the International Building Code or International Fire Code, permits are required in accordance with Sections A101.2 through A101.9. A101.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, converted, changed, or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official. For buildings or structures erected for temporary uses, see Section 105. A101.3 Permit application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made. 2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, operation, practice or function. 3. Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended. 4. Be accompanied by plans, diagrams, computation and specifications and other data as required in Appendix B. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant or the applicant’s authorized agent. 7. Give such other data and information as required by the code official. A101.3.1 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be used. A101.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that 33 the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A101.4 Permit approval. Before a permit is issued, the code official, or an authorized representative, shall review and approve permitted uses, occupancies or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned. A101.5 Permit issuance. The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the work described in an application for a permit and the plan, specifications and other data filed therewith conform to the requirements of this code, the code official is allowed to issue a permit to the applicant. When the code official issues the permit, the code official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the code official, and work regulated by this code shall be done in accordance with the approved plans. A101.5.1 Refusal to issue a permit. Where the application or construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefor. A101.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or conceal the provisions of this code or other ordinances of the jurisdiction shall not be valid. A101.7 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the building, use or work authorized by such permit is not commenced within 180 days from the date of such permit,or if the building, use or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit where the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Permits shall not be extended more than once. 34 A101.8 Retention of permits. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by the code official or other authorized representative. A101.9 Revocation of permits. Permits issued under this code can be suspended or revoked where it is determined by the code official that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which the permit was issued. 3. Any of the conditions or limitations set forth in the permit have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served on him or her under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made. 6. The permit is issued in error or in violation of any other ordinance, regulations or provisions of this code. The code official is allowed to, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. 35 Appendix B: CONSTRUCTION DOCUMENTS The provisions of this appendix apply only when adopted by the governing body in the final ordinance. B101.1 General. Plans, engineering calculations, diagrams and other data shall be submitted in the format as required by the jurisdiction. The construction documents shall be prepared and submitted where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require additional documentation. Exception: Submission of plans, calculations, construction inspection requirements and other data, if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. B101.2 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations. B101.3 Site plan. In addition to the requirements for plans in the International Building Code, site plans shall include topography, landscape and vegetation details and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Identify the fire intensity classification. B101.3.1 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. B101.5 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation. B101.6 Retention of plans. One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local laws. B101.7 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 36 B101.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and changes made during construction that are not in compliance with the approved documents shall be resubmitted for approval as an amended set of construction documents. B101.9 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. B101.10 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder ’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. 37 Appendix C: INSPECTION AND ENFORCEMENT The provisions of this appendix apply only when adopted by the governing body in the final ordinance. C101.1 Inspection. Inspections shall be in accordance with Sections C101.1.1 through C101.1.4.3. C101.1.1 General. Construction or work for which a permit is required by this code shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans. C101.1.2 Authority to inspect. The code official shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this code and of any other law or standard affecting fire safety. C101.1.2.1 Approved inspection agencies. The code official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. C101.1.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C101.1.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall 38 either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. C101.1.3 Reinspections. To determine compliance with this code, the code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for which inspection is called is not complete or where corrections called for are not made. Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. C101.1.4 Testing. Installations shall be tested as required in this code and in accordance with Sections C101.1.4.1 through C101.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the code official. C101.1.4.1 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects. C101.1.4.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent. C101.1.4.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. C101.2 Enforcement. Enforcement shall be in accordance with Sections C101.2.1 and C101.2.2. C101.2.1 Authorization to issue corrective orders and notices. Where the code official finds any building or premises that are in violation of this code, the code official is authorized to issue corrective orders and notices. C101.2.2 Service of orders and notices. Orders and notices authorized or required by this code shall be given or served on the owner, the owner ’s authorized agent, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to, and leaving it with, a person of suitable age and discretion on the premises; or, if such person is not found on the 39 premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person’s last known address. Orders or notices that are given verbally shall be confirmed by service in writing as herein provided. C101.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections C101.3.1 through C101.3.8. C101.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner ’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner ’s authorized agent. C101.3.2 Compliance with tags. building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section C101.3.1. C101.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official. C101.3.4 Citations. Persons operating or maintaining an occupancy or premises subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor. C101.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes. C101.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. C101.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner ’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or 40 requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order. C101.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods: 1. Delivered to the owner or the owner ’s authorized agent personally. 2. Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested. 3. Delivered in any other manner as prescribed by local law. Where the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner ’s authorized agent or on the person responsible for the structure shall constitute service of notice on the owner. C101.3.5.3 Placarding. Upon failure of the owner, the owner ’s authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “UNSAFE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. C101.3.5.3.1 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe condition and placarding action were based have been eliminated. Any person who defaces or removes an unsafe condition placard without the approval of the code official shall be subject to the penalties provided by this code. C101.3.5.4 Abatement. The owner, the owner ’s authorized agent, operator or occupant of a building, structure or premises deemed unsafe by the code official shall abate, correct or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. C101.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code. C101.3.5.6 Evacuation. The code official shall be authorized to order the immediate evacuation of any occupied building, structure or premises deemed unsafe where such hazardous conditions exist that present imminent danger to the occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the code official. 41 C101.3.6 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. C101.3.7 Violation penalties. An AHJ has the authority to establish fees. C101.3.8 Abatement of violation. In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. 42 SENATE BILL 23-166 BY SENATOR(S) Cutter and Exum, Buckner, Coleman, Fields, Gonzales, Hansen, Jaquez Lewis, Marchman, Moreno, Priola, Sullivan, Winter F., Fenberg; also REPRESENTATIVE(S) Froelich and Velasco, Amabile, Bacon, Bird, Boesenecker, Brown, Dickson, English, Epps, Garcia, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Joseph, Kipp, Lindsay, McCormick, Michaelson Jenet, Ricks, Sirota, Snyder, Story, Titone, Valdez, Willford, Woodrow, McCluskie. CONCERNING THE ESTABLISHMENT OF A WILDFIRE RESILIENCY CODE BOARD, AND, IN CONNECTION THEREWITH, REQUIRING THE WILDFIRE RESILIENCY CODE BOARD TO ADOPT MODEL CODES, REQUIRING GOVERNING BODIES WITH JURISDICTION IN AN AREA WITHIN THE WILDLAND-URBAN INTERFACE TO ADOPT CODES THAT MEET OR EXCEED THE STANDARDS SET FORTH IN THE MODEL CODES, AND MAKING AN APPROPRIATION. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 24-33.5-1236 and 24-33.5-1237 as follows: Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. 24-33.5-1236. Wildfire resiliency code board - powers and duties - rules - cash fund - legislative declaration - definitions. (1) Legislative declaration. (a) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT: (I) COLORADO'S WILDFIRE RISK HAS CONTINUED TO INCREASE OVER THE YEARS AND MORE COMMUNITIES ARE AT RISK OF WILDFIRES; (II) COLORADO WILDFIRES HAVE GROWN IN INTENSITY, FREQUENCY, AND DEVASTATION SINCE THE YEAR 2000; (III) A COMBINED APPROACH OF STRUCTURE HARDENING AND REDUCING FIRE RISK IN THE DEFENSIBLE SPACE SURROUNDING STRUCTURES IS NECESSARY TO REDUCE THE RISK OF DAMAGE TO COLORADO COMMUNITIES FROM THE EFFECTS OF WILDFIRES. THIS RISK INCLUDES THE LOSS OF LIFE, HOMES, BUSINESSES, AND OTHER STRUCTURES AND THE LOSS OF JOBS AND ECONOMIC VITALITY. RISK EVALUATION IS BASED ON MANY FACTORS, INCLUDING PROXIMITY TO STRUCTURES. HARDENING STRUCTURES IS THE PROCESS OF MAKING STRUCTURES MORE RESILIENT TO IGNITION AND INVOLVES BEST PRACTICES TO PROTECT A STRUCTURE FROM THE RISK OF WILDFIRE AND TO PREVENT A STRUCTURE FIRE FROM STARTING A WILDFIRE. (IV) BUILDING STRUCTURES, INCLUDING HOUSES, THAT ARE RESILIENT TO WILDFIRE RISK IS AS AFFORDABLE OR MORE AFFORDABLE THAN BUILDING NONRESILIENT STRUCTURES AND REDUCES STRUCTURE LOSS, THE FINANCIAL INVESTMENT REQUIRED TO REBUILD STRUCTURES, COST OF INSURANCE, AND PROBLEMS RELATED TO UNDERINSURANCE. IN LIGHT OF THESE FINANCIAL IMPLICATIONS, INCREASING HOUSING STOCK WITH WILDFIRE RESILIENT STRUCTURES INCREASES AND PROTECTS THE AFFORDABLE HOUSING STOCK. (V) THE DIVISION AND THE COLORADO FIRE COMMISSION HAVE ENGAGED IN A STAKEHOLDER-DRIVEN STRATEGIC PLANNING EFFORT TO EVALUATE THE BEST APPROACH TO ENSURE THAT COLORADO'S COMMUNITIES, PROPERTIES, AND STRUCTURES ARE PROTECTED FROM THE EFFECTS OF WILDFIRES AND HAVE RECOMMENDED THE CREATION OF A WILDFIRE RESILIENCY CODE BOARD IN COLORADO; AND (VI) ESTABLISHING A CODE BOARD WILL ALLOW THE STATE TO ADOPT AND ENFORCE BEST PRACTICE APPROACHES TO HARDENING PAGE 2-SENATE BILL 23-166 STRUCTURES AND REDUCING FIRE RISK IN THE DEFENSIBLE SPACE SURROUNDING STRUCTURES THROUGHOUT COLORADO WHILE CONTINUING TO INVOLVE IMPACTED STAKEHOLDERS IN DECISION-MAKING CONCERNING WILDFIRE RESILIENCY CODES. As ONE OF ITS FUNCTIONS, THE CODE BOARD WILL ENDEAVOR TO ESTABLISH A CONSISTENT STATE-LEVEL DEFINITION FOR THE WILDLAND-URBAN INTERFACE THAT CAN BE USED BY ALL APPLICABLE STATE AGENCIES. (b) THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT ESTABLISHING A WILDFIRE RESILIENCY CODE BOARD SERVES THE INTERESTS OF THE STATE AND LOCAL COMMUNITIES IN CONSTRUCTING SAFER AND MORE RESILIENT COMMUNITIES AND REDUCING RISK TO PEOPLE AND PROPERTY. (2) Board created. THE WILDFIRE RESILIENCY CODE BOARD, REFERRED TO IN THIS SECTION AS THE "BOARD", IS CREATED IN THE DIVISION AS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105. EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4)(b) OF THIS SECTION, THE BOARD EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DIVISION AND THE EXECUTIVE DIRECTOR. (3) Membership. (a) THE BOARD CONSISTS OF TWENTY-ONE VOTING MEMBERS WHO MUST BE RESIDENTS OF COLORADO, APPOINTED AS FOLLOWS: (I) THREE MEMBERS REPRESENTING COLORADO BUILDING CODES PROFESSIONALS, INCLUDING: (A) ONE REPRESENTING RURAL COMMUNITIES, APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; (B) ONE REPRESENTING URBAN COMMUNITIES, APPOINTED BY THE PRESIDENT OF THE SENATE; AND (C) ONE ARCHITECT WITH EXPERIENCE USING WILDFIRE RESILIENCY CODES IN THE STATE WHO REPRESENTS A STATEWIDE ORGANIZATION FOR ARCHITECTS, APPOINTED BY THE EXECUTIVE DIRECTOR; (II) THREE MEMBERS, TWO OF WHICH ARE EITHER A FIRE MARSHAL, FIRE CHIEF, OR FIRE ENGINEER AND ONE OF WHICH HAS SPECIALIZED EXPERTISE IN WILDLAND FIRE BEHAVIOR OR WILDFIRE MITIGATION SCIENCE AND STRATEGIES, EACH APPOINTED BY THE EXECUTIVE DIRECTOR; PAGE 3-SENATE BILL 23-166 (III) ONE MEMBER REPRESENTING A STATEWIDE ORGANIZATION FOR HOME BUILDING PROFESSIONALS, APPOINTED BY THE MINORITY LEADER OF THE SENATE; (IV) ONE MEMBER REPRESENTING A STATEWIDE ORGANIZATION FOR COMMERCIAL BUILDING PROFESSIONALS, APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; (V) ONE MEMBER REPRESENTING COLORADO LAND USE OR COMMUNITY PLANNING PROFESSIONALS, APPOINTED BY THE EXECUTIVE DIRECTOR; (VI) ONE MEMBER REPRESENTING HAZARD MITIGATION PROFESSIONALS, APPOINTED BY THE EXECUTIVE DIRECTOR; (VII) Six MEMBERS REPRESENTING COLORADO LOCAL GOVERNMENTS, INCLUDING: (A) ONE MUNICIPAL REPRESENTATIVE REPRESENTING RURAL COMMUNITIES WHO IS APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND ONE COUNTY REPRESENTATIVE REPRESENTING RURAL COMMUNITIES WHO IS APPOINTED BY THE MINORITY LEADER OF THE SENATE; (B) ONE MUNICIPAL REPRESENTATIVE REPRESENTING URBAN COMMUNITIES WHO IS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE COUNTY REPRESENTATIVE REPRESENTING URBAN COMMUNITIES WHO IS APPOINTED BY THE PRESIDENT OF THE SENATE; AND (C) ONE MUNICIPAL AND ONE COUNTY REPRESENTATIVE REPRESENTING A MUNICIPALITY AND A COUNTY THAT, PRIOR TO SEPTEMBER 30, 2023, HAS ADOPTED A CODE THAT PROVIDES, MINIMALLY, FOR WILDFIRE RESILIENT STRUCTURES AND BEST PRACTICES, EACH APPOINTED BY THE EXECUTIVE DIRECTOR; (VIII) ONE MEMBER REPRESENTING A STATEWIDE ASSOCIATION OF PROPERTY AND CASUALTY COMPANIES, APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES; PAGE 4-SENATE BILL 23-166 (IX) ONE MEMBER REPRESENTING THE BUILDING TRADES, APPOINTED BY THE EXECUTIVE DIRECTOR; (X) ONE MEMBER REPRESENTING A STATEWIDE ASSOCIATION OF NONPROFIT UTILITIES, APPOINTED BY THE PRESIDENT OF THE SENATE; (XI) ONE MEMBER REPRESENTING AN INVESTOR-OWNED UTILITY, APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND (XII) ONE MEMBER REPRESENTING A NONPROFIT HOME BUILDER FOR AFFORDABLE HOME OWNERSHIP THAT SERVES POPULATIONS WITH INCOMES UNDER EIGHTY PERCENT OF AN AREA'S MEDIAN INCOME, APPOINTED BY THE EXECUTIVE DIRECTOR. (b) THE BOARD INCLUDES THE FOLLOWING NONVOTING EX OFFICIO MEMBERS: (I) THE DIRECTOR OR THE DIRECTOR'S DESIGNEE; (II) THE STATE FORESTER OR THE STATE FORESTER'S DESIGNEE; AND (III) THE DIRECTOR OF THE COLORADO RESILIENCY OFFICE CREATED IN SECTION 24-32-121 OR THE DIRECTOR'S DESIGNEE. (c) INITIAL APPOINTMENTS MUST BE MADE NO LATER THAN SEPTEMBER 30, 2023. IN ADDITION TO THE REQUIREMENTS SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION, AND NOTWITHSTANDING THE REQUIREMENTS SET FORTH IN SUBSECTION (3)(g) OF THIS SECTION, INDIVIDUALS INITIALLY APPOINTED TO THE BOARD MUST RESIDE OR WORK WITHIN AN AREA OF THE STATE THAT IS AT HIGH RISK FOR WILDFIRE AS DETERMINED WITH INPUT FROM THE COLORADO STATE FOREST SERVICE, AND SUBSEQUENTLY APPOINTED MEMBERS MUST RESIDE OR WORK IN AREAS OF THE STATE WITHIN THE WILDLAND-URBAN INTERFACE AS DEFINED BY THE BOARD PURSUANT TO SUBSECTION (4)(b)(I) OF THIS SECTION. (d) THE TERM OF APPOINTMENTS FOR APPOINTED MEMBERS IS THREE YEARS; EXCEPT THAT THE TERMS SHALL BE STAGGERED SO THAT NO MORE THAN SEVEN MEMBERS' TERMS EXPIRE IN ONE YEAR. A MEMBER MAY BE REAPPOINTED FOR ONE ADDITIONAL TERM. IN THE EVENT OF A VACANCY, THE APPLICABLE PERSON AUTHORIZED TO APPOINT A MEMBER OR MEMBERS PAGE 5-SENATE BILL 23-166 AS SET FORTH IN SUBSECTION (3)(a) OF THIS SECTION FOR THE APPLICABLE POSITION THAT IS VACANT SHALL APPOINT A NEW MEMBER TO THE VACANT POSITION FOR THE REMAINDER OF THE UNEXPIRED TERM. A MEMBER APPOINTED TO FILL A VACANCY MUST MEET THE QUALIFICATIONS FOR THE VACANT POSITION. (e) EACH MEMBER OF THE BOARD SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO REIMBURSEMENT FROM THE WILDFIRE RESILIENCY CODE BOARD CASH FUND CREATED IN SUBSECTION (8) OF THIS SECTION FOR ACTUAL AND NECESSARY TRAVEL EXPENSES INCURRED IN THE PERFORMANCE OF THE MEMBER'S DUTIES AS A MEMBER OF THE BOARD. (f) THE EXECUTIVE DIRECTOR SHALL APPOINT THE CHAIR OF THE BOARD. (g) IN ADDITION TO THE REQUIREMENTS OF THIS SUBSECTION (3), WHEN MAKING APPOINTMENTS TO THE BOARD, REASONABLE EFFORTS MUST BE MADE TO APPOINT MEMBERS WHO REFLECT THE GEOGRAPHIC AND DEMOGRAPHIC DIVERSITY OF THE ENTIRE STATE. (4) Powers and duties. (a) THE MISSION OF THE BOARD IS TO ENSURE THAT COLORADO COMMUNITIES ARE SAFER FROM AND MORE RESILIENT TO WILDFIRES BY REDUCING THE RISK TO PEOPLE AND PROPERTY THROUGH THE ADOPTION OF STATEWIDE CODES AND STANDARDS BASED ON BEST PRACTICE APPROACHES TO HARDENING STRUCTURES AND REDUCING FIRE RISK IN THE DEFENSIBLE SPACE SURROUNDING STRUCTURES IN THE WILDLAND-URBAN INTERFACE IN COLORADO. (b) IN FURTHERANCE OF ITS MISSION, THE BOARD SHALL PROMULGATE RULES IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE 24 CONCERNING THE ADOPTION OF MINIMUM CODES AND STANDARDS FOR HARDENING STRUCTURES AND REDUCING FIRE RISK IN THE DEFENSIBLE SPACE SURROUNDING STRUCTURES IN THE WILDLAND-URBAN INTERFACE IN COLORADO. NOTWITHSTANDING SECTION 24-1-105 (1)(C) OR ANY OTHER LAW TO THE CONTRARY, THE RULES PROMULGATED BY THE BOARD ARE NOT SUBJECT TO APPROVAL OR MODIFICATION BY THE DIRECTOR OR THE EXECUTIVE DIRECTOR. AT A MINIMUM, THE RULES MUST: (I) DEFINE THE WILDLAND-URBAN INTERFACE AND IDENTIFY THE AREAS OF COLORADO THAT ARE INCLUDED WITHIN IT; EXCEPT THAT, PAGE 6-SENATE BILL 23-166 NOTWITHSTANDING THE AREA THAT THE BOARD IDENTIFIES AS INCLUDED WITHIN THE WILDLAND-URBAN INTERFACE, ANY THIRTY-FIVE ACRE PARCEL WITH ONLY ONE RESIDENTIAL STRUCTURE ON IT THAT DOES NOT ABUT A RESIDENTIAL OR COMMERCIAL AREA IS EXEMPT FROM ADHERENCE TO THE CODES. IN DEFINING COLORADO'S WILDLAND-URBAN INTERFACE, THE BOARD MAY CONSIDER BEST PRACTICES INCLUDING BUT NOT LIMITED TO PRACTICES OF OTHER STATES AND THE FEDERAL GOVERNMENT; REGIONAL DIFFERENCES AND RISKS WITHIN THE STATE; ENVIRONMENTAL, HEALTH, AND SAFETY IMPACTS; ANY EXISTING DEFINITIONS OF THE TERM WILDLAND-URBAN INTERFACE; AND INDIVIDUAL RISK PROFILES IDENTIFIED BY THE COLORADO STATE FOREST SERVICE. THE DEFINITION OF THE WILDLAND-URBAN INTERFACE SHALL BE UPDATED ONCE EVERY THREE YEARS, AS THE BOARD DETERMINES MAY BE NECESSARY. (II) ADOPT MINIMUM CODES AND STANDARDS, REFERRED TO IN THIS SECTION AS THE "CODES", THAT MUST: (A) BE BASED ON BEST PRACTICES TO REDUCE THE RISK TO LIFE AND PROPERTY FROM THE EFFECTS OF WILDFIRES; (B) TAKE INTO CONSIDERATION THE FISCAL IMPACTS OF ADOPTING SUCH CODES, INCLUDING BUT NOT LIMITED TO COST IMPACTS FOR CITIES, COUNTIES, AND PROPERTY OWNERS RELATED TO CONSTRUCTION COSTS, INSURANCE COVERAGE, AND REDUCTION OF RISK FOR DAMAGE OR LOSS OF STRUCTURES FROM FIRES, AND TAKE INTO CONSIDERATION REGIONAL RISK PROFILES WITHIN THE STATE, ENVIRONMENTAL IMPACTS, EXISTING MODEL CODES, REGIONAL DIFFERENCES IN AFFORDABILITY, DENSITY, AND EXISTING BUILDING AND PROPERTY MAINTENANCE CODES, AND HEALTH AND SAFETY IMPACTS; (C) APPLY TO PERMITTING AND INSPECTIONS FOR NEW CONSTRUCTION OF STRUCTURES OR DEFENSIBLE SPACE AROUND STRUCTURES AND FOR NEW CONSTRUCTION FOR AN EXTERNAL ADDITION, ALTERATION, OR REPAIR TO A STRUCTURE OR THE DEFENSIBLE SPACE AROUND THE STRUCTURE IN ACCORDANCE WITH THIS SUBSECTION (4)(b)(II)(C). COMPLIANCE WITH THE CODES IS REQUIRED FOR PERMITS AND INSPECTIONS IN CONNECTION WITH INCREASING THE FOOTPRINT OF A STRUCTURE BY FIVE HUNDRED SQUARE FEET, INCLUDING ADDING ATTACHMENTS TO THE STRUCTURE. COMPLIANCE WITH THE CODES IS REQUIRED FOR PERMITS AND INSPECTIONS IN CONNECTION WITH AN ALTERATION OR REPAIR TO THE PAGE 7-SENATE BILL 23-166 EXTERIOR OF AN EXISTING STRUCTURE, OR AN ATTACHMENT TO IT, IF TWENTY-FIVE PERCENT OR MORE OF THE EXTERIOR OF THE STRUCTURE OR THE ATTACHMENT TO IT IS AFFECTED BY THE ALTERATION OR REPAIR. COMPLIANCE WITH THE CODES IS REQUIRED FOR THE ADDITION OF A WOODEN DECK TO A STRUCTURE. THE CODES SHALL NOT APPLY TO INTERIOR ALTERATIONS OF EXISTING STRUCTURES. (D) BE INITIALLY ADOPTED BY THE BOARD NO LATER THAN JULY 1, 2025, AND REVIEWED BY THE BOARD EVERY THREE YEARS AND UPDATED OR SUPPLEMENTED AS THE BOARD DETERMINES MAY BE NECESSARY; (III) IDENTIFY THE RANGE OF HAZARDS AND THE TYPES OF BUILDINGS, ENTITIES, AND DEFENSIBLE SPACE AROUND STRUCTURES WITHIN THE WILDLAND-URBAN INTERFACE TO WHICH THE CODES APPLY; (IV) ESTABLISH THE PROCESS BY WHICH A GOVERNING BODY MAY PETITION THE BOARD FOR A MODIFICATION TO THE CODES IN ACCORDANCE WITH SECTION 24-33.5-1237 (3); (V) ESTABLISH THE CRITERIA AND PROCESS FOR THE BOARD TO DENY OR GRANT AN APPEAL FROM A DECISION BY THE BOARD ON A PETITION FOR MODIFICATION MADE PURSUANT TO THE RULES ADOPTED IN ACCORDANCE WITH SUBSECTION (4)(b)(IV) OF THIS SECTION; AND (VI) ESTABLISH CRITERIA AND PARAMETERS CONSISTENT WITH SECTIONS 24-65.1-105 AND 29-20-108 FOR EXPEDITED CONSIDERATION OR APPROVAL OF AN EXEMPTION FROM THE CODE FOR ACTIVITIES OR INVESTMENTS RELATED TO REPAIR, REPLACEMENT, OR HARDENING OF EXISTING UTILITY INFRASTRUCTURE PRIMARILY WITHIN EXISTING TRANSMISSION ROUTES THAT MITIGATE WILDFIRE RISK. (C) IN ADDITION TO PROMULGATING THE RULES REQUIRED BY SUBSECTION (4)(b) OF THIS SECTION, THE BOARD SHALL: (I) WHEN PROMULGATING RULES PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION, COLLABORATE WITH: (A) THE DIVISION OF INSURANCE CREATED IN SECTION 10-1-103 (1); (B) THE DEPARTMENT OF LOCAL AFFAIRS; AND PAGE 8-SENATE BILL 23-166 (C) THE ENERGY CODE BOARD ESTABLISHED IN SECTION 24-38.5-401 (2); (II) PURSUANT TO THE BOARD'S COLLABORATION WITH THE ENERGY CODE BOARD AS REQUIRED BY SUBSECTION (4)(c)(I)(C) OF THIS SECTION, THE BOARD SHALL WORK WITH THE ENERGY CODE BOARD TO IDENTIFY ANY CONFLICTS BETWEEN CODES DEVELOPED BY THE ENERGY CODE BOARD PURSUANT TO SECTION 24-38.5-401 (5) AND (6) AND RULES PROMULGATED BY THE BOARD AND MAKE BEST EFFORTS TO RESOLVE ANY CONFLICTS; (III) CONSIDER OPPORTUNITIES TO INCENTIVIZE AND SUPPORT GOVERNING BODIES IN ADOPTING MORE STRINGENT CODES THAN THE CODES ADOPTED IN ACCORDANCE WITH SUBSECTION (4)(b)(II) OF THIS SECTION; (IV) RECEIVE PETITIONS FOR MODIFICATION OF THE CODES AND STANDARDS SUBMITTED BY GOVERNING BODIES IN ACCORDANCE WITH SECTION 24-33.5-1237 (3) AND RULES ADOPTED BY THE BOARD PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION; AND (V) REVIEW APPEALS, CONDUCT HEARINGS, AND ISSUE DECISIONS IN ACCORDANCE WITH SECTION 24-33.5-1237 AND RULES ADOPTED BY THE BOARD PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION. (d) PROPERTIES WITH A CERTIFICATE OF OCCUPANCY ARE NOT REQUIRED TO BE IN COMPLIANCE WITH THE CODES PRIOR TO THE SALE OR TRANSFER OF A PROPERTY. (e) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND IN SECTION 24-33.5-1237, THE BOARD IS NOT AUTHORIZED TO MAKE OR ADOPT LAND USE POLICIES. (f) THE BOARD SHALL HOLD HEARINGS TO ALLOW FOR STATEWIDE PUBLIC INPUT AND SHALL PROACTIVELY SOLICIT PUBLIC FEEDBACK WHEN PROMULGATING RULES PURSUANT TO THIS SECTION. (g) THE BOARD SHALL NOT APPROVE FINAL ADOPTION OF THE CODES, OR ANY UPDATES OR SUPPLEMENTS TO THE CODES PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION, UNTIL AT LEAST THREE STATEWIDE PUBLIC HEARINGS HAVE BEEN HELD, INCLUDING AT LEAST ONE HEARING HELD IN A LOCATION WEST OF THE CONTINENTAL DIVIDE AND AT LEAST ONE HEARING PAGE 9-SENATE BILL 23-166 HELD IN A LOCATION EAST OF THE CONTINENTAL DIVIDE AND EITHER SOUTH OF EL PASO COUNTY'S SOUTHERN BOUNDARY OR EAST OF ARAPAHOE COUNTY'S EASTERN BOUNDARY. MEMBERS OF THE BOARD MAY PARTICIPATE ELECTRONICALLY AND THE BOARD SHALL ESTABLISH RULES TO PROVIDE FOR THE NECESSARY ELEMENTS FOR ELECTRONIC ATTENDANCE AT HEARINGS. (5) Staff support. THE DIVISION AND THE COLORADO FIRE COMMISSION SHALL PROVIDE OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS NECESSARY TO IMPLEMENT THIS SECTION. THE DIVISION SHALL PROVIDE ASSISTANCE TO THE BOARD IN MAINTAINING A PUBLICLY ACCESSIBLE WEBSITE THAT MUST CONTAIN CURRENT INFORMATION ON ACTIONS TAKEN BY THE BOARD AND CURRENT INFORMATION ABOUT THE CODES. (6) Reports. (a) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR BEFORE SEPTEMBER 30, 2024, AND ON OR BEFORE SEPTEMBER 30 EACH YEAR THEREAFTER, THE BOARD SHALL SUBMIT A WRITTEN REPORT TO THE WILDFIRE MATTERS REVIEW COMMITTEE CREATED IN SECTION 2-3-1602 AND THE DIRECTOR ON ITS ACTIVITIES, ACTIONS, AND RECOMMENDATIONS FOR IMPROVEMENT. (b) THE REPORT REQUIRED BY SUBSECTION (6)(a) OF THIS SECTION MUST INCLUDE INFORMATION CONCERNING: (I) DEFINITIONS ADOPTED BY THE BOARD; (II) PERFORMANCE METRICS ADOPTED AND USED BY THE BOARD; AND (III) COMPLIANCE WITH THE CODES ADOPTED BY THE BOARD, INCLUDING: (A) A LIST OF GOVERNING BODIES THAT HAVE ADOPTED A CODE THAT MEETS THE MINIMUM STANDARDS SET FORTH IN THE CODES; (B) A LIST OF GOVERNING BODIES THAT HAVE ADOPTED A CODE THAT EXCEEDS THE MINIMUM STANDARDS SET FORTH IN THE CODES; (C) A LIST OF ANY GOVERNING BODIES THAT THE BOARD BELIEVES TO NOT BE IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN SECTION PAGE 10-SENATE BILL 23-166 24-33.5-1237 (2)(a); (D) A LIST OF ANY GOVERNING BODIES THAT HAVE APPROVED MODIFICATIONS TO THE GOVERNING BODY'S CODE BY THE BOARD AND A DESCRIPTION OF THE APPROVED MODIFICATIONS; AND (E) A LIST OF ANY GOVERNING BODIES THAT HAVE APPLIED TO THE BOARD FOR A MODIFICATION TO THE GOVERNING BODY'S CODE, A DESCRIPTION OF EACH PROPOSED MODIFICATION, AND THE STATUS OF THE APPEAL. (7) Gifts, grants, and donations. THE BOARD MAY SEEK, ACCEPT, AND EXPEND GIFTS, GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE PURPOSES OF THIS SECTION AND SECTION 24-33.5-1237. THE BOARD SHALL TRANSMIT ALL MONEY RECEIVED THROUGH GIFTS, GRANTS, OR DONATIONS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY TO THE WILDFIRE RESILIENCY CODE BOARD CASH FUND CREATED IN SUBSECTION (8) OF THIS SECTION. (8) Wildfire resiliency code board cash fund. (a) THE WILDFIRE RESILIENCY CODE BOARD CASH FUND, REFERRED TO IN THIS SUBSECTION (8) AS THE "FUND", IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (8)(d) OF THIS SECTION, MONEY CREDITED TO THE FUND PURSUANT TO THIS SECTION, MONEY CREDITED TO THE FUND PURSUANT TO SECTION 24-33.5-1237 (2)(d), AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. (b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. (C) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR THE IMPLEMENTATION OF THIS SECTION AND OF SECTION 24-33.5-1237. (d) ON JULY 1, 2023, THE STATE TREASURER SHALL TRANSFER TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE GENERAL FUND TO THE FUND. PAGE 11-SENATE BILL 23-166 (9) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "GOVERNING BODY" HAS THE SAME MEANING AS SET FORTH IN SECTION 24-33.5-1237 (1)(d). 24-33.5-1237. Application of wildfire resiliency codes - enforcement - definitions. (1) As USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "BOARD" MEANS THE WILDFIRE RESILIENCY CODE BOARD CREATED IN SECTION 24-33.5-1236 (2). (b) "CODES" MEANS THE MINIMUM CODES AND STANDARDS ADOPTED BY THE BOARD PURSUANT TO SECTION 24-33.5-1236 (4)(b)(II). (c) "CODE BOARD CASH FUND" MEANS THE WILDFIRE RESILIENCY CODE BOARD CASH FUND CREATED IN SECTION 24-33.5-1236 (8). (d) "GOVERNING BODY" MEANS: (I) THE CITY COUNCIL, TOWN COUNCIL, BOARD OF TRUSTEES, OR OTHER GOVERNING BODY OF A CITY, TOWN, OR CITY AND COUNTY; (II) THE BOARD OF DIRECTORS OF A FIRE PROTECTION DISTRICT ORGANIZED PURSUANT TO PART 1 OF ARTICLE 1 OF TITLE 32; (III) THE GOVERNING BODY OF AN IMPROVEMENT DISTRICT THAT PROVIDES FIRE PROTECTION SERVICES ORGANIZED PURSUANT TO PART 5 OF ARTICLE 20 OF TITLE 30; OR (IV) THE BOARD OF COUNTY COMMISSIONERS WITH RESPECT TO THE AREA WITHIN A COUNTY THAT IS OUTSIDE THE CORPORATE LIMITS OF A CITY OR TOWN AND OUTSIDE THE BOUNDARIES OF A FIRE PROTECTION DISTRICT. (e) "WILDLAND-URBAN INTERFACE" HAS THE SAME MEANING AS SET FORTH BY THE BOARD IN ITS RULES PURSUANT TO SECTION 24-33.5-1236 (4)(b)(I). (2) (a) A GOVERNING BODY WITH JURISDICTION IN AN AREA WITHIN THE WILDLAND-URBAN INTERFACE THAT HAS THE AUTHORITY TO ADOPT BUILDING CODES OR FIRE CODES SHALL ADOPT A CODE THAT MEETS OR PAGE 12-SENATE BILL 23-166 EXCEEDS THE MINIMUM STANDARDS SET FORTH IN THE CODES WITHIN THREE MONTHS OF THE BOARD ADOPTING THE CODES IN ACCORDANCE WITH SECTION 24-33.5-1236 (4)(b)(II)(D). (b) ENFORCEMENT OF A CODE ADOPTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION SHALL BE IN ACCORDANCE WITH THE RULES AND REGULATIONS FOR CODE ENFORCEMENT BY THE GOVERNING BODY. THE PERIOD TO COMPLY WITH AN ADOPTED CODE SHALL BE IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE GOVERNING BODY OR WITHIN THREE MONTHS OF THE DATE THE CODE IS ADOPTED BY THE GOVERNING BODY, WHICHEVER IS SOONER. (C) THE BOARD MAY REVIEW A GOVERNING BODY'S CODES ADOPTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION AND A GOVERNING BODY'S APPLICATION OF THE ADOPTED CODES TO DETERMINE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. GOVERNING BODIES SHALL COOPERATE WITH THE BOARD AND BE RESPONSIVE TO ANY REQUESTS FOR INFORMATION FROM THE BOARD MADE PURSUANT TO THE BOARD'S REVIEW SET FORTH IN THIS SUBSECTION (2)(c). (d) NOTWITHSTANDING SUBSECTION (2)(b) OF THIS SECTION, IF A GOVERNING BODY DOES NOT HAVE RULES AND REGULATIONS IN PLACE FOR THE ENFORCEMENT OF A CODE ADOPTED PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE GOVERNING BODY MAY REQUEST SUPPORT FROM THE DIVISION IN CONDUCTING INSPECTIONS AND ENFORCING THE CODE PURSUANT TO THE DIVISION'S PROCEDURES SET FORTH IN SECTION 24-33.5-1213; EXCEPT THAT ANY CIVIL PENALTY COLLECTED PURSUANT TO SECTION 24-33.5-1213 (4) SHALL BE DEPOSITED IN THE CODE BOARD CASH FUND. THE DIVISION MAY CHARGE A REASONABLE FEE TO THE PROPERTY OWNER FOR CONDUCTING INSPECTIONS AND ENFORCING THE CODE, AND MONEY FROM THE FEE SHALL BE DEPOSITED IN THE CODE BOARD CASH FUND. (3) A GOVERNING BODY MAY PETITION THE BOARD FOR A MODIFICATION OF THE CODES WITHIN ITS JURISDICTION IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE BOARD PURSUANT TO SECTION 24-33.5-1236 (4)(b)(IV). IF THE BOARD GRANTS THE PETITION FOR MODIFICATION, THE MODIFICATION APPLIES ONLY WITHIN THE JURISDICTION THAT IS GRANTED THE MODIFICATION. THE ORDER GRANTING THE PETITION FOR MODIFICATION MUST SPECIFY A DATE ON WHICH THE MODIFICATION EXPIRES, AND THE GOVERNING BODY MUST PETITION THE BOARD BEFORE THE PAGE 13-SENATE BILL 23-166 EXPIRATION DATE TO KEEP THE MODIFICATION IN EFFECT, OR THE BOARD AT ITS DISCRETION AND THROUGH ITS OWN ACTION MAY EXTEND THE MODIFICATION AND SPECIFY A NEW EXPIRATION DATE. A GOVERNING BODY MAY APPEAL A DENIAL OF A PETITION TO THE BOARD IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE BOARD PURSUANT TO SECTION 24-33.5-1236 (4)(b)(V). (4) THE PUBLIC UTILITIES COMMISSION CREATED IN SECTION 40-2-101 SHALL CONSIDER APPLICATION OF THE CODES WHEN CARRYING OUT THE PUBLIC UTILITIES LAW; CARRYING OUT AND IMPLEMENTING ITS POLICIES, PROCEDURES, AND DECISIONS; AND MEETING ANY REQUIREMENTS UNDER ITS JURISDICTION. SECTION 2. In Colorado Revised Statutes, 24-75-402, amend (5)(yy) and (5)(zz); and add (5)(ccc) as follows: 24-75-402. Cash funds - limit on uncommitted reserves - reduction in the amount of fees - exclusions - definitions. (5) Notwithstanding any provision of this section to the contrary, the following cash funds are excluded from the limitations specified in this section: (yy) The disability support fund created in section 24-30-2205.5 (1); and (zz) The responsible gaming grant program cash fund created in section 44-30-1702 (8); AND (CCC) THE WILDFIRE RESILIENCY CODE BOARD CASH FUND CREATED IN SECTION 24-33.5-1236 (8). SECTION 3. Appropriation. (1) For the 2023-24 state fiscal year, $9,302 is appropriated to the wildfire resiliency code board cash fund created in section 24-33.5-1236 (8)(a), C.R.S. This appropriation is from the general fund. The department of public safety is responsible for the accounting related to this appropriation. (2) For the 2023-24 state fiscal year, $9,302 is appropriated to the department ofpublic safety. This appropriation is from reappropriated funds in the wildfire resiliency code board cash fund under subsection (1) of this PAGE 14-SENATE BILL 23-166 section. To implement this act, the department may use this appropriation as follows: (a) $1,589 for use by the division of fire prevention and control for the wildfire resiliency code board; and (b) $7,713 for use by the executive director's office for vehicle lease payments. (3) For the 2023-24 state fiscal year, $250,000 is appropriated to the department of public safety for use by the division of fire prevention and control. This appropriation is from the wildfire resiliency code board cash fund created in section 24-33.5-1236 (8)(a), C.R.S., and is based on an assumption that the division will require an additional 2.0 FTE. To implement this act, the division may use this appropriation for the wildfire resiliency code board. SECTION 4. Safety clause. The general assembly hereby finds, PAGE 15-SENATE BILL 23-166 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety. Steve Fenberg PRESIDENT OF THE SENATE (4e_Zet:c31._Thcacev-E-E0 Cindi L. Markwell SECRETARY OF THE SENATE APPROVED riid Julie McCl le SPEAKER OF THE HOUSE OF REPRESENTATIVES bin Jones CHIEF CLERK OF T E HOUSE OF REPRESENTATIVES IA cfrd M4''', 2013 cd- 9: qs 0 ...,_ (Date and Time) Jared S GO OR OF TH TE OF COLORADO PAGE 16-SENATE BILL 23-166 RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 100 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO COLORADO Wildfire Resiliency Code Board 2025 Colorado Wildfire Resiliency Code COPS 01 June 2025 COLORADO Department of Public Safety COLORADO Division of Fire Prevention & Control Department of Public Salety CWRC Version 1.0 RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 101 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO ATTRIBUTIONS ALL RIGHTS RESERVED. This material contains significant portions from the 2024 International Wildland Interface Code ("2024 IWUIC"), which is a registered copyrighted work owned by the International Code Council, Inc. (the "ICC"). The 2024 IWUIC, and any and all portions thereof, have been obtained and reproduced herein with permission. The "International Code Council", "International Wildland Interface Code", the acronyms "ICC" and "IWUIC", and the ICC logogram are registered trademarks and service marks of ICC. Use of these marks or the 2024 IWUIC without advance written permission from the ICC is prohibited. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 102 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO Table of Contents Chapter 1 - Scope and Administration. PART 1 GENERAL PROVISIONS. SECTION 101 SCOPE AND GENERAL REQUIREMENTS. SECTION 102—APPLICABILITY PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103-CODE COMPLIANCE AGENCY. SECTION 104-DUTIES AND POWERS OF THE CODE OFFICIAL. SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS..... SECTION 106-FEES.. 4 4 4 6 8 8 8 12 13 SECTION 107-STOP WORK ORDER..13 SECTION 108 - CONSTRUCTION DOCUMENTS.13 Chapter 2 - Definitions..........14 SECTION 201 GENERAL.14 SECTION 202 DEFINITIONS 14 Chapter 3 - Wildfire Hazard Identification.18 SECTION 301 GENERAL..18 SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS....18 SECTION 303 MAPPING AND APPLICABILITY..18 SECTION 304 GROUND-TRUTHING.20 Chapter 4- Structure Hardening.22 SECTION 401 GENERAL.22 SECTION 402 BUILDING MATERIAL SECTION 403 STRUCTURE HARDENING. Chapter 5- Site and Area Requirements. SECTION 501 GENERAL. SECTION 502 REQUIREMENTS. 22 24 28 28 .28 RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 103 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO Chapter 1 - Scope and Administration PART 1 GENERAL PROVISIONS SECTION 101 SCOPE AND GENERAL REQUIREMENTS The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Colorado Wildfire Resiliency Code as adopted by Larimer County, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises that contain occupiable and/or habitable space, or change in use resulting in an occupiable and/or habitable space, unless excepted, within the wildland-urban interface areas of Colorado, as designated in this code. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Factory-built structures (nonresidential, residential, and tiny homes). Structure hardening provisions of this code for factory-built structures as defined by sections 24-32-3302(9), (10), (11), and (35), C.R.S., are in accordance with Rules adopted by the Division of Housing in 8 CCR 1302-1, Rule 2 Codes and Standards. 101.2.3 HUD code homes. Homes built to the Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards are exempt from structure hardening requirements on their first installation. Homes built to the HUD Manufactured Home Construction and Safety Standards which are moved into an applicable Wildfire Resiliency code area are subject to the provisions of this code as required by the authority having jurisdiction. 101.3 Purpose. The purpose of this code is to establish minimum regulations for the safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. This code shall supplement the jurisdiction's building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire- and life-safety hazards of the RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 104 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO wildland-urban interface areas. 101.4 Retroactivity. The provisions of the code shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code and conditions that, in the opinion of the code official, constitute a distinct hazard to life oror property. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. 101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that, when the work increases the footprint of the existing structure by 500 square feet or greater, the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 101.6 Roof coverings. The roof covering on buildings or structures in existence prior to adoption of this code that are replaced or have 25 percent or more of the surface area of the roof replaced, or where work to reconstruct, alter, or repair the roof covering effectively replaces such material, shall require the entirety of the roof covering to be replaced with a roof covering required for new construction specified in Sections 403.2 through 403.2.2. Exception: Existing roof coverings that are compliant with Section 403.2. 101.7 Exterior walls. The exterior walls of building or structures in existence prior to adoption of this code where 25 percent or more of the total exterior wall surface area is replaced, or where work to reconstruct, alter or repair the exterior walls effectively replaces the exterior wall material, shall require the entirety of the exterior wall surface area, including attachments, to be replaced with materials required for new construction specified in Section 404.3 through 404.3.2 and the immediate zone within 5 feet of the structure shall be made to comply with Section 503.1. Exception: Existing exterior walls that are compliant with Section 404.3. 101.8 Maintenance. Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in conformance to the code edition under which installed. The owner or the owner's authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation. SECTION 102-APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code, or any other adopted code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 105 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code are listed throughout this code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Сonflicts. Where conflicts occur between provisions of this code and the referenced codes and standards, the provisions of this code shall govern. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. 102.5 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or policies adopted by the authority having jurisdiction, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official's jurisdiction or responsibility. 102.6 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety and general welfare. 102.7 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the International Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 102.9 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 106 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 102.9.1 Historic preservation exemption. The authority having jurisdiction may establish a historic preservation exemption or exemptions in their jurisdiction that consists of the spirit and intent of this code. 102.10 Work exempt from permit under this code. Exemptions from code requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and Miscellaneous Group U (including Agricultural Structures) located more than 50 feet from a structure containing occupiable or habitable spасе. 9. Fences located more than 8 feet from a habitable structure. 10. Any thirty five acre parcel with only one residential structure on it that does not abut a residential or commercial area. PART 2-ADMINISTRATION AND ENFORCEMENT SECTION 103-СОODE COMPLIANCE AGENCY The following section is hereby amended to read as follows: 103.1 Creation of agency. The Building Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104-DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 107 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code. 104.2.1 Тechnical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report. 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction. 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations. 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. to 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.2.2 through 104.2.2.7, as applicable. 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 104.2.2.3 Сompliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 108 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. 104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.2.6.1 and 104.2.2.6.2. 104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official's recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official. 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.2.7 РPeer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official. 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement agency. 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.4 Access to Property. For the purpose of inspecting and enforcing the provisions of this code and the terms and conditions of any permit issued under this code, the code official is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with this code and to evaluate conditions relative to the permit application. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 109 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 104.4.1 Authorization. The owner or occupant of the property having a permit under this code shall allow the code official access to the property to perform the required inspections. If access is denied, the code official shall apply to the Court with jurisdiction to seek authority to access the property. 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. 104.7.1 Аpprovals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 104.7.3 Соde alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5. 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 106. 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order and approved. 104.10 Other agencies. When requested to do so by the code official, other officials of this RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 110 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO jurisdiction shall assist and cooperate with the code official in the discharge of the duties required by this code. SECTION 105—TEMPORARY USES, EQUIPMENT AND SYSTEMS 105.1 General. The code official is authorized to issue a permit for temporary uses, equipment and systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause. 105.2 Conformance. Temporary uses, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare. 105.3 Temporary service utilities. The code official is authorized to give permission to temporarily supply service utilities. 105.4 Termination of approval. The code official is authorized to terminate such permit for temporary uses, equipment and systems and to order the same to be discontinued. SECTION 106—FEES The following section is hereby amended to read as follows: 106.1 General. An AIIJ has the authority to establish fees. Fees shall be in accordance with the fee schedule adopted by Larimer County. SECTION 107—STOP WORK ORDER 107.1 Authority. Where the code official finds any work regulated by this code being performed in manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. a 107.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 107.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 107.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. The following section is hereby added to read in its entirety as follows: SECTION 108 - CONSTRUCTION DOCUMENTS 108.1 Site plan. In addition to the requirements for plans in the International Building Code, International Existing Building Code, and International Residential Code, site plans shall include topography, landscape and vegetation details, and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. 108.2 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 111 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. 108.3 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire-resistive vegetation. SECTION 201 GENERAL Chapter 2 - Definitions 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies. SECTION 202 DEFINITIONS ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. APPROVED. Acceptable to the code official. The following definition is hereby added to read as follows: AUTHORITY HAVING JURISDICTION (AHJ). The governmental agency, fire protection district or other entity charged with adopting, interpreting and administering this code. BUILDING. Any structure intended for supporting or sheltering any occupancy. CLASS A TESTS. Class A Tests are applicable to roof coverings that are expected to be effective against severe fire exposure, afford a high degree of fire protection to the roof deck, do not slip from position, and are not expected to present a flying brand hazard. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official's authorized representative. DEFENSIBLE SPACE. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 112 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO advancing wildfire and to create an area for fire suppression operations to occur. EMBELLISHMENTS. Elements incorporated in design and construction for ornamental or decorative purpose that are not integral to the structure or structural support. FIRE INTENSITY CLASSIFICATION. The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. FIRE-RETARDANT-TREATED WOOD. Fire-retardant-treated wood is any wood product that, when impregnated with chemicals by a pressure process or other means during manufacture, shall have, when tested in accordance with ASTM E84 or UL 723, a listed flame spread index of 25 or less. The ASTM E84 or UL723 test shall be continued for an additional 20-minute period and the flame front shall not progress more than 10.5 feet beyond the centerline of the burners at any time during the test. FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E84. FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of nonfire- resistive vegetation or altering the type of vegetation to reduce the fuel load. HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. HEAVY TIMBER CONSTRUCTION. As described in Section 602.4 of the 2024 International Building Code. HOME IGNITION ZONE. Home Ignition Zone is the home and the area around the home (or structure). The HIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames. IGNITION-RESISTANT VEGETATION. Plants that are less likely to readily ignite from a flame or other ignition source and produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is not less than 6 inches. Log wall construction shall follow requirements of ICC 400. MULTILAYERED GLAZED PANELS. Window or door assemblies that consist of two or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed. NONCOMBUSTIBLE. As applied to building construction material means a material that, in the RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 113 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. 2.Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 3. For the purposes of this code, fire-rated gypsum board tested in accordance with ASTM C1396 with no less than a 1-hour fire-resistance-rating with fire exposure from the outside only is considered a noncombustible material. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes or in which occupants are engaged at labor. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SLOPE. The variation of terrain from the horizontal; the number of feet rise or fall per 100 feet measured horizontally, expressed as a percentage. STRUCTURE. That which is built or constructed. STRUCTURE IGNITION ZONE. Structure Ignition Zone is the structure and the area around the structure (or home). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. TREE CROWN. The primary and secondary branches growing out from the main stem, together with twigs and foliage. WILDLAND-URBAN INTERFACE. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 114 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO SECTION 301 GENERAL Chapter 3 - Wildfire Hazard Identification 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the findings of fact to be regulated by this code. 301.2 Objective. The objective of this chapter is to provide simple baseline criteria for determining wildland-urban interface areas based on the wildfire hazard. SECTION 302 WILDLAND-URBAN INTERFACE AREA DESIGNATIONS The following section is hereby amended to read as follows: 302.1 Declaration. The AIJ shall declare the wildland urban interface areas within the jurisdiction- as defined by this code. The wildland urban interface areas shall be based on the findings of fact. Because of the history of and potential for large, destructive wildland fires, all of unincorporated Larimer County is deemed a wildland-urban interface area. Structures and parcels shall be constructed and maintained in accordance with the provisions for structure hardening of Chapter 4 and site and area requirements of Chapter 5. SECTION 303 MAPPING AND APPLICABILITY 303.1 Mapping of Wildfire Hazard Areas. Wildfire Hazard shall be recorded on official maps. These maps identify areas subject to the provisions of this code and shall be available for public inspection through an accessible online platform and at designated local government offices. 303.1.1 Map. This map shall be based on a combination of factors including, but not limited to, vegetative fuels, topography, local weather patterns, and fire behavior modeling data. The following section is hereby amended to read as follows: 303.1.2 Locally Developed Mapping. The AHJ may develop and adopt local maps designating wildfire hazard and fire intensity elassifications-areas within its jurisdictional boundaries-in accordance with Sections 303.1 through 303.3. The following section is hereby deleted in its entirety: 303.2 Fire Intensity Classification. Fire Intensity Classification shall be identified on the map in accordance with Section 303.1. Fire Intensity Classification is determined by expected wildfire behavior, including flame length and suppression difficulty and is separated into three levels:- low, moderate, and high. The identified fire intensity classification establishes code requirements- for construction and mitigation. The following section is hereby deleted in its entirety: 303.2.1 Low Fire Intensity Classification. Low Fire Intensity Classification is identified in areas- with light to medium surface fuels, such as grasses, shrubs, and seattered low density vegetation. These fuels are often discontinuous, which limits flame propagation but ean sustain burning under moderate weather conditions. Fires in this class may occur on gentle to- moderate slopes, where topography begins to influence the rate of spread. Although flame lengths remain relatively small, typically less than two feet limited spotting may occur, especially with wind. Trained firefighters with protective equipment and standard hand tools can usually suppress RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 115 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO these fires through direet attack, particularly on slopes under 30 percent. Mechanized equipment is typically unnecessary Key Characteristics Include: 1. Fuels: Light to medium surface fuels, ineluding grasses, shrubs, and seattered vegetation- (e.g., WNL, USL fuel types). 2. Flame Length: Less than 2 feet 3. Rate of Spread: Low, increasing with slopes over 20 percent. 4. Spotting: Very short range spoting is possible under windy conditions. 5. Terrain Influence: More active fire behavior on moderate slopes (20 to 30 percent). 6. Suppression Difficulty: Easily suppressed by trained firefighters using basic protective gear and hand tools. Direct attack is effective, and mechanized support is rarely needed. The following section is hereby deleted in its entirety: 303.2.2 Moderate Fire Intensity Classification. Moderate Fire Intensity Classification is identified in areas with moderate to heavy fuel loads, such as dense shrubs, small trees, and accumulated ground fuels. Fires in this class present continuous horizontal and vertical fuel arrangements, allowing flames to reach up to 8 feet in length. Fire behavior is notably influenced by moderate to steep slopes, often accelerating the spread. Short range spotting becomes more common, complicating suppression efforts. Ground crews- typically require mechanized support, such as engines and dozers, to establish control lines. Aircraft assistance may be necessary, particularly in inaccessible terrain. There is a significant increase in the potential for property damage and risk to life, especially in wildland urban interface areas. Key Characteristies Inelude: 1. Fuels: Moderate to heavy fuels, including dense shrublands, small trees, timber litter, and- canopy fuels (e.g., USH, UIIH fuel types). 2. Flame Length: Up to 8 feet. 3. Rate of Spread: Moderate to high, increasing significantly on slopes over 30 percent. 4. Spotting: Short range spotting is common. 5. Terrain Influence: Steep slopes (30 percent or greater) increase fire spread and intensity. 6. Suppression Difficulty: Challenging for ground crews without support from engines,- dozers, or aircraft. Dozers and plows are generally effective on moderate terrain. The following section is hereby deleted in its entirety: 303.2.3 High Intensity. High Fire Intensity Classification is identified in areas with heavy, continuous fuel loads, such as dense forest canopies, thick understory growth, and heavy dead/downed material. Fires in this class frequently occur on steep slopes, often exceeding 40 percent, where topography dramatically increases the rate of spread and severity. Flame lengths- can exceed 30 feet, and both short and medium range spotting are common, particularly in windy conditions. Direet suppression by ground crews is typically ineffective, requiring indireet attack strategies, such as backburns and aerial retardant drops. Fires in this class pose extreme risk to life, property, and firefighter safety, especially in rugged or remote areas. Key Characteristies Include: 1. Fuels: Heavy fuels, including dense forests, urban core areas with heavy fuel loads, and canopy dominated regions (e.g., WNII, USIH, UCH fuel types). 2. Flame Length: Up to 30 feet or more. 3. Rate of Spread: Rapid, especially on slopes greater than 40 percent. 4. Spotting: Short range spotting is common; medium range spotting is possible under windy conditions. 5 Terrain Influence: Slopes over 40 percent amplify intensity and spread, creating- RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 116 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO dangerous conditions for suppression. 6. Suppression Difficulty: Direct attack by ground forces and dozers is generally- ineffective. Indirect strategies (backburning, aerial support) are often necessary. These fires present significant danger to life, property, and responder safety. The following section is hereby deleted in its entirety: 303.3 Applicability of Code Provisions. The requirements of this code shall apply to all parcels- located within designated Wildfire Hazard Areas and corresponding fire intensity classifications as identified on the official maps. The level of structure hardening, defensible space, and other mitigation measures required shall correspond to the applicable fire intensity classification Low, Moderate, or High as established by the board. Structures and parcels identified with low fire intensity classification shall be constructed and- maintained in accordance with the provisions for Class 1 structure hardening and site and area- requirements. Structures and parcels identified with moderate to high fire intensity classifications shall be- constructed and maintained in accordance with the provisions for Class 2 structure hardening and- site and area requirements. SECTION 304 GROUND-TRUTHING 304.1 Purpose. This section establishes a process for owners or the owners authorized representative to request a ground-truthing review of their property's Wildfire Hazard or fire intensity classification as identified on state or locally adopted maps. The intent is to provide an opportunity to verify that mapping accurately reflects current, site-specific conditions. The following section is hereby amended to read as follows: 304.2 Determination of Fire Intensity Classification Wildfire Hazard and Code Requirements. As determined by the code official, the fire intensity classification Wildfire Hazard Area and associated requirements shall be based on a review of the vegetative fuels on the parcel and within 300' of the parcel boundary, including but not limited to topography, local weather patterns and fire behavior modeling data.-and in accordance with the following fire intensity classifications: 304.2.1 Low Fire Intensity Classification in accordance with Section 303.2.t 304.2.2 Мoderate Fire Intensity Classification in accordance with Section 303.22 304.2.3 High Fire Intensity Classification in accordance with Section 303.2.3 This determination shall be made based on existing conditions or conditions that have been established by a development plan approved by the local jurisdiction. Technical documentation shall be submitted in support of such request by a qualified wildfire professional and in accordance with Section 104.2. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 117 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO SECTION 401 GENERAL Chapter 4 - Structure Hardening 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, nonhabitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet. SECTION 402 BUILDING MATERIAL 402.1 Building material. Building materials shall comply with any one of the requirements in Section 402.2 through 402.4. 402.2 Noncombustible material. Noncombustible material shall comply with the definition noncombustible materials in Section 202. 402.3 Fire-retardant-treated wood. Fire-retardant-treated wood shall be identified for exterior use and shall meet the requirements of Section 2303.2 of the 2024 International Building Code. 402.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch. The materials, when tested in accordance with the test procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 402.4.1 through 402.4.3.3. Materials or products which melt, drip or delaminate to the extent that the flame front is interrupted are not permitted. Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019-inch thickness or corrosion-resistant steel at a minimum 0.0149 inch thickness shall not be required to be tested with a ripped or cut longitudinal gap. 402.4.1 Flame spread. The material shall exhibit a flame spread index not exceeding 25. 402.4.2 Flame front. The material shall exhibit a flame front that does not progress more than 10 of RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 118 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO feet 6 inches beyond the centerline of the burner at any time during the test. 402.4.3 Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. The materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in Sections 402.4.3.1 through 402.4.3.3, as applicable to the materials and conditions of use. 402.4.3.1 Evaluation requirements for weathering. Fire-retardant-treated wood, wood-plastic composite materials and plastic lumber materials shall be evaluated after weathering in accordance with Method A "Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing" in ASTM D2898. 402.4.3.2 Wood-plastic composite materials. Wood-plastic composite materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D7032 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 402.4.3.3 Plastic lumber materials. Plastic lumber materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D6662 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. The following section is hereby amended to read as follows: SECTION 403 CLASS I STRUCTURE HARDENING 403.1 General. Elass-1 Structure hardening shall be in accordance with Sections 403.2 through 403.13 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface. having a low fire hazard severity. See also Sections 101.6-101.7. 403.2 Roofing. Roofs shall have a roof covering or roof assembly classified as Class A when tested in accordance with ASTM E108 or UL 790. 403.2.1 Flame and ember protection of roofs. For roof assemblies where the roof covering profile creates a space between the roof covering and roof deck, the space shall resist the entry of flames and embers by one or more of the following methods: 1. Firestopping with noncombustible material of the space between the roof covering and the roof deck. 2. Installation of one layer of cap sheet complying with ASTM D3909 over the combustible roof deck. 3. Installation of a listed Class A classified roof assembly. 403.2.2 Roof valley flashings. Valley flashings shall be not less than 0.019 inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36- inch-wide underlayment consisting of one layer of cap sheet complying with ASTM D3909 running the full length of the valley. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 119 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 403.4 Ventilation Openings. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be in accordance with Section 403.4.1 or Section 403.4.2 as applicable. 403.4.1 Performance Requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements: 1. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. 2. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test. 3. The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C). 403.4.2 Prescriptive Requirements. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed s-inch. SECTION 404 CLASS 2 STRUCTURE HARDENING The following section is hereby deleted in its entirety and the subsequent sections renumbered to read as follows: 404.1 General. Class 2 structure hardening shall be in accordance with Sections 404.2 through 404.10.1 as- well as the provisions of Class 1 structure hardening in Sections 403.2 403.4.2 and shall apply to buildings- and structures hereafter constructed, modified or relocated into or within areas of the wildland urban interface having a moderate or high fire hazard severity. 403.5 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire-resistance-rated construction, %-inch Type X drywall, 2-inch nominal dimension lumber, or 1 inch nominal fire-retardant-treated wood or 34 inch nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on the backside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire-resistance-rated construction, %-inch Type X drywall, or 2- inch nominal dimension lumber. 403.6 Exterior Walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 1. Exterior wall assemblies with a minimum of 1-hour fire-resistance rating, rated for exposure on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Noncombustible materials complying with Section 402.2 on the exterior side. 5. Fire-retardant treated wood complying with Section 402.3 on the exterior side. The fire- retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 6. Ignition-resistant materials complying with Section 402.4 on the exterior side. Such material shall extend from the top of the foundation to the underside of the eave or the underside of the roof sheathing. Exceptions: 1. Exterior wall embellishments and architectural trim (exclusive of trim on exterior windows and doors) not to exceed 5 percent of the square footage of the exterior wall. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 120 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 2. Roof or wall top cornice projections and similar assemblies. 3. Solid wood rafter tails and solid wood blocking installed between rafters having minimum dimension 2 inch nominal. The following section is hereby amended to read as follows: 403.6.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following: 1. Noncombustible materials. 2. Fire-retardant-treated wood. 3. Ignition-resistant building materials. Exception: Where options 1 or 2 in section 403.6 404.3 are used, vinyl siding may be used as an exterior covering. 403.6.2 Flashing. A minimum of 6 inches of metal flashing or noncombustible material applied vertically between the wall sheathing and the exterior cladding shall be installed at the ground, decking, and roof intersections. Combustible sheathing products exposed by the gap created at the base of the exterior walls, posts, or columns must be protected with noncombustible material or ignition-resistant building materials while still permitting drainage and moisture control from behind exterior cladding. The following section is hereby amended to read as follows: 403.7 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground or comply with exterior walls in accordance with Section 403.6 404.3. 403.8 Decking. Unenclosed decks shall have the deck walking surface constructed of one of the following: 1. Approved noncombustible materials 2. Class A rated material Exception: Composite decking material with a minimum of Class B rating 3. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code 4. Ignition-resistant building materials in accordance with Section 402.4. The following section is hereby amended to read as follows: 403.9 Appendages and Projections. Appendages and projections shall be constructed in accordance with Section 403.6 4043. 403.10 Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes. The following section is hereby amended to read as follows: 403.11 Exterior Doors. Exterior doors shall be approved noncombustible construction, solid core wood not less than 1 34-inches thick, or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 403.10 404.7. Exception: Vehicle access doors. 403.12 Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding ½ inch as approved by the AНЈ. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 121 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO Gaps between doors and door openings shall be controlled by one of the following methods: 1. Weather-stripping products made of materials that: (a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, when the maximum allowable difference in tensile strength values between exposed and non-exposed samples does not exceed 10 percent; and (b) exhibit a V-2 or better flammability rating when tested to UL 94 (Standards for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances). 2. Door overlaps onto jambs and headers. 3. Garage door jambs and headers covered with metal flashing. The following section is hereby amended to read as follows: 403.13 Detached Accessory Structures. Detached accessory structures located less than 50 feet from a building containing habitable or occupiable space shall have exterior walls constructed in accordance with Sections 403.6 through 403.6.2 404.3 through 404.3.2. The following section is hereby amended to read as follows: 403.13.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 403.6 404.3 or underfloor protection in accordance with Section 403.7 404.4 or with 1s-inch metal corrosion-resistant screen with a hardened zone within 5 feet. Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire- resistance-rated construction, heavy timber construction, noncombustible materials on the exterior side, or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 122 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO Chapter 5 - Site and Area Requirements SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall apply to parcels subject to this code. 501.2 Reference. As needed, the code official shall refer to the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service. Where conflicts occur between provisions of this code and the HIZ Guide, the provisions of this code shall govern. The provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. The following section is hereby amended to read as follows: SECTION 502 CLASS 4 REQUIREMENTS 502.1 Structure Ignition Zone 1 (0-5 feet): Immediate Zone 502.1.1 Objective. This zone is designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments. The following section is hereby amended to read as follows: 502.1.2 Materials. Use noncombustible, hard surface materials in this zone, such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. Exception: Ignition resistant plantings, per an approved list by the AIJ that is not less than that created by the Colorado State Forest Service, are allowed in the Immediate Zone. The following section is hereby amended to read as follows: 502.1.3 Plantings. Remove all plantings including shrubs, slash, combustible mulch and other woody debris, with the exception of ignition resistant vegetation. 502.1.4 Trees. There shall be no planting of new trees in the immediate zone. Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. The following section is hereby amended to read in its entirety as follows: 502.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 502.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. 502.2.2 Dead Materials. Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Intermediate Zone. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 123 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO 502.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 502.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 502.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. The following section is hereby amended to read in its entirety as follows: 502.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 502.3.1 Objective. This zone focuses on mitigation that keeps fire on the ground. 502.3.1.1 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6-10 feet. The following section is hereby renumbered to read in its entirety as follows: 502.24 Site Signage 502.24.1 Marking of roads. Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof. 502.24.2 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction. 502.24.3 Address markers. Buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located in a manner approved by the code official. The following section is hereby renumbered to read in its entirety as follows: 502.35 Retaining Walls 502.35.1 Retaining Walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: 1. The retaining wall is within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure. 2. The retaining wall is integral to the support of a structure regulated by this code. 3. The retaining wall is integral to the egress from a structure regulated by this code to a public way, easement, or private road. The following section is hereby renumbered to read in its entirety as follows: 502.46 Fencing 502.46.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure shall be constructed with noncombustible or ignition-resistant materials. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 124 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO Exception: Vinyl fencing.-Vinyl fencing may be allowed. The fellowing section is hereby deleted in its entirety: SECTION 503 CLASS 2 REQUIREMENTS 503.1 General. Class 2 site and area requirements shall be in accordance with Sections 503.2 through 503.3.2 and include all requirements of Class 1 in Sections 502.1 through 502.4. 503.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 503.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures. 503.2.2 Dead Materials. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. 503.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches. slash and combustible mulch 503.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain- a minimum clearance of 10 feet. Prune tree branches to a height of 6 10 feet from the ground or a third of the total height of the tree, whichever is less. 503.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 503.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs- shall be at least 10 feet away from the edge of tree branches. -503.3 Structure Ignition Zone 3 (30–100 feet) Expanded Zone 503.3.1 Objective. This zone focuses on mitigation that keeps fire on the ground. 503.3.2 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6 10 feet. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 125 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO The following appendix is hereby deleted in its entirety: Appendix A: PERMITS A101.1 General. Where not otherwise provided in the requirements of the International Building Code or International Fire Code, permits are required in accordance with Sections A101.2 through- A1019 A101.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this- code shall not be erected, constructed, altered, repaired, moved, converted, changed, or changed in- use or occupaney unless a separate permit for each building or structure has first been obtained from the code official. For buildings or structures erected for temporary uses, see Section 105. A101.3 Permit application. To obtain a permit, the applicant shall first file an application therefor- in writing on a form furnished by the code enforcement ageney for that purpose. Every such- application shall: 1.Identify and describe the work, activity, operation, practice or function to be covered by the- permit for which application is made. 2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, operation, practice or function. 3. Indicate the use or occupancey for which the proposed work, activity, operation, practice or- function is intended 4. Вe accompanied by plans, diagrams, computation and specifications and other data as- required in Appendix В. 5 State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building 6. Be signed by the applicant or the applicant's authorized agent. 7. Give such other data and information as required by the code official. A101.3.1 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be- used A101.3.2 Time limitation of application. An application for a permit for any proposed work shall- be deemed to have been abandoned 180 days after the date of filing, unless such application has- been pursued in good faith or a permit has been issued; except that the code official is authorized to- grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A101.4 Permit approval. Before a permit is issued, the code official, or an authorized representative, shall review and approve permitted uses, occupancies or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned. A101.5 Permit issuance. The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the work described- in an application for a permit and the plan, specifications and other data filed therewith conform to- the requirements of this code, the code official is allowed to issue a permit to the applicant. When the code official issues the permit, the code official shall endorse in writing or stamp the- RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 126 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO plans and specifications APPROVED. Such approved plans and specifications shall not be changed,- modified or altered without authorization from the code official, and work regulated by this code- shall be done in accordance with the approved plans. A101.5.1 Refusal to issue a permit. Where the application or construction documents do not- conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefor. A101.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits- presuming to give authority to violate or conceal the provisions of this code or other ordinances of the jurisdiction shall not be valid. A101.7 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the building, use or work authorized by such permit is not commenced within 180 days from the date of such permit,or if the building, use or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit where the permittee is unable to commence- work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on- written request by the permittee showing that cireumstances beyond the control of the permittee- have prevented action from being taken. Permits shall not be extended more than once. A101.8 Retention of permits. Permits shall at all times be kept on the premises designated therein- and shall at all times be subject to inspection by the code official or other authorized representative. A101.9 Revocation of permits. Permits issued under this code can be suspended or revoked where- it is determined by the code official that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which the permit was issued. 3. Any of the conditions or limitations set forth in the permit have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served on- him or her under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made. 6. The permit is issued in error or in violation of any other ordinance, regulations or provisions- of this code. The code official is allowed to, in writing, suspend or revoke a permit issued under the provisions- of this code whenever the permit is issued in error or on the basis of incorrect information supplied,- or in violation of any ordinance or regulation or any of the provisions of this code. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 127 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO The following appendix is hereby deleted in its entirety: Appendix B: CONSTRUCTION DOCUMENTS B101.1 General. Plans, engineering calculations, diagrams and other data shall be submitted in the format as required by the jurisdiction. The construction documents shall be prepared and submitted- where required by the statutes of the jurisdiction in which the project is to be constructed. Where- special conditions exist, the code official is authorized to require additional documentation. Exception: Submission of plans, calculations, construction inspection requirements and other data,- if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code: B101.2 Information on plans and specificntions. Plans and specifications shall be drawn to scale- on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and- extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations. B101.3 Site plan. In addition to the requirements for plans in the International Building Code, site plans shall include topography, landscape and vegetation details and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site- plan where the application for permit is for alteration or repair or where otherwise warranted. Identify the fire intensity classification. B101.3.1 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted- to the code official for review and approval as part of the site plans required for a permit. The code- official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. B101.5 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire resistive vegetation. B101.6 Retention of plans. One set of approved plans, specifications and computations shall be- retained by the code official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local Haws. B101.7 Examination of documents. The code official shall examine or cause to be examined the- accompanying construction documents and shall ascertain by such examinations whether the construction indicated and deseribed is in accordance with the requirements of this code and other- pertinent laws or ordinances. B101.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and changes made during construction that are not in compliance with the approved documents shall be resubmitted for approval as an amended set of construction documents. B101.9 Previous approvals. This code shall not require changes in the construction documents,- construction or designated occupaney of a structure for which a lawful permit has been heretofore- issued or otherwise lawfully authorized, and the construction of which has been pursued in good- faith within 180 days after the effective date of this code and has not been abandoned. B101.10 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the- RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 128 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO whole building or structure have been submitted, provided that adequate information and detailed- statements have been filed complying with pertinent requirements of this code. The holder of such- permit for the foundation or other parts of a building or structure shall proceed at the holder's own- risk with the building operation and without assurance that a permit for the entire structure will be granted. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 129 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO The following appendix is hereby deleted in its entirety: Appendix C: INSPECTION AND ENFORCEMENT C101.1 Inspection. Inspections shall be in accordance with Sections C101.1.1 through C101.1.4.3. C101.1.1 General. Construction or work for which a permit is required by this code shall be- subject to inspection by the code official and such construction or work shall remain visible and- able to be accessed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain visible and able to be- accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for- expense entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give- authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans. C101.1.2 Authority to inspect. The code official shall inspect, as often as necessary, buildings and- premises, ineluding such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to- cause fire or contribute to its spread, or any violation of the purpose of this code and of any other- law or standard affecting fire safety. C101.1.2.1 Approved inspection ngencies. The code official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. C101.1.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by- this code C101.1.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the- construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein- the same fails to comply with this code. Any portions that do not comply shall be corrected and- such portion shall not be covered or concealed until authorized by the code official. €101.1.3 Reinspections. To determine compliance with this code, the code official can cause a- structure to be reinspected. A fee can be assessed for each inspection or reinspection where work- for which inspection is called is not complete or where corrections called for are not made. Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating- from plans requiring the approval of the code official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule- adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. C101.1.4 Testing. Installations shall be tested as required in this code and in accordance with Sections C101.1.4.1 through C101.1.4.3. Tests shall be made by the permit holder or authorized RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 130 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO agent and observed by the code official. C101.1.41 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as- prescribed herein to disclose defects. С101.1.4.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent. C101.1.4.3 Reinspection and testing. Where any work or installation does not pass an initial test- or inspection, the necessary corrections shall be made so as to achieve compliance with this code.- The work or installation shall then be resubmitted to the code official for inspection and testing C101.2 Enforcement. Enforcement shall be in accordance with Sections C10121 and C10122 C101.2.1 Authorization to issue corrective orders and notices. Where the code official finds any- building or premises that are in violation of this code, the code official is authorized to issue corrective orders and notices C101.2.2 Service of orders and notices. Orders and notices authorized or required by this code shall be given or served on the owner, the owner's authorized agent, operator, occupant or other- person responsible for the condition or violation either by verbal notification, personal service, or- delivering the same to, and leaving it with, a person of suitable age and discretion on the premises:- or, if such person is not found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person's last known address. Orders or notices that are given verbally shall- be confirmed by service in writing as herein provided. C101.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections C101.3.1 through C101.3.8. C101.3.1 Ceneral compliance. Orders and notices issued or served as provided by this code shall- be complied with by the owner, the owner's authorized agent, operator, occupant or other person- responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner's authorized agent. C101.3.2 Compliance with tags. building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section C101.3+ €101.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code- official shall not be mutilated, destroyed or removed without authorization by the code official. C101.3.4 Citations. Persons operating or maintaining an occupaney or premises subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupaney, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor. C101.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are- otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or- health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to- be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to- RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 131 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO applicable state and local laws and codes. €101.3,5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The- report shall state the occupancy of the structure and the nature of the unsafe condition. €101.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner,- owner's authorized agent or person in control of the building, structure or premises, a written notice- that describes the condition deemed unsafe and specifies the required repairs or improvements to be- made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice- shall require the person thus notified, or their designee, to declare to the code official withina- stipulated time, acceptance or rejection of the terms of the order. С101.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods: 1. Delivered to the owner or the owner's authorized agent personally. 2. Sent by certified or registered mail addressed to the owner or the owner's authorized agent at the last known address with a return receipt requested. 3. Delivered in any other manner as prescribed by local law Where the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.- Service of such notice in the foregoing manner on the owner's authorized agent or on the person responsible for the structure shall constitute service of notice on the owner. C101.3.5.3 Placarding. Upon failure of the owner, the owner's authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "UNSAFE” and a statement- of the penalties provided for occupying the premises, operating the equipment or removing the placard. €101.3.5.3.1 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe condition and placarding action were based have been eliminated. Any person who defaces or removes an unsafe condition placard without the- approval of the code official shall be subject to the penalties provided by this code. С101.3.5.4 Abatement. The owner, the owner's authorized agent, operator or occupant of a building, structure or premises deemed unsafe by the code official shall abate, correct or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. €101.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and- property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code. €101.3.5.6 Evacuation. The code official shall be authorized to order the immediate evacuation of any occupied building, structure or premises deemed unsafe where such hazardous conditions exist- that present imminent danger to the occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or reenter until authorized to do so by the code official. С101.3.6 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate- proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupaney of the building or structure in violation of the provisions- of this code or of the order or direction made pursuant thereto. RECEPTION #20250044132, 9/23/2025 1:33:28 PM, 132 of 132, Electronically Recorded Tina Harris, Clerk & Recorder, Larimer County, CO C101.3.7 Violation penalties. An AHJ has the authority to establish fees. C101.3.8 Abatement of violation. In addition to the imposition of the penalties herein described,- the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupaney of a structure on or about any premises.