HomeMy WebLinkAboutPACKET Town Board Study Session 2017-01-24Tuesday, January 24, 2017
TOWN BOARD 4:30 p.m. – 6:40 p.m.
STUDY SESSION Rooms 202/203
4:30 p.m. Update on Board Operations.
(Consultant Dallas Everhart)
5:00 p.m. Dinner.
5:15 p.m. Vacation Homes and Building Codes.
(Chief Building Official Birchfield)
6:00 p.m. Public Availability of Town Board E-mails.
(Town Administrator Lancaster)
6:20 p.m. Trustee & Administrator Comments & Questions.
6:30 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:40 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:15 p.m.
AGENDA
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Jirsa
Board of Trustees
Town Administrator Lancaster
From: Will Birchfield, Chief Building Official
Date: January 24, 2017
RE: Vacation Homes & Building Codes
______________________________________________________________________
Objective:
Receive direction from elected officials regarding how the 2015 International Building
Codes should be applied to existing and future dwellings, vacations homes, and hotels.
Present Situation:
The Town Trustees approved adoption of the 2015 International Building Codes, effective
June 1, 2016, as recommended by the Estes Park Board of Appeals. The Board of
Appeals recommend maintaining the previous local amendment to the International
Residential Code to exempt one- and two-family dwellings from automatic fire sprinkler
requirements. The Board of Appeals recommendation included revisiting sprinkler
requirements and Vacation Home requirements after the Task Force on vacation homes
made its recommendations. Since then, the Board of Appeals has facilitated two public
meetings, and believes these issues have risen to the level where the Board of Appeals
requests direction from the elected officials prior to proceeding with the discussion.
The Town Trustees approved a text amendment to the Estes Valley Development Code
allowing homes (dwellings) to be used as nightly rentals (vacation homes) with the
occupant load limited only by the number of bedrooms, provided other requirements (e.g.,
Planning Commission review) are met. Previously, vacation homes were limited to a
maximum of eight people.
The International Building Codes, as a group of codes, regulate buildings based on how
they are used. They regulate dwellings occupied for more than thirty (30) days differently
than dwellings occupied for thirty (30) days or less (e.g. vacation homes). They do not
have provisions to regulate by zone district or land use in general.
The combination of exempting one- and two-family dwellings from fire sprinkler
requirements and allowing the same dwellings to be used as nightly accommodations has
resulted in a conflict between the International Residential Code and the International
Building Code. Consistency in applying the building codes is essential.
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It is anticipated that Larimer County will want to be consistent with the Town on any
applicable code provisions for vacation homes in unincorporated Estes Valley. County
officials remain in close communication with Town staff on this issue.
ACTION RECOMMENDED:
The Board of Appeals and the Chief Building Official are requesting direction from the
Trustees regarding how the Trustees want the building codes to regulate dwellings,
dwellings used as hotels (vacation homes), and hotels. Once direction is received, the
Board of Appeals will facilitate public meetings and make recommendations to amend the
building codes to accomplish the goals of the Trustees.
Budget:
None.
Level of Public Interest:
High: The stakeholders that are knowledgeable of how the building codes are applied
are very interested. The public, in most cases, may not be aware of the complexities of
the building codes and of the current conflicts and inequities associated with vacation
homes.
Written public comments concerning this issue are available at
www.estes.org/BoardOfAppeals. Comments will be added to this webpage as they are
received.
Attachments:
Vacation Homes, an Official Interpretation of the 2015 International Building Codes by the
Chief Building Official 2017-01-24 and Vacation Homes background information for the
study session presentation.
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VACATION HOMES
AN OFFICIAL INTERPRETATION
OF THE 2015 INTERNATIONAL BUILDING CODES
BY THE CHIEF BUILDING OFFICIAL 2017-01-24
This document is the official interpretation of the Chief Building Official for the Town of Estes
Park. This interpretation has no authority within the unincorporated areas of the Estes Valley.
This document addresses the requirements of the International Building Codes as currently
amended and adopted by the Town of Estes Park. The purpose of this document is to facilitate
the discussion of the numerous and complex issues associated with dwellings typically regulated
by the 2015 International Residential Code (IRC) and which are used as vacation homes.
1. To be consistent with the Estes Valley Development Code (EVDC), this document uses the
term “vacation home” to describe dwellings which are used for short term rentals, not to exceed
30 days (nightly accommodations). In the International Building Codes this use is classified as a
hotel, not as a dwelling/home. The International Building Codes, including the International
Residential Code (IRC), do not specifically address zone districts or most other land-use issues
contained within the EVDC. Overlay hazard zones such as wildfire areas, floodplains, etc. are
the exception; because, the philosophy of the International Building Codes is to identify known
hazards and to mitigate them through compliance with code requirements. This is primarily
accomplished by classifying the use(s) of buildings and regulating them by the known hazards
associated with the specific use(s). The previous maximum allowed occupant load of eight, for
vacation homes, was a limitation in the EVDC and is not a provision in any of the building
codes. In fact, the term “vacation home” is not in the building codes. The fact that the EVDC
allows buildings typically regulated by the IRC to be used as vacation homes does not
automatically exempt these buildings from requirements of the International Building Codes. If
a community wants to exempt or delete specific requirements in the codes, the community may
amend the codes to address local concerns, as long as the amendments do not violate Federal or
State regulations.
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2. The purpose of the International Building Codes, including the IRC, is public safety. The
fundamental philosophy of the building codes is: specific inherent hazards are associated with
specific uses and these hazards are mitigated by compliance with the requirements of the
building codes. There are two primary codes; the International Building Code (IBC) and the
International Residential Code (IRC). All secondary codes (plumbing, mechanical, gas, fire,
existing buildings, etc.,) are included by reference in the IBC and in part within the IRC. It is the
intent of the IRC to apply its provisions to specific buildings where people live (dwellings); that
is to say, the IRC applies to most, but not all dwellings. The IRC has less restrictive
requirements than the IBC because the codes recognize people are more familiar with the
buildings where they live and can therefore recognize and react to hazards more quickly than in
buildings less familiar to them.
The IRC does not direct the Building Official to classify buildings and portions of buildings by
their uses, as does the IBC. The IRC however does recognize different uses and has provisions
specific to different uses typically associated with dwellings. Section R110.2 of the IRC states
when there is a change in the character of how a building is used or in the use of a building
regulated by that code, the building is to be regulated by the International Existing Building
Code (IEBC). Using a dwelling as a vacation home (nightly accommodations) is a change in
how the building is used; therefore, it is regulated by the IEBC and not by the IRC. While the
EVDC does permit the use of a home as a nightly accommodation (with limitations), the building
codes identify this use as a hotel and regulate it differently than dwellings. Section 110.3 of the
IRC states when a building undergoes a change of use, the building official is required to inspect
the building and issue a Certificate of Occupancy for the new use only if no violations exist. It is
a requirement of the International Building Codes, for the building official to approve any and all
changes of use in buildings or portions of buildings. The approval process is accomplished
through permits, inspections and Certificates of Occupancy. A change of use permit,
inspection(s) and a Certificate of Occupancy are therefore required before a dwelling may legally
be used as a vacation home.
3. Unlike the IRC, the International Building Code (IBC) directs the Building Official to
officially classify each portion of a building based on use (how it is used). The use classification
is what determines many requirements in the building codes. The building codes do not concern
themselves with zone districts and most other land-use issues; they focus on how buildings are
used and regulate them based on their uses, to mitigate the inherent hazards associated with the
uses. This is why a code analysis is required when a building or a portion of a building
experiences a change in use. The purpose of a code analysis is to identify the new use(s) as
described in the IBC and to identify the code requirements intended to mitigate the known
hazards associated with the specific use(s).
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4. Using a dwelling as a vacation home constitutes a change in use. This is the case regardless
of the number of occupants. The use has changed from a dwelling to a hotel, whether it has an
occupant load of one, eight or more than eight. Since 2000 the EVDC has authorized the use of
homes (dwellings) as vacation homes for occupant loads up to, but no more than, eight and the
Town Clerk’s office has issued business licenses for these uses. Therefore, the past application
of the building codes has been to not require these buildings to be regulated by a change of use.
This was a very liberal application of the Uniform Building Code (UBC) prior to 2005 and the
IRC since then. When this policy was instituted, new homes were not regulated by a separate
code and were not required to be protected with automatic sprinkler systems. However, the
building code at the time did require 100% compliance with code requirements for the new use.
In this change of use, the new requirements were very extensive. In this application, the Chief
Building Official determined the spirit (intent) of the code was not consistent with the letter of
the code and the requirements at the time were unreasonable. A staff level policy was therefore
made to not require vacation homes to apply for a change of use permit.
5. Since the above policy was initiated, the codes have made it easier for dwellings to comply
with the requirements for a change in use (International Existing Building Code-IEBC) and have
increased requirements for automatic sprinkler systems. Elected officials for the Town of Estes
Park have exempted one- and two-family dwellings from automatic sprinkler requirements
contained in the IRC. Since the 2009 edition, the IRC has required all newly constructed
dwellings to be protected with automatic sprinkler systems, regardless of size or occupant load.
Elected officials for the Town of Estes Park have chosen to amend this requirement out of the
code for one- and two-family dwellings. Sprinkler systems are currently required for all new
buildings containing more than two dwelling units; but, one- and two-family dwellings are
currently exempted from sprinkler requirements by local amendment.
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6. Deleting the requirement for automatic sprinkler systems in new homes and duplexes from
the IRC has made these buildings less safe. Also, because occupants of nightly accommodations
are transient (not more than 30 days), they are less familiar with their built environment, making
them less safe during emergencies such as fires. Increasing the number of occupants in a
building also increases the life-safety hazard to the building occupants. All three of these
hazards (no sprinklers, transient use and increased occupants) are hazards which are documented
in reports regarding loss of life and property damage in residential buildings, published by the
National Fire Protection Association (NFPA) and others. While the decision to require or to not
require automatic sprinkler systems in newly constructed homes and what uses should be
allowed within these homes must be determined by the community, it is the opinion of the Chief
Building Official that two very large decisions reducing the life safety of occupants have already
been made (allowing nightly rentals and exempting sprinkler systems). Allowing increased
occupant loads (more than eight) in these buildings further increases the hazards and is not
supported by the Chief Building Official unless the buildings comply with the requirements of
the IEBC for a change in use in existing buildings or with the IBC for new construction.
7. Although the building codes do not address zone districts and most other land use regulations,
allowing nightly rentals in residential zone districts has impacted how some buildings are
regulated in non-residential zone districts. To apply the codes consistently, exempting one- and
two-family dwellings from automatic sprinkler requirements has ramifications for similarly used
buildings in non-residential zone districts. In other words, hotel buildings similar to one- and
two-family dwellings are also required to be exempted from sprinkler requirements. The
combination of allowing one- and two-family dwellings to be used as vacation homes and
deleting the requirement for automatic sprinkler systems, has the consequence (intended or not)
of also decreasing the life safety requirements for similar buildings in commercial zone districts.
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SUMMARY OF INTERPRETATION
The Development Code and the International Building Codes are separate regulatory codes; but,
they impact one another. While provisions in one code do not automatically become part of
another code, provisions in one code can have significant consequences to the application of
provisions in another code. Allowing vacation homes in the EVDC does not change any
provisions in the building codes but does impact how requirements in the building codes are
administered. Exempting one- and two-family dwellings from sprinkler requirements in
combination with allowing these dwellings to be used as hotels, necessitates exempting sprinkler
requirements in similarly used buildings in commercial zone districts. Because of public safety
issues including, but not limited to, transient residential use, sprinkler exemptions and increased
occupant loads, dwellings used as vacation homes shall be regulated by the IEBC and not by the
IRC. This is a literal interpretation of the IRC; and, it is the official interpretation regardless of
the occupant load. This means a change of use permit, inspection(s), and a Certificate of
Occupancy are required before any dwelling may legally be used as a vacation rental.
This is the official interpretation of the Building Official and is how the codes will be
administered unless they are amended. If this interpretation and application of the International
Building Codes do not align with the goals of the Town Board, the Chief Building Official needs
direction so he can propose local amendments to accomplish the goals of the Town Board. This
document does not exclude amending the building codes to address local concerns.
Some Colorado communities have not amended sprinkler requirements for newly constructed
dwellings out of the IRC (Cherry Hills Village, Federal Heights, Golden, Louisville, Snowmass
Village, Superior, Westminster, etc.). Some other communities will start requiring all new
homes to be protected on pre-established dates. See http://www.firesprinklerinitiative.org/state-
coalitions/colorado for specifics.
The issues associated with dwellings used as vacation homes have risen to the level of local
concern where the Chief Building Official is revising the current policy of regulating them as
dwellings under the IRC. The Chief Building Official and the Board of Appeals requests
direction from the elected officials as to how vacation homes should be regulated.
In an effort to assist the Town Board in making informed decisions, the Chief Building Official
offers the following issues for consideration:
1.If no amendments are adopted, every vacation home will be required to obtain a change
of use permit, inspection(s) and a Certificate of occupancy for the new use.
2.If no amendments are adopted, all newly constructed dwellings intended to be used as
vacation rentals shall be regulated by the IBC, not by the IRC.
3.If no amendments are adopted, every vacation home obtaining an initial license will be
required to install a 13R automatic sprinkler system.
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4.If no amendments are adopted, every vacation home obtaining an initial license will be
required to install a monitored fire alarm system.
5.If no amendments are adopted, every vacation home obtaining an initial license will be
required to install specific handicap accessibility features.
6.If no amendments are adopted, some (larger) vacation homes will be required to install
additional exits.
7.Since adoption of the 2009 International Building Codes, some property owners with
occupant loads of more than eight have complied with the above requirements. All other
vacation homes with occupant loads greater than eight are in violation of adopted
building codes. The above requirements have been in effect for occupant loads greater
than eight since adoption of the 2009 codes.
8.The International Building Codes regulate buildings by use, not by zoning. Amendments
approved for vacation homes should therefore also apply to similarly used buildings in all
zone districts (hotels, motels, lodges, some home daycares, etc.) As we lower the safety
requirements for vacation homes, we should also lower the safety requirements for all
similarly used buildings (hotels, motels, lodges, dormitories, etc.).
9.The vast majority of fire fatalities are in residential uses.
10.The primary area of fire origin in residential uses is kitchens. All vacation homes have
kitchens; not all hotels have kitchens.
11.Building codes regulate transient nightly accommodations (hotels & motels) as the most
hazardous of all residential uses.
12.Guest rooms in hotels are required to be separated by one-hour fire-resistance-rated
construction. Rooms used for sleeping purposes in dwellings do not require such
separations.
13.Building codes regulate building areas by the number of occupants. The higher the
occupant load, the more restrictive the requirements. In the IBC and the IEBC, design
occupant loads are assigned based on use and area, not by the number of rooms.
14.Dwellings with more than three stories are regulated by the IBC and automatic sprinkler
systems are required.
15.Residential uses in mixed-use buildings (commercial) are regulated by the IBC and
automatic sprinkler systems are required.
16.Most vacation homes are not large hotels and it may not be reasonable to require
compliance with all building code requirements for all vacation homes. Is it reasonable
to treat a single story, two bedroom cabin the same as a three level 5,000 square foot, five
bedroom vacation home?
17.It is possible to regulate vacation homes differently based on specific criteria (size/area,
occupant load, etc.). This is done throughout the IBC.
18.If no amendments are adopted, all vacation homes will be regulated the same way.
19.Because of the methods and materials of modern residential construction, new buildings
constructed of wood burn hotter, faster and structurally fail sooner than older homes.
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20.Some owners only rent their homes when they are on vacation. One size does not fit all.
21.The codes may be amended so all vacation rentals are regulated by the IRC. This would
require amendments to the IBC so similarly used buildings are treated equally.
22.Some vacation homes may be regulated by the IRC and others regulated by the IEBC
(existing) or IBC (new) based on specific criteria recognized by the codes, such as area,
number of occupants, etc.
23.Requirements for the fire protection systems (sprinklers and alarms) may be reduced to
far less costly systems.
24.Accessibility for the disabled is not only a building code issue; it is also subject to
Federal and State enforcement through anti-discrimination laws.
25.For existing buildings, some requirements may be retroactive, such as permits,
inspections and COs and other requirements may not be retroactive (sprinklers, alarms,
accessibility requirements, etc.)
26.The codes treat newly constructed buildings (IBC) differently than existing buildings
(IEBC) experiencing a change in use. Unlike older codes used prior to 2005, the IEBC
provides flexibility and has a tiered approach to compliance.
27.All buildings undergoing a change of use are required to be regulated by the IEBC. This
has been required of all vacation homes with occupant loads greater than eight.
28.The building codes recognize a responsibility to emergency responders who risk their
lives to protect lives and property.
29.Many other past requirements in the codes have been removed or lessened based on
requirements for automatic sprinkler systems. In other words the requirements in the
International Building Codes are based on the assumption that all residential use areas are
protected with automatic sprinkler systems. In fact, the IBC requires the entire building
to be protected when any part of it contains a residential use. This applies to new
construction only.
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VACATION HOMES
TWO PRIMARY CODES
International Residential Code (IRC)
&
International Building Code (IBC)
Secondary codes include International Fuel Gas Code, (IFGC),
International Mechanical Code (IMC), International Plumbing
Code (IPC), International Property Maintenance Code (IPMC),
International Fire Code (IFC), International Energy Conservation
Code (IECC), and International Existing Building Code (IEBC).
All secondary codes are included in the IBC in their entirety by
reference and in the IRC in part by copying specific provisions.
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TWO PRIMARY CODES
International Residential Code (IRC)
The IRC regulates one‐and two‐family dwellings and their accessory structures.
‐Single family dwellings 3 stories or less, excluding basements.
“DWELLING UNIT. A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living, sleeping,
eating, cooking and sanitation.”
‐Two family dwellings 3 stories or less, excluding basements.
“DWELLING. A building that contains one or two dwelling units used, intended
or designed to be used, rented, leased, let or hired out to be occupied for living
purposes.”
‐Townhouses 3 stories or less, excluding basements.
“TOWNHOUSE. A single‐family dwelling unit constructed in a group of three or
more attached units in which each unit extends from the foundation to roof
and with open space on at least two sides.”
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TWO PRIMARY CODES
International Residential Code (IRC)
R101.1 Title.
These provisions shall be known as the Residential Code for One‐and Two‐family
Dwellings of the Town of Estes Park, and shall be cited as such and will be referred to
herein as “this code.”
R101.2 Scope.
The provisions of the International Residential Code for One‐and Two ‐family Dwellings
shall apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location, removal and demolition of detached
one‐and two‐family dwellings and townhouses not more than three stories above
grade plane in height with a separate means of egress and their accessory structures
not more than three stories above grade plane in height.
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1/19/2017
Exceptions:
1.Live/work units located in townhouses and complying with the requirements of
Section 419 of the International Building Code shall be permitted to be constructed in
accordance with the International Residential Code for One‐and Two‐Family
Dwellings. Fire suppression required by Section 419.5 of the International Building
Code where constructed under the International Residential Code for One‐and Two‐
family Dwellings shall conform to Section P2904.
2.Owner‐occupied lodging houses with five or fewer guestrooms shall be permitted to
be constructed in accordance with the International Residential Code for One‐and
Two‐family Dwellings where equipped with a fire sprinkler system in accordance with
Section P2904.
LODGING HOUSE. A one‐family dwelling where one or more occupants are primarily
permanent in nature, and rent is paid for guestrooms.
NOTE: Adding an exception and a definition for vacation homes can address some,
but not all, issues associated with vacation homes.
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TWO PRIMARY CODES
International Residential Code (IRC)
Since the 2009 edition, the IRC has required sprinkler systems in all newly constructed
dwellings.
By local amendment, the Town has exempted detached one‐and two‐family dwellings
from sprinkler requirements.
2009 IRC only one‐and two‐family homes (not townhouses) were exempted
2012 IRC was not adopted (time limitations).
2015 IRC only one‐and two‐family homes (not townhouses) are exempted
Why did the 2009 I Codes increase sprinkler requirements for residential uses?
•Majority of fire fatalities (85‐86 %)
•Larger buildings with larger rooms
•Types of materials: engineered building products burn quicker and hotter
•Less passive systems
•Sprinkler systems have a proven record of saving lives
•Trade ‐offs in the Codes (types of materials, means of egress, height, stories, areas, etc.)
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TWO PRIMARY CODES
International Residential Code (IRC)
R313.2 One‐and two‐family dwellings automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in one‐and two‐family dwellings.
Exception:
1.An automatic residential fire sprinkler system shall not be required for additions or alterations to
existing buildings that are not already provided with an automatic residential sprinkler system.
If installed, automatic residential fire sprinkler systems may be designed and installed in accordance
with Section P2904 or NFPA 13D. In this Code and in all adopted International Codes, all references
requiring automatic sprinkler systems in (detached)one‐and two‐family dwellings regulated by the IRC
shall be amended by deleting the requirement of automatic sprinkler systems, except live/work units
scoped in the IBC SECTION 419.
COMMENTARY:
It is the intent of this and other amendments to delete the requirement for automatic sprinkler systems in
new detached one‐and two‐family dwellings regulated by the IRC, except live/work units scoped in the IBC
SECTION 419. Unless specifically referenced, such as live/work units, provisions in the IBC are not applicable
to structures regulated by the IRC. The IRC regulates all detached one‐and two‐family dwellings and all
townhouses not more than three stories in height, and all associated accessory structures. A townhouse is
defined as a “A single‐family dwelling unit constructed in a group of three or more attached units in which
each unit extends from the foundation to roof and with open space on at least two sides.” New detached
one‐and two‐family dwellings regulated by the IRC are not required to be protected by automatic sprinkler
systems. Townhouses (more than two attached units) are required to be protected by fire suppression
systems. These sprinkler requirements are per the IRC as amended and adopted by the Town of Estes Park.
Local Amendment
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*NOTE: With adoption of the 2015 Codes, the amendment needed to be revised
by adding “detached,” by specifically excluding townhouses and lodging houses and
by addressing revisions to the Estes Valley Development Code (EVDC). Revision was
opposed by the public, was temporarily not recommended by the Board of Appeals
(BoA), and was not approved by the Town Board.
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TWO PRIMARY CODES
International Building Code (IBC)
The IBC regulates all buildings and structures not regulated by the IRC.
All detached dwellings > 3 Stories (13‐D sprinkler systems are required)
All buildings with multiple uses, including residential (sprinklers
required throughout buildings)
All buildings with more than 2 dwellings units and are stacked (not
townhouses) (13‐R sprinkler systems are required)
All buildings with sleeping units only (not dwellings) (13‐R sprinkler systems
are required)
SLEEPING UNIT. A room or space in which people sleep, which can also include
permanent provisions for living, eating, and either sanitation or kitchen facilities but
not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping
units.
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TWO PRIMARY CODES
International Building Code (IBC)
Since the 2009 edition, the IBC has required sprinkler systems in all newly constructed
buildings containing residential uses (regardless of the number of dwelling units,
regardless of the number of sleeping units or regardless of the type of residential use).
By local amendment, the Town has exempted all residential use buildings comparable
to one‐and two‐family dwellings from sprinkler requirements. (Equal protection)
2009 IBC Local amendment is necessary because single family dwellings are
used as vacation homes/hotels and single family dwellings are exempt from
sprinkler requirements.
2012 IBC was not adopted (time limitations).
2015 IBC Local amendment is necessary because single family dwellings are
used as vacation homes/hotels and single family dwellings are exempt from
sprinkler requirements.Why did the 2009 I Codes increase sprinkler requirements for residential uses?
•Majority of fire fatalities (85‐86 %)
•Larger buildings with larger rooms
•Types of materials: engineered building products burn quicker and hotter
•Less passive systems
•Sprinkler systems have a proven record of saving lives
•Trade ‐offs in the Codes (types of materials, means of egress, height, stories, areas, etc.)10
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TWO PRIMARY CODES
International Building Code (IBC)
101.2 Scope.
The provisions of this code shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance,
removal and demolition of every building or structure or any appurtenances connected or
attached to such buildings or structures.
Exceptions:
1.Detached one‐and two‐family dwellings and multiple single‐family dwellings
(townhouses) not more than three stories above grade plane in height with a separate
means of egress, and their accessory structures not more than three stories above grade
plane in height, shall comply with the International Residential Code.
2.Regardless of the R Occupancy Group, as defined in the International Building Code,
non‐mixed use residential buildings and their accessory structures designed in
compliance with the design provisions of the International Residential Code, shall be
permitted to comply with the provisions of the International Residential Code.
Accessibility requirements shall be applicable, based on use.
*NOTE: This amendment also needed to be reworded.
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COMMENTARY:
This added exception allows certain buildings which comply with specific “design
provisions” to be regulated by the International Residential Code (IRC) instead of this
code, regardless of the residential use(s) as defined by this code. Compliance with
“design provisions” means the building must function similarly to and have similar
hazards as currently allowed in the Estes Valley Development Code for one‐and two‐
family dwellings. Excluding accessibility requirements,this amendment equally
regulates all buildings which function similarly and which have similar hazards.
To qualify for this exception, a building must meet the same “design provisions” as a
one‐and two‐family dwelling, which are:
•Maximum 2 residential units (similar to single family home or attached two family
home)
•No other uses in the building except for attached garages used by occupants
•Maximum occupant load of 8 people per unit for transient uses (transient means not
more than 30 days)
•Maximum 4 rooms used for sleeping purposes when used by people not related by
blood, marriage or adoption. (Occupant load and number of sleeping rooms are not
regulated for buildings used for people related by blood, marriage or adoption.)
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COMMENTARY CONT’D:
Buildings with the following “design provisions” qualify for this exception:
R‐1: Transient not > 30 days
Hotels/motels (Not more than 2 units in the building and occupant load not greater than 8 each unit and not
more than 4 rooms used for sleeping purposes/each unit)
R‐2: Primarily permanent occupancy > 30 days
Apartment houses (not more than 2 units in the building)
Convents & Monasteries (occupant load not greater than 8 and not more than 4 rooms used for sleeping
purposes)
Dormitories (occupant load not greater than 8 and not more than 4 rooms used for sleeping purposes)
Fraternities and sororities (occupant load not greater than 8 and not more than 4 rooms used for sleeping
purposes)
Hotels/Motels (Not more than 2 units in the building and occupant load not greater than 8 each unit and not
more than 4 rooms used for sleeping purposes/each unit)
Vacation time shares (Not more than 2 units in the building and occupant load not greater than 8 each unit and
not more than 4 rooms used for sleeping purposes/each unit)
Max 2 units per building.
R‐3: Primarily permanent occupancy > 30 days
Buildings with not more than 2 dwelling units (occupant load not greater than 8 and not more than 4 rooms
used for sleeping purposes)
Boarding houses (occupant load not greater than 8 and not more than 4 rooms used for sleeping purposes)
Congregate living facilities (occupant load not greater than 8 and not more than 4 rooms used for sleeping
purposes)
Lodging houses (occupant load not greater than 8 and not more than 4 rooms used for sleeping purposes)
Max 2 units per building.
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COMMENTARY CONT’D:
Buildings with the following “design provisions” do not qualify for this exception:
R‐1: Transient not > 30 days
TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days.
Boarding houses (Occupant load greater than 10)
Congregate living facilities (Occupant load greater than 10)
Hotels/motels (More than 2 units in the building or occupant load greater than 8 each unit or more than 4
rooms used for sleeping purposes/each unit)
R‐2: Primarily permanent occupancy > 30 days
Apartment houses (more than 2 units in the building)
Boarding houses (Occupant load greater than 16)
Congregate living facilities (Occupant load greater than 16)
Convents & Monasteries (occupant load greater than 8 or more than 4 rooms used for sleeping purposes)
Dormitories (occupant load greater than 8 or more than 4 rooms used for sleeping purposes)
Fraternities and sororities (occupant load greater than 8 or more than 4 rooms used for sleeping purposes)
Hotels/Motels (More than 2 units in the building or occupant load greater than 8 each unit or more than 4
rooms used for sleeping purposes/each unit)
Vacation time shares (More than 2 units in the building or occupant load greater than 8 each unit or more than
4 rooms used for sleeping purposes/each unit
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COMMENTARY CONT’D:
R‐3: Primarily permanent occupancy > 30 days
Buildings with more than 2 dwelling units (more than 2 units are classified as R‐2)
Boarding houses (occupant load greater than 8 or more than 4 rooms used for sleeping
purposes)
Care facilities
Congregate living facilities (occupant load greater than 8 or more than 4 rooms used for
sleeping purposes)
Lodging houses (occupant load greater than 8 or more than 4 rooms used for sleeping
purposes)
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ALL USES ARE NOT EQUAL
The IRC has no occupancy (use) classifications because it regulates only one use,
single‐family dwellings (and their accessory structures).
IBC has 27 specific occupancy (use) classifications, including four residential groups:
310.3 Residential Group R‐1.
Residential Group R‐1 occupancies containing sleeping units where the occupants
are primarily transient in nature, including:
Boarding houses (transient) with more than ten (10) occupants
Congregate living facilities (transient) with more than ten (10) occupants
Hotels (transient)
Motels (transient)
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310.4 Residential Group R‐2.
Residential Group R‐2 occupancies containing sleeping units or more than two
dwelling units where the occupants are primarily permanent in nature, including:
Apartment houses
Boarding houses (non‐transient) with more than 16 occupants
Congregate living facilities (non‐transient) with more than 16 occupants
Convents
Dormitories
Fraternities & Sororities
Hotels (non‐transient)
Live/Work units
Monasteries
Motels (non‐transient)
Vacation timeshare properties
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310.5 Residential Group R‐3.
Residential Group R‐3 occupancies where the occupants are primarily permanent
in nature and not classified as Group R‐1, R‐2, R‐4, or I, including:
Buildings that do not contain more than two dwelling units
Boarding houses (non‐transient) with 16 or fewer occupants
Boarding houses (transient) with 10 or fewer occupants
Care facilities that provide accommodations for five or fewer persons
receiving care
Congregate living facilities (non‐transient) with 16 or fewer occupants
Congregate living facilities (transient) with 10 or fewer occupants
Lodging houses with five or fewer guest rooms
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310.5.1 Care facilities within a dwelling.
Care facilities for five or fewer persons receiving care that are within a single‐
family dwelling are permitted to comply with the International Residential Code
provided an automatic sprinkler system is installed in accordance with Section
903.3.1.3 or Section P2904 of the International Residential Code.
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310.5.2 Lodging houses.
Owner‐occupied lodging houses with five or fewer guest rooms shall be permitted
to be constructed in accordance with the International Residential Code.
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310.6 Residential Group R‐4.
Residential Group R‐4 occupancy shall include buildings, structures or portions
thereof for more than five but not more than 16 persons, exluding staff, who
reside on a 24‐hour basis in a supervised residential environment and receive
custodial care. Buildings of Group R‐4 shall be classified as one of the occupancy
conditions specified in Section 310.6.1 or 310.6.2. The persons receiving care are
capable of self‐preservation. This group shall include, but not be limited to, the
following:
Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group homes
Halfway houses
Residential board and care facilities
Social rehabilitation facilities
Group R‐4 occupancies shall meet the requirements for construction as
defined for Group R‐3, except as otherwise provided for in this code.
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310.6.1 Condition 1.
This occupancy condition shall include buildings in which all persons receiving
custodial care, without any assistance, are capable of responding to an emergency
situation to complete building evacuation.
310.6.2 Condition 2.
This occupancy condition shall include buildings in which there are any persons
receiving custodial care who require limited verbal or physical assistance while
responding to an emergency situation to comlete building evacuation.
TRANSIENT: Occupancy of a dwelling unit or sleeping unit for not more than 30
days.
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13 Systems: Total coverage, including concealed combustible spaces, tested,
commissioned
Goal is to protect the occupants, the buildings and the assets.
Requires fire alarm system to monitor.
13 R systems: Partial coverage (low rise residential uses), different materials
Goal is to protect the occupants (life‐safety).
Requires fire alarm system to monitor
13D Systems: Limited coverage, different materials
Goal is to get the occupants out safely (life‐safety).
Does not require fire alarm system to monitor.
Plumbing Code System
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ALL SPRINKLER SYSTEMS ARE NOT EQUAL
International Residential Code (IRC)
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ALL CODES ARE NOT EQUAL
International Building Code (IBC)
All other buildings/structures
Dwellings & accessory structures (All residential uses)
Less restrictive requirements
Area unlimited
Sprinklers > 2 units (Amendment)
Fire alarm systems never
Sleeping unit separations never
No occupancy (use) classifications
Partially separated uses
No design occupant loads
1 Exit required
Stairs geometry (7.75” x10”)
Guards (Railings) 36”
No accessibility requirements
Only one‐and two‐family
More restrictive requirements
Area limited (F‐R‐R‐C)
Sprinklers always (Rs)
Fire alarm systems > 2 units
Sleeping unit separations always (F‐R‐R‐C)
27 occupancy (se) classes (4 R groups)
Separated uses (F‐R‐R‐C) or sprinkler
Design occupant loads (1/200 sq ft)
Means of egress requirements
Stairs geometry (7” x 11”)
Guards (Railings) 42”
Tiered accessibility requirements
Why different requirements? Permanency – familiarity, under control of the occupants,
private property (not open to the public), etc.
More restrictive Less restrictive
3 stories maximum 4 stories maximum and sprinkler
Limited design No design limitations
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ALL DESIGNS ARE NOT EQUAL
(only residential uses)
IRC
Detached single‐family dwellings (& accessory structures) (no sprinkler)
Lodging houses* (owner occupied & max 5 guest rooms) (sprinkler)
Attached single‐family dwellings (& accessory structures)
Two family dwellings (no sprinklers)
Townhouses (> 2 attached side by side units) (sprinklers)
Live/Work townhouse units (sprinkler)
Vacation homes?
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IBC
All other buildings/structures containing residential uses (sprinklers entire
buildings –new construction
ALL CERTIFICATES OF OCCUPANCY ARE NOT EQUAL
Until the International Codes Certificate of Occupancy (CO) not required for one‐and
two‐family dwellings
COs specific to use(s)
Change of use requires CO, which requires inspection(s)
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ALL ENFORCEMENT IS NOT EQUAL
Difference between Estes Valley Development Code & International Building Codes
Not approved for > 8 occupants without complying with the building codes
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POSSIBLE CONSIDERATIONS
Tiered approach, which is consistent with the IBC and the IEBC:
1. Grandfather all existing…
2. Amend IRC to regulate smaller vacation homes under the IRC
3. Regulate larger vacation homes under the IBC…
4. Base tiered requirements on square foot areas
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TOWN ADMINISTRATOR Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Frank Lancaster, Town Administrator
Alan Fraundorf, Information Technology Manager
Date: 1-24-2017
RE: Public availability of Town Board e-mails
Objective:
To provide options for public access to all appropriate Town Board incoming and
outgoing e-mail.
Present Situation:
At the study session on October 11th, 2016, the Town Board discussed public access to
Town Board e-mails. Currently all correspondence from and to Town elected officials is
considered public record, unless they fit one of the exemptions spelled out in the
Colorado Open Records Act. Citizens have a right to review and receive copies of
these e-mails and currently can do so by filing an open records request with the Town
Clerk’s office. Several other local entities make all elected officials e-mails available on
demand on their websites, including Larimer County (incoming only, ) and the cities of
Loveland and Fort Collins.
After the study session, staff investigated options for posting all e-mails and for the last
couple of months have been running an internal pilot project using the Mayor’s e-mails.
The system seems to be working and is reliable enough to be ready to present to the
full board to determine what next steps, if any, the Board would like to take in this
arena.
Proposal:
Discussion item only
Advantages:
Increased transparency for Board communications.
Increase public awareness and understanding of issues and Board activities.
Automation of e-mail disclosure will reduce staff time to respond to Open
Records Requests for Board e-mails
Disadvantages:
Risk of some private or confidential e-mails being disclosed.
May discourage some constituents from contacting their elected officials.
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Action Recommended:
None – discussion only
Budget:
No cost to implement. Staff has developed a way to provide access using existing
technologies and software packages.
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February 14, 2017
Review of 2017 Street Improvement
Plan
Discuss the role of Town Government
in economic development as it relates
to the Estes Valley EDC and other
organizations.
April 25, 2017
Review Service Proposal list for 2017
Budget
Items Approved - Unscheduled:
(Items are not in order of priority)
Discussion of Hydrology Study Results
Short update on the Downtown
Neighborhood plan.
Discussion of Rural Transportation
Authority.
Discussion and review of Fish
Hatchery RFP
Study Session Items for Board
Consideration:
Future Town Board Study Session Agenda Items
January 24, 2017
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