Loading...
HomeMy WebLinkAboutPACKET Town Board Study Session 2023-02-28February 28, 2023 3:55 p.m. – 6:00 p.m. Board Room 6:00 p.m. Dinner No public comment will be heard This study session will be streamed live and available on the Town YouTube page at www.estes.org/videos 3:55 p.m. 2021 International Building Code and International Residential Code. (Director Garner) 4:40 p.m. 1A Renewal. (Town Administrator Machalek) 5:10 p.m. Fine Arts Guild Performing Arts Center. (Town Administrator Machalek) 5:25 p.m. Family Advisory Board Check In. (Deputy Town Administrator Damweber) 5:40 p.m. Semi-Annual Compliance Review with Board Governing Policies – Policy 1.10 Self-Monitoring of the Board. (Mayor Koenig) 5:50 p.m. Trustee & Administrator Comments & Questions. 5:55 p.m. Future Study Session Agenda Items. (Board Discussion) 6:00 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 5:00 p.m. AGENDA TOWN BOARD STUDY SESSION Page 1       Page 2 TOWN BOARD STUDY SESSION MEETING February 28, 2023 2021 International Building Code and International Residential Code. No packet memo will be provided for this item. Attachments: 1.IBC Amendments 2.IRC Amendments 3.Memo of Support Page 3 1 TOWN OF ESTES PARK, COLORADO AMENDMENTS TO THE 2021 INTERNATIONAL BUILDING CODE INTERNATIONAL EXISTING BUILDING CODE INTERNATIONAL FUEL GAS CODE INTERNATIONAL MECHANICAL CODE INTERNATIONAL PLUMBING CODE INTERNATIONAL SWIMMING POOL AND SPA CODE Amendments to the 2021 International Building Code, 2021 International Existing Building Code, 2021 International Fuel Gas Code, 2021 International Mechanical Code, 2021 International Plumbing Code, 2021 International Swimming Pool and Spa Code Attachment 1 Page 4 2 WHEREAS, the Chief Building Official of Town of Estes Park, the Board of Appeals, and the Town of Estes Park Planning Commission have recommended that the Board of Town Commissioners adopt the 2021 International Codes named above with certain amendments, concurrent with the repealing of those portions of currently adopted 2015 International Codes that are to be superseded by the 2021 International Codes; and WHEREAS, the said Board has found that said adoption would be in the best interest of the people of Town of Estes Park, including the public’s health, safety, and welfare, and after a duly publicized public hearing on this matter; NOW, THEREFORE, BE IT RESOLVED, that the 2021 International Building Code, 2021 International Energy Conservation Code, 2021 International Existing Building Code, 2021 International Fuel Gas Code,2021 International Mechanical Code, 2021 International Plumbing Code, 2021 International Property Maintenance Code, 2021 International Swimming Pool and Spa Code and Amendments thereto as recommended herein are hereby adopted and shall be part of the Town of Estes Park Building Code effective January 1st, 2024. The 2015 International Codes and their amendments are hereby repealed. IT IS FURTHER RESOLVED that the Deputy Clerk of this Board shall forthwith cause a certified copy of this resolution with revised amendments to be filed with the Clerk and Recorder for the Town of Estes Park. Dated this TOWN OF ESTES PARK COLORADO By: _________________________ Chairman (SEAL) ATTEST: Date: _____________________ _____________________________________ Deputy Clerk _____________________________________ Town Attorney APPROVED AS TO FORM Page 5 3 2021 INTERNATIONAL BUILDING CODE (IBC) Chapter 1 Administration The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Building Code of Town of Estes Park, hereinafter referred as “this code.” The following section is hereby amended to read as follows: 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. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, short-term rentals, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. The following section is hereby amended to read as follows: 101.4 Referenced Codes. The other codes specified in Sections 101.4.1 through 101.4.8 as adopted and amended by Town of Estes Park and referenced elsewhere in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference. The following section is hereby amended to read as follows: 101.4.3 Plumbing. The provisions of the International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the most recent edition of the Town of Estes Park On-site Wastewater Treatment System Regulations enforced by the Larimer County Department of Health and Environment shall apply to private sewage disposal systems. The following section is hereby amended to read as follows: 103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. The following section is hereby amended to read as follows: 103.2 Appointment. The building official shall be appointed by the Town of Estes Park Trustees. The following section is hereby amended to read as follows: 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the Town Engineer shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the Town Engineer determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building shall meet the requirements of the Town of Estes Park Land Use Code. The following section is hereby amended to read as follows: 104.10.1 Flood hazard areas. The Town shall not grant modifications to any provision required in flood hazard areas as established by the Town of Estes Park Land Use Code without the granting of a variance to such provisions by the Town Engineer. The following section is hereby amended in its entirety to read as follows: 105. 1.1Smoke alarms. When work requiring a permit occurs within Group I-1 and R occupancies, smoke alarms shall be installed in accordance with Section 902.2.11. Exception: Work involving the exterior surfaces of such buildings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck . The following section is hereby amended in its entirety to read as follows: Page 6 4 105.1.2 Carbon monoxide detection. When work requiring a permit occurs within Group I-1, I-2, I-4, and R occupancies, and within classrooms of Group E occupancies, carbon monoxide detection shall be provided in accordance with Section 915. Exception: Work involving the exterior surfaces of such buildings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck The following section is hereby amended to read as follows: 105.2 Work exempt from permit. Exemptions from permit requirements of this code 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 this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided that the floor area is not greater than 120 square feet (11 m2) and there are no utilities installed. 2. Fences not over 7 feet (2134 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1219 mm) in height measured from a point eight feet horizontally downslope from the low side finish grade to the high side finish grade behind the wall, provided that the horizontal distance to the next uphill retaining wall is at least equal to twice the height of the upper wall unless supporting a surcharge or impounding Class I, II or IIIA liquids. [See Figure 105.2.4] 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, not over any basement or story below and not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground. 10. Shade cloth and maximum 6 mil single layer poly-roofed structures constructed for nursery or agricultural purposes, with no entry by the general public, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings, including one elevated playhouse per lot, designed, and used exclusively for play, not exceeding 64 square feet (5.9 m2) of floor area nor 8 feet (2.44 m) in height as measured from the floor to the highest point of such structure. 12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support, storm windows, storm doors, and rain gutter installation. 13. Nonfixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height. 14. Roofing repair or replacement work not exceeding one square (100 square feet (9.29 m2)) of covering per building. 15. Decorative fountains and pools which cannot contain water more than twenty-four (24) inches (610 mm) deep. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less. 8.Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same Page 7 5 with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of plumbing fixtures, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. FIGURE 105.2.4 RETAINING WALL PERMIT EXEMPTIONS The following section is hereby amended to read as follows: 105.3.2 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. The building 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. The following section is hereby amended to read as follows: 107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing, electronically or by stamp, indicating the approved permit number. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. The following section is hereby added to read as follows: 109.7 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when access to the work is not provided on the date for which inspection is requested, a readily visible address is not posted, the inspection record card is not posted or otherwise available on site, the approved plans are not readily available in a visible location for the inspector, such portion of work for which inspection is called for is not complete, corrections called for are not made, work deviates from plans approved by the building official, or for other good and sufficient cause as determined by the building official. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the adopted Town of Estes Park fee schedule. When re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. The following section is hereby added to read as follows: 110.3.2.1 Underground inspection. Underground inspections shall be made after trenches or ditches are excavated and bedded, piping, tubing, ducts, and electrical wiring is installed, and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks, and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. Page 8 6 The following section is hereby amended to read as follows: 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fireblocking, and bracing are in place and pipes, chimneys, vents rough electrical, plumbing, heating, pipes and ducts to be concealed are complete. The following section is hereby added to read as follows: 110.3.4.1 Rough-in inspections. Rough-in inspections shall be made after the roof, framing, fireblocking, firestopping, draftstopping and bracing is in place, chimneys, vents, electrical, plumbing, heating, pipes, and ducts, are roughed-in, and prior to the installation of insulation, wall, or ceiling membranes. The following section is hereby amended to read as follows: 110.3.9 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for footing, foundation, slab and thermal envelope insulation R- and Uvalues, fenestration U-value, duct system R-value, HVAC and water-heating equipment efficiency, air sealing, plumbing protection, lighting system controls, components and meters, installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning in accordance with Section C408. The following section is added to read as follows: 110.7 Testing. Plumbing, fuel gas, mechanical, and systems shall be tested as required in applicable codes and in accordance with Sections 110.7.1 through 110.7.3. Tests shall be made by the permit holder and observed by the code official. The following section is added to read as follows: 110.7.1.1 New, altered, extended, or repaired systems. New plumbing, fuel gas, mechanical,and parts of existing systems that have been altered, extended, renovated, or repaired shall be tested as prescribed herein to disclose leaks and defects, except that testing is not required in the following cases: The following section is added to read as follows: 110.7.2 Equipment, material, and labor for system tests. Equipment, material, and labor required for testing a plumbing, fuel gas, and mechanical systems or part thereof shall be furnished by the permit holder. The following section is added to read as follows: 110.7.3 Reinspection and testing. Where any work or installation does not pass any initial test or inspection, the necessary corrections shall be made to comply with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. The following section is hereby amended to read as follows: 111.1 Change of occupancy. A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exceptions: 1. Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. 2. Shell, agricultural and accessory buildings and miscellaneous permits shall not receive certificates of occupancy; a letter of completion will be issued upon request. The following section is hereby amended to read as follows: 111.2 Certificate issued. After the building official inspects the building or structure and does not find violations of the provisions of this code or other laws that are enforced by the department, the building official shall issue a certificate of occupancy that may contain the following: 1. The permit number. Page 9 7 2. The address of the structure. 3. The name and address of the owner or the owner’s authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. Where an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. The following section is hereby amended to read as follows: 111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. A Temporary Certificate of Occupancy (TCO) shall be valid for 180 90 days and may be extended by the Building Official. The fee for each TCO shall be in accordance with the fee schedule as established by Town of Estes Park. The following section is hereby amended to read as follows: 113.4 Administration. To appeal a written determination of the building official to the Board of Appeals, a written appeal must be received by the building official within thirty (30) days of the date of the determination being appealed. The appellant shall, at the time of making such appeal, pay to the Town of Estes Park Building Division an appeal fee as specified in the Town of Estes Park fee schedule. The building official shall send written notice of hearing to all parties concerned at least fourteen (14) days prior to the hearing by mailing the same to such parties' last known address by regular mail. All meetings or hearings shall be open to the public. The Board of Appeals shall, from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. The building official shall take immediate action in accordance with the decision of the Board of Appeals. Chapter 2 Definitions The following section is hereby amended by adding definitions to read as follows: 202 DEFINITIONS FACTORY-BUILT FIREPLACE. A listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction. Factory-built fireplaces are not dependent on mortarfilled joints for continued safe use. FIREPLACE INSERT. A wood burning device designed to be installed in an existing fireplace. INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. LARGE SHORT-TERM RENTAL. A dwelling constructed in compliance with the International Residential Code, where transient accommodations are provided for a single group of more than 10 occupants and where rooms may not be individually rented to guests who are not part of the group. RESORT LODGE COTTAGE(S) - A building or group of buildings, under single management and ownership, containing rooms and/or dwelling units available for temporary rental to guests where the primary attraction is generally recreational features or activities. SHORT-TERM RENTAL. A dwelling constructed in compliance with the International Residential Code, where transient accommodations are provided for a single group of ten or fewer occupants and where rooms may not be individually rented to guests who are not part of the group. SOLIDLY SHEATHED DECK. A roof deck with gaps between planks or sheathing not exceeding 1/8 inch (3.18 mm). Page 10 8 WOOD STOVE: An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. Chapter 3 Use and Occupancy Classification The following section is hereby amended to read as follows: 305.2.3 Children in a dwelling unit. A facility such as the above within a dwelling unit having children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. The following section is hereby amended to read as follows: 310.2 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 10 occupants Congregate living facilities (transient) with more than 10 occupants Hotels (transient) Motels (transient) Large Short-term Rentals Resort Lodge Cottages with more than 10 occupants. Exceptions: 1. Short-term rentals shall comply with this code or the International Residential Code. 2. Resort lodge cottages not exceeding 10 occupants shall comply with this code or the International Residential Code. The following section is hereby amended to read as follows: 310.3 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 Congregate living facilities (nontransient) with more than 16 occupants Boarding houses (nontransient) Convents Dormitories Fraternities and sororities Monasteries Hotels (nontransient) Live/work units Motels (nontransient) Vacation timeshare properties Exceptions: 1. Short-term rentals shall comply with this code or the International Residential Code. 2. Resort lodge cottages not exceeding 10 occupants shall comply with this code or the International Residential Code. The following section is hereby amended to read as follows: 310.4.1 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. Day care facilities for children within a dwelling unit shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. Page 11 The following section is hereby amended to read as follows: 9 310.4.2 Lodging houses. Owner-occupied lodging houses with five or fewer guest rooms and 10 or fewer total occupants shall be permitted to be constructed in accordance with the International Residential Code. The following section is hereby amended to read as follows: 311.1.1 Accessory storage spaces. A room or space used for storage purposes that is accessory to another occupancy and not more than 25% of the square footage of that occupancy shall be classified as part of that occupancy. Chapter 5 General Building Heights and Areas The following section is hereby added to read as follows: 502.2 Premises Identification During Construction. The approved permit number and street address number shall be displayed and be plainly visible and legible from the public street or road fronting the property on which any building is being constructed or remodeled. 508.5 Live/work units. A live/work unit shall comply with Sections 508.5 through 508.5.11. Exception: Dwelling or sleeping units that include an office that is less than 20 percent of the area of the dwelling unit are permitted to be classified as dwelling units with accessory occupancies in accordance with Section 508.2. Chapter 9 Fire Protection Systems The following section is hereby amended to read as follows: 902.1 Pump and rise room size. Where provided, fire pump rooms and automatic sprinkler system riser rooms shall be designed with adequate space for all equipment necessary for the installation, as defined by the manufacturer, with sufficient working room around the stationary equipment. Clearances around equipment to elements of permanent construction, including other installed equipment and appliances, shall be sufficient to allow inspection, service, repair, or replacement without removing such elements of permanent construction or disabling the function of a required fire-resistance-rated assembly. Fire pump and automatic sprinkler system riser rooms shall be provided with doors and unobstructed passageways large enough to allow removal of the largest piece of equipment and no less than 32” (813 mm) net clear width. This section is hereby amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multitheater complex. This section is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. This section is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet (464.5 m2). Page 12 The following section is hereby amended to read as follows: 10 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. The following section is hereby added to read as follows: 903.2.2.1 Group B. An automatic sprinkler system shall be provided for fire areas containing Group B occupancies when the fire area exceeds 5,000 square feet (464.5 m2). The following section is hereby amended to read as follows: 903.2.2.2 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time: 1. Four or more care recipients are incapable of self- preservation. 2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge. Exception: Floors classified as an open parking garage are not required to be sprinklered. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 5,000 square feet (464.5 m2) in area. 2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies. Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area. 3. The Group E fire area has an occupant load of 300 or more. This section is hereby amended to read as follows: 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exist: 1. A Group F-1 fire area exceeds 5,000 square feet (464.5 m2). 2. A Group F-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). A new section is hereby added to read as follows: 903.2.4.2 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F2 occupancy where one of the following conditions exist: 1. A Group F-2 fire area exceeds 5,000 square feet (464.5 m2). 2. A Group F-2 fire area is located more than three stories above grade plane. The following section is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has not fewer than one exterior exit door and the fire area does not exceed 5,000 square feet (464.5 m2). 2. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Section 903.3.1.1 shall be installed on the entire floor where care is provided, all floors between the level of care and the level of exit discharge, and all floors below the level of exit discharge other than areas classified as an open parking garage. The following section is hereby amended to read as follows: Page 13 The following section is hereby amended to read as follows: 11 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 5,000 square feet (464.5 m2). 2. A Group M fire area is located more than three stories above grade plane. 3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). The following section is hereby amended to read as follows: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 5,000 square feet (464.5 m2) 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet (2230 m2). 4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet (464.5 m2). The following section is hereby amended to read as follows: 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet (464.5 m2). 2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet (464.5 m2). 3. Buildings with repair garages servicing vehicles parked in basements. Page 14 12 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet (464.5 m2). The following section is hereby amended to read as follows: 903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout buildings containing a Group S-2 occupancy where any of the following conditions exists: 1. Where the Group S-2 fire area exceeds 5,000 square feet (464.5 m2). 2. Where an enclosed parking garage in accordance with Section 406.6 is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 3. Where the fire area of an open parking garage in accordance with Section 406.5 exceeds 48,000 square feet (4460 m2). 4. Where a Group S-2 fire area is located more than three stories above grade plane. The following section is hereby amended to read as follows: 903.2.11.1.3 Basements. Where any portion of a basement is located more than 75 feet (22,860 mm) from openings required by Section 903.2.11.1, the basement shall be equipped throughout with an approved automatic sprinkler system. The following section is hereby amended by adding item #5 to read as follows: 903.3.1.2.3 Attics. 5. In buildings of other than R-3 occupancy containing dwelling or sleeping units. Exceptions: 1. Where the building contains not more than 6 individual dwelling units or sleeping units, which are separated from each other by minimum 1-hour fire barriers. 2. Where the building contains not more than 12 individual dwelling units or sleeping units, which are separated into fire areas containing no more than 6 individual dwellings units (complying with number 1 above) by a minimum 2- hour fire wall. The following section is hereby amended to read as follows: 907.2.11 Single- and multiple-stations smoke alarms. Listed single and multiple station smoke alarms complying with UL 217 shall be installed in accordance with sections 907.2.11.1 through 907.2.11.7 and NFPA 72. Where one or more sleeping rooms are added or created in existing Group R Occupancies, the entire building shall be provided with smoke detectors located and installed as required for new Group R Occupancies described herein. Chapter 10 Means of Egress The following section is hereby amended and exceptions 7 and 8 are added to read as follows: 1010.1.4 Floor elevation. There shall be a floor or landing on each side of a door. Such floor or landing shall be at the same elevation on each side of the door. Landings shall be level except for exterior landings, which are permitted to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent slope). All exterior steps, slabs, walks, decks, and patios serving as exterior door landings or exterior stairs shall be adequately and permanently secured in place by approved methods to prevent such landings or stairs from being undermined or subject to significant displacement due to improper placement of supporting backfill or due to inadequate anchoring methods. EXCEPTIONS: 7. Exterior doors serving individual dwelling units, other than the main entrance door to a dwelling unit, may open at one intervening exterior step that is equally spaced between the interior floor level above and exterior landing below, provided that the step has a minimum tread depth of 12 inches (305 mm), a maximum riser height of 7 ¾ inches (196.8mm), a minimum width equal to the door width, and further provided that the door does not swing over the step. The following section is hereby amended to read as follows (the exceptions are unchanged): 1011.11 Handrails. Flights of stairways of more than 1 riser shall have handrails on each side and shall comply with Section 1014. Where glass is used to provide the handrail, the handrail shall also comply with Section 2407. The following section is hereby amended to read as follows: 1015.8 Window openings. Windows in Group R-2 and R-3 buildings including dwelling units, where the top of the sill of an operable window opening is located less than 24 inches (610 mm) above the finished floor and more than 72 inches (1829 mm) above the finished grade or other surface below on the exterior of the building, shall comply with one of the following: Page 15 13 The following section is hereby added to read as follows: 1015.9 Below grade openings. All area wells, stair wells and light wells attached to any building that are located less than thirty-six (36) inches (914.4 mm) from the nearest intended walking surface and deeper than thirty (30) inches (762 mm) below the surrounding ground level, creating an opening greater than twenty-four (24) inches (610 mm) measured perpendicular from the building and with side walls of such well having a slope steeper than two horizontal to one vertical, shall be provided with guards complying with section around the entire opening, or be provided with an equivalent barrier. An intended walking surface is a sidewalk, pathway, patio slab, deck or similar element. EXCEPTIONS: 1. Guards are not required on the access side of stairways. 2. Area wells provided for emergency escape and rescue openings may be protected with grilles or covers complying with Section 1031.6 of this code. 3. Grilles or covers may be placed over stairways and other openings used exclusively for service access. The following section is hereby amended to read as follows: 1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in the following occupancies: 1. Group R-2 occupancies located in stories with only one exit or access to only one exit as permitted by Tables 1006.3.4(1) and 1006.3.4(2). 2. Group R-3 and R-4 occupancies. Basements, sleeping rooms, habitable lofts, and mezzanines below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way. Exceptions: 1. Basements with a ceiling height of less than 80 inches (2032 mm) shall not be required to have emergency escape and rescue openings. 2. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that opens to a public way. 3. Basements without habitable spaces and having not more than 200 square feet (18.6 m2) in floor area shall not be required to have emergency escape and rescue openings. 4. Storm shelters are not required to comply with this section where the shelter is constructed in accordance with ICC 500. The following section is hereby amended to read as follows: 1031.3.2 Minimum dimensions. The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening, with casement windows measured when open perpendicular to the exterior wall. The following section is hereby amended by adding Exception #2 to read as follow: 1031.5.3 Drainage. Area wells shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section 1805. Exception: 1. A drainage system for area wells is not required where the foundation is on well-drained soil or sand-gravel mixture soils in accordance with the United Soil Classification System, Group I Soils, in accordance with Section 1803.5.1. 2. A drainage system is not required for new window wells on additions to existing dwellings where no foundation drainage system exists. Chapter 11 Accessibility The following section is hereby amended to read as follows: 1108.6 Group R. Accessible units, Type A units and Type B units shall be provided in Group R occupancies in accordance with Sections 1108.6.1 through 1108.6.4. Group R occupancies shall be provided with accessible Page 16 14 dwelling units, guest rooms and other elements as specified in the 2003 Colorado Revised Statutes Title 9 Article 5 Section 105 or as subsequently amended by statute. Chapter 14 Exterior Walls The following section is hereby amended to read as follows: 1402.6 Flood resistance. For buildings in flood hazard areas as established in Section 1612.3, building construction shall comply with the requirements of the Town of Estes Park Land Use Code. The following section is hereby added to read as follows: 1403.9.1 Vinyl siding on new buildings. Vinyl sidings on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. The following section is hereby added to read as follows: 1403.12.3 Polypropylene siding on new buildings. Polypropylene on new buildings shall be installed over onehour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. Chapter 15 Roof Assemblies and Rooftop Structures The following section is hereby amended to read as follows: 1502.1 General. All buildings shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface at least 5 feet (1524 mm) from foundation walls or to an approved drainage system. Design and installation of roof drainage systems shall comply with this section, Section 1611 of this code and Chapter 11 of the International Plumbing Code. The following section is hereby added to read as follows: 1504.8.1 Impact resistance of asphalt shingles. Asphalt shingles shall be Class 4 impact resistant, tested in accordance with UL 2218 and installed in accordance with the manufacturer’s installation instructions. Exceptions 1. When an owner wishes to replace existing asphalt shingles that are less than class 4 impact resistant with tiles of a similar color or tile, and there are no class 4 impact resistance shingles available of similar color or style, the building official may approve alternate materials that are less than class 4 impact resistant, so long as the replacement shingles are the highest class of impact resistance available that match the color or style of the existing shingles. If no impact resistant materials are available, the building official may approve non-impact resistant shingles that meet all other applicable requirements of this code. 2. For repairs or additions to existing asphalt singles that are less than class 4 impact resistant, the owner may use the same or similar materials regardless of impact resistance of the new shingles. The following section is hereby amended to read as follows: 1505.1 General. Roof assemblies shall be divided into the classes defined in this section. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D2898. Except as otherwise allowed, roofs shall be covered with materials listed as Class A. Exceptions: 1. Skylights and sloped glazing that comply with Chapter 24 or Section 2610. 2. Noncombustible roof coverings as defined in Section 1507.3, 1507.4, and 1507.5 may be applied in accordance with the manufacturer's specifications in place of a fire-retardant roofing assembly. 3. Any Class B or Class C roof covering may be installed on any new construction that is added to an existing building classified as a Group R, Division 3 or Group U Occupancy containing Class B or Class C roof covering, provided the roof extremities of such existing building and new construction are located a minimum distance of 5 feet from the nearest adjacent property line and a minimum distance of 10 feet (3048 mm) from any other building. Any roof covering shall have a minimum rating of Class B for buildings located in the Wildfire Hazard Area and a minimum rating of Class C outside the Wildfire Hazard Area. Table 1505.1 “Minimum Roof Covering Classifications for Types of Construction” is hereby deleted. The following section is hereby amended to read as follows: Page 17 15 1505.9 Rooftop mounted photovoltaic (PV) panel systems. Rooftop mounted photovoltaic (PV) panel systems shall be tested, listed, and identified with a fire classification in accordance with UL 2703. Listed systems shall be installed in accordance with the manufacturer’s installation instructions and their listing. The fire classification shall comply with Section 1505.1 based on the type of construction of the building. The following section is hereby amended to read as follows: 1507.1.2 Ice barriers An ice barrier shall be installed for asphalt shingles, metal roof shingles, mineral-surfaced roll roofing, slate and slate-type shingles, wood shingles, and wood shakes. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment and extend from the lowest edges of all roof surfaces to a point not less than 24 inches (610 mm) inside the exterior wall line of the building. Exception: Detached accessory structures that do not contain conditioned floor area. The following section is hereby amended to read as follows: 1511.2.3 Weather protection. Provisions such as louvers, louver blades or flashing shall be made to protect the mechanical and electrical equipment and the building interior from the elements. Mechanical units, ducts, piping, or structures installed or replaced on roofs shall be being properly supported by curbs, pads, bases, or piers which shall be flashed to the roofing in a watertight manner. All unsupported sections of mechanical equipment shall be a minimum of twelve (12) inches (304.8 mm) above the plane of the roof so that they will not obstruct the re-roofing process. Mechanical units shall properly connect to heating, air handling, refrigeration, and ventilation equipment, including fans, blowers, and similar types of equipment. Units shall be so located that proper drainage from the roof will not be blocked or impeded. Roof openings surrounded by curbs shall be sheathed over solidly and covered with a minimum of twenty-six (26) gauge metal approved for the use, or of equal material. All seams and mitered corners shall be constructed in a watertight manner. Such curbs shall be a minimum of nine (9) inches (228.6 mm) in height. The following section is hereby amended to read as follows: 1512.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 15 and Section 1202.2. No portion of an existing nonrated roof covering may be permanently replaced or covered with more than one square of nonrated roof covering. Any existing roof covering system may be replaced with a roof covering of the same materials and classification, provided the replacement roof covering has a minimum rating of Class B for buildings located in the Wildfire Hazard Area and a minimum rating of Class C outside the Wildfire Hazard Area. Chapter 16 Structural Design The following section is hereby amended to read as follows: 1602.1 Notations. The following notations are used in this chapter: D = Dead load. Di = Weight of ice in accordance with Chapter 10 of ASCE 7. E = Combined effect of horizontal and vertical earthquake induced forces as defined in Section 12.4 of ASCE 7. F = Load due to fluids with well-defined pressures and maximum heights. Fa = Flood load in accordance with Chapter 5 of ASCE 7. H = Load due to lateral earth pressures, ground water pressure or pressure of bulk materials. L = Live load. Lr = Roof live load. R = Rain load. S = Snow load. T = Cumulative effects of self-straining load forces and effects. Vasd = Allowable stress design wind speed, miles per hour (mph) (km/hr) where applicable. V = Basic design wind speeds, miles per hour (mph) (km/hr) determined in accordance with Section 1609.3. W = Load due to wind pressure. Wi = Wind-on-ice in accordance with Chapter 10 of ASCE 7. The following section is hereby amended by amending Exception #7 to read as follows: Page 18 16 1603.1 General Construction Exception: Construction documents for buildings constructed in accordance with the conventional light-frame construction provisions of Section 2308 shall indicate the following structural design information: 1. Floor and roof dead and live loads. 2. Ground snow load, Pg. 3. Basic design wind speed, V, miles per hour (mph) (km/hr) and allowable stress design wind speed, Vasd, as determined in accordance with Section 1609.3.1 and wind exposure. 4. Seismic design category and site class. 5. Flood design data, if located in flood hazard areas established in Section 1612.3. 6. Design load-bearing values of soils. 7. Risk category. The following section is hereby amended by amending Exception #7 to read as follows: 1603.1.3 Roof snow load data. The ground snow load, Pg, shall be indicated. The following additional information shall also be provided, regardless of whether snow loads govern the design of the roof: 1. Flat-roof snow load, Pf. 2. Snow exposure factor, Ce. 3. Snow load importance factor, Is. 4. Thermal factor, Ct. 5. Slope factor(s), Cs. 6. Drift surcharge load(s), Pd, where the sum of Pd and Pf exceeds 20 psf (0.96 kN/m2). 7. Width of snow drift(s), W The following entry in Table 1604.5 is hereby amended to read as follows (remainder of table unchanged): TABLE 1604.5 RISK CATEGORY OF BUILDINGS AND OTHER STRUCTURES RISK CATEGORY NATURE OF OCCUPANCY III Power-generating stations, communications towers and facilities, water treatment facilities for potable water, wastewater treatment facilities and other public utility facilities not included in Risk Category IV. The following section is amended to read as follows: 1608.2 Ground Snow Loads. The design ground snow load shall comply with the Colorado Design Snow Loads Report and Map, published by the Structural Engineers Association of Colorado (dated May 6, 2015) or the table below. The design roof snow load values shall be determined from Section 1608 of the IBC, including all applicable factors, and loading and drifting considerations of ASCE 7, Chapter 7, but in no case shall the final design roof snow load be less than a uniformly distributed load of 30 psf. EXCEPTION: Greenhouses may take the full load reductions allowed per ASCE 7. Ground Snow Load Table Notes: Ground snow load (Pg) may be linearly interpolated between tabulated values. For ground elevations above 10,000 feet, the ground snow load (Pg) shall be determined from the Colorado Design Snow Loads Report and Map published by the Structural Engineers Association of Colorado (dated May 6, 2015). The following section is hereby amended to read as follows: 1609.3 Basic Design Wind Speed. The basic design wind speed, V, in mph, for the determination of site wind loads shall comply with the Colorado Front Range Gust Map – ASCE 7-10 Compatible, published by the Structural Engineers Association of Colorado (dated November 18, 2013) or the Larimer County Basic Design Wind Speed Map Ground Elevation does not exceed (feet) Ground Snow Load Pg (psf) 5,000 35 6,000 45 6,500 50 7,000 60 8,000 70 9,000 100 10,000 140 Page 19 17 The following section is hereby amended to read as follows: 1609.4 Exposure category. For each wind direction considered, an exposure category that adequately reflects the characteristics of ground surface irregularities shall be determined for the site at which the building or structure is to be constructed. Account shall be taken of variations in ground surface roughness that arise from natural topography and vegetation as well as from constructed features. Wind exposure category shall be Exposure C unless designated otherwise by the design professional based on site-specific conditions and approved by the building official. The following section is hereby amended to read as follows: 1612.1 General. Within flood hazard areas as established by the Town of Estes Park Land Use Code, all new construction of buildings, structures and portions of buildings and structures, including substantial improvement and repair of substantial damage to buildings and structures, shall be designed, and constructed to resist the effects of flood hazards and flood loads. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply. Building construction within the flood hazard area shall comply with the requirements of the Town of Estes Park Land Use Code. The following sections are hereby deleted in their entirety: 1612.2 Design and construction. 1612.3 Establishment of flood hazard areas. 1612.4 Flood hazard documentation. The following section is amended to read as follows: 1613.2 Seismic ground motion values. Except as noted below, seismic ground motion values shall be determined in accordance with this section. Site-specific seismic design values shall be determined from the USGS website https://earthquake.usgs.gov/hazards/designmaps/ For Risk Categories I & II, the following values may be used for design: 0.2 second spectral response acceleration Ss = 0.229g, Site Class D, Seismic Design Category B 1.0 second spectral response acceleration S1 = 0.068g, Site Class D, Seismic Design Category B The following section is hereby amended to read as follows: 1614.1 General. Ice-sensitive structures shall be designed for ½ inch (12.7 mm) atmospheric ice loads (Di) in accordance with Chapter 10 of ASCE 7. Page 20 18 Chapter 18 Soils and Foundations The following section is hereby amended to read as follows: 1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extending a minimum of 30 inches (762 mm) below grade. 2. Constructing in accordance with ASCE 32. 3. Erecting on solid rock. Exception: Free-standing buildings meeting all of the following conditions shall not be required to be protected: 1. Assigned to Risk Category I. 2. Area of 600 square feet (56 m2) or less for light-frame construction or 400 square feet (37 m2) or less for other than light-frame construction. 3. Eave height of 10 feet (3048 mm) or less. Shallow foundations shall not bear on frozen soil unless such frozen condition is of a permanent character. The following section is hereby added to read as follows: 1811 Radon-resistant construction. Newly constructed buildings with I-1, I-2 nursing homes, R-2, R-3, and R-4 occupancies shall provide radon reduction systems complying with the adopted International Residential Code, Appendix AF, as amended by Town of Estes Park. Chapter 21 Masonry The following section is hereby added to read as follows: 2111.15 Fireplace Installation. A. All fireplaces installed in the Restricted Area as defined herein and shown in Figure 2111.15 (Larimer County Fireplace Area Map) shall be one of the following: (i). A gas fireplace or fireplace with a gas log installed and functioning at time of final inspection. (ii). An electric device; or (iii). A fireplace that meets the most current emissions standards for wood stoves established by the Colorado Air Quality Control Commission or any other clean-burning device that is approved by the commission. B. All fireplaces installed prior to January 1, 2002, in the Restricted Area shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such fireplace shall be one of the types specified in Subsection (A) (i), (ii), or (iii). C. Within the Non-restricted Area, fireplaces including but not limited to masonry and factory-built fireplaces shall be allowed without being required to meet the standards in Subsection (A). Page 21 19 FIGURE 2111.15 Larimer County Fireplace Area Map Page 22 20 Chapter 24 Glass and Glazing The following section is hereby amended to read as follows: 2406.4.7 Glazing adjacent to stairway landings. Glazing adjacent to the stair landings where the glazing is less than 36 inches (914 mm) above the landing and within a 60-inch (1524 mm) horizontal arc that is less than 180 degrees (3.14 rad) from the bottom tread nosing shall be considered to be a hazardous location. Exception: Glazing that is protected by a guard complying with Sections 1015 and 1607.9 where the plane of the glass is greater than 18 inches (457 mm) from the guard. Chapter 29 Plumbing Systems The following section is hereby amended to read as follows: Table P2902.1 footnote “e” is revised to read as follows (no other changes to table) e. For business and mercantile classifications with an occupant load of 15 or fewer and storage classifications without plumbing fixtures, a service sink shall not be required. The following section is hereby amended to read as follows: 2902.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: Page 23 21 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer. 4. Separate facilities shall not be required to be designated by sex where single-user toilets rooms are provided in accordance with Section 2902.1.2. 5. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of the International Plumbing Code. Urinals shall be located in an area visually separated from the remainder of the facility or each urinal that is provided shall be located in a stall. The following section is hereby amended to read as follows: 2902.6 Small occupancies. Drinking fountains shall not be required for an occupant load of 25 or fewer. The following chapter is hereby added to read as follows: Chapter 36 Wildfire Hazard Mitigation Requirements 3601 General Purpose. The purpose of this chapter is to establish minimum standards for design and construction of new buildings or portions thereof for the protection of life and property from wildfire hazards. 3601.1 Scope. Within the wildfire hazard area as defined herein and shown in Figure 3601, all new building construction including additions shall comply with the provisions of this chapter. EXCEPTIONS: 1. Sheds, greenhouses, and similar detached accessory structures not exceeding 600 sq. ft. (55.7 m2) in area. 2. Loafing sheds and similar unenclosed agricultural structures of any size FIGURE 3601 LARIMER COUNTY WILDFIRE HAZARD AREA MAP Page 24 22 Page 25 23 3601.2 Alternate Materials and Methods of Compliance. The provisions of this chapter are not intended to prevent the use of any material or method of compliance not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the building official in accordance with Section 104.11. 3602 Definitions. For the purpose of this chapter, certain terms are defined as follows: COMBUSTIBLE - a material that fails to meet the acceptance criteria of Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750°C (ASTM E136). COMBUSTIBLE CONSTRUCTION - a type of construction that does not meet the requirement for noncombustible construction. DEFENSIBLE SPACE - a natural or man-made area, where woody vegetation capable of allowing a fire to spread unchecked has been treated or modified to slow the spread and reduce the intensity of an advancing wildfire, and to create an area for fire suppression operations to occur. FIRE-RESISTIVE CONSTRUCTION - construction designed to resist the spread of fire. FIRE-RESISTIVE RATING - the time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings construction and materials. Page 26 24 FLAME-SPREAD INDEX (FSI) - a relative index describing the surface-burning characteristics of building materials. The test used to establish FSI evaluates the flame spread over the building material surface when exposed to a test fire. The rate at which flame spreads across the specimen is compared on a scale of 0 for inorganic reinforced cement board, to 100 for red oak." The following table identifies the flame-spread index and Flame Spread Classification: Flame Spread Classification Flame Spread Index Class A 0 to 25 Class B 26 to 75 Class C 76 to 200 FUEL - combustible material. NONCOMBUSTIBLE – a material that meets the acceptance criteria of Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750°C (ASTM E136). NONCOMBUSTIBLE CONSTRUCTION - a type of construction in which a degree of fire safety is attained by the use of noncombustible materials for structural members and other building, assemblies. ONE-HOUR FIRE-RESISTIVE CONSTRUCTION – construction that will “withstand the standard fire exposure" for one hour “as determined by a fire test made in conformity with the standard methods of fire tests of building construction and materials". WILDFIRE HAZARD - the relative threat that a wildland fire may cause the destruction of life and improved property. WILDFIRE HAZARD AREA - The area west of a line starting at the intersection of the Wyoming border line and range 69 west, then South nine miles to S.W. corner of section 31, Township 11, Range 69, then West three miles to N.W. corner of Section 3, Township 10, Range 70, then South five miles to S.W. corner of Section 27, Township 10, Range 70, then East three miles to S.W. corner of Section 30, Township 10, Range 69, then South nine miles to S.W. corner of Section 7, Township 8, Range 69, then West one mile to N.W. corner of Section 13, Township 8, Range 70, then South four miles to S.W. corner of Section 36, Township 8, Range 70, then East two miles to N.W. corner of Section 6, Township 7, Range 69, then South three miles to S.W. corner of Section 17, Township 7, Range 69, then East one mile to S.E. corner of Section 17, Township 7, Range 69, then South four miles to S.W. corner of Section 4, Township 6, Range 69, then East one mile to S.E. corner of Section 4, Township 6, range 69, then South four miles to S.W. corner of Section 27, Township 6, Range 69, then West one mile to S.W. corner of Section 28, Township 6, Range 69, then South three miles to intersection of U.S. Highway 34, then West following U.S. Highway 34 two miles to intersection with Range 69 West, then South seven and three quarter miles to S.W. corner of Section 18, Township 4, Range 69, then West one mile to S.W. corner of Section 13, Township 4, Range 70, then South three miles to where the S.W. corner of Section 36, Township 9, Range 70 meets the Boulder County Line. WILDFIRE MITIGATION - action taken to eliminate or reduce the wildfire hazard. 3603 Fire-Resistive Construction. Fire-resistive construction on all new structures shall be one of the following types: 1. One-hour fire-resistive shell providing not less than one-hour fire-resistive construction at all exterior walls, excluding openings and decks. 2. Exterior siding materials with a flame-spread classification of Class C or better. Exterior siding shall be composed entirely of non-combustible materials for a minimum of 4 feet above finished grade. EXCEPTION: Non-combustible siding for the lowest 4 feet is not required if 5 feet or more of non-combustible landscaping material or natural ground cover is provided in accordance with Section 331.6. 3. Log structures using solid logs with a minimum tip diameter of 6 inches (152.4 mm) for exterior wall construction and 8 inches (203.2 mm) for roof beams, purlins and supporting columns. Page 27 25 3604 Defensible Space. Defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in the Wildfire Hazard Area. Any landscaping materials or natural ground cover within 5 feet of the exterior walls of the building shall be non-combustible. For additions equal to or greater than 50% of the total square footage of the original structure, or changes in the occupancy or use of existing buildings that would place the building under the scope of Section 3601.1, defensible space shall be provided around the entire building. EXCEPTION: Five feet of non-combustible landscaping material or natural ground cover is not required if the lowest 4 feet of siding is non-combustible in accordance with Section 3603. 3604.1 Evaluation. Evaluation of the defensible space will be based upon: 1. Current Colorado State Forest Service standards and guidelines, and 2. Site specific vegetation and topographical characteristics. The building official may allow alternatives to the Colorado State Forest Service Standards and Guidelines based on specific site conditions. 3604.2 Completion. The defensible space must be approved prior to issuing a certificate of occupancy. 3605 Liquid Propane Gas. Liquid propane gas facilities installed in the Wildfire Hazard Area shall comply with current county requirements, the International Fire Code and NFPA 58, for installation of such facilities. Liquid propane gas containers and tanks shall be located within the defensible space. 3606 Spark Arresters. Chimneys serving fireplaces, woodstoves, barbecues, incinerators, or decorative heating appliances in which solid fuel or liquid fuel is used, shall be provided with a spark arrestor. Spark arrestors shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch. The net free area of the spark arrestor shall not be less than four times the net free area of the outlet of the chimney. 3607 Fees. Fees shall be assessed in accordance with the adopted Larimer County wildfire assessment and inspection fee schedule. 3608 Appeals. Appeals of interpretations made by the building official relative to the application of this chapter shall be made to the Board of Appeals in accordance with Section 113. 3609 Maintenance. Defensible space areas created as required by this code or other Town of Estes Park ordinances shall be maintained by the property owner. No re-planting or new planting of trees, shrubs or other vegetation that would violate the defensible space requirements of this section shall be permitted. Appendices The following appendix chapters are hereby adopted as part of the 2021 International Building Code: Appendix C. Group U - Agricultural Buildings Appendix E. Supplementary Accessibility Requirements Appendix I. Patio Covers 2021 INTERNATIONAL EXISTING BUILDING CODE (IEBC) Chapter 1 Administration The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Existing Building Code of Town of Estes Park, hereinafter referred to as “this code.” The following section is hereby amended to read as follow: 101.2 Scope. The provisions of this code shall apply to the repair, alteration, change of occupancy, addition to and relocation of existing buildings. Page 28 26 Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, short-term rentals, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. The following section is hereby amended to read as follows: 102.4 Referenced codes and standards. The codes as adopted and amended by Town of Estes Park and standards referenced in this code shall be considered 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. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall govern. The following section is hereby amended to read in its entirety as follows: SECTION 103 CODE COMPLIANCE AGENCY. All items related to Code Compliance Agency shall be as set forth in Section 103 (“Code Compliance Agency”) of the adopted International Building Code (IBC). The following section is hereby amended to read in its entirety as follows: SECTION 104 DUTIES AND POWERS OF CODE OFFICIAL. All items related to Duties and Powers of Code Official shall be as set forth in Section 104 (“Duties and Powers of Code Official”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 105 PERMITS. All items related to Permits shall be as set forth in Section 105 (“Permits”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 106 CONSTRUCTION DOCUMENTS. All items related to Construction Documents shall be as set forth in Section 107 (“Construction Documents”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 107 TEMPORARY STRUCTURES AND USES. All items related to Temporary Structures and Uses shall be as set forth in Section 108 (“Temporary Structures And Uses”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 108 FEES. All items related to Fees shall be as set forth in Section 109 (“Fees”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 109 INSPECTIONS. All items related to Inspections shall be as set forth in Section 110 (“Inspections”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 110 CERTIFICATE OF OCCUPANCY. All items related to Certificate of Occupancy shall be as set forth in Section 111 (“Certificate of Occupancy”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 111 SERVICE UTILITIES. All items related to Service Utilities shall be as set forth in Section 112 (“Service Utilities”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 112 MEANS OF APPEAL. All items related to Means of Appeal shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 113 VIOLATIONS. All items related to Violations shall be as set forth in Section 114 (“Violations”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: Page 29 27 SECTION 114 STOP WORK ORDER. All items related to Stop Work Orders shall be as set forth in Section 115 (“Stop Work Order”) of the adopted IBC. The following section is hereby amended by adding definitions to read as follows: SECTION 202 GENERAL DEFINITIONS INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. NON-RESTRICTED AREA. That part of unincorporated Larimer County located west of Range 71 or north of the north half of Township 10, and east of Range 72 as shown on the Larimer County Fireplace Area Map. FIREPLACE RESTRICTED AREA. That part of unincorporated Larimer County located outside the Non-restricted Area as shown on the Larimer County Fireplace Area Map. WILDFIRE HAZARD AREA - The area west of a line starting at the intersection of the Wyoming border line and range 69 west, then South nine miles to S.W. corner of section 31, Township 11, Range 69, then West three miles to N.W. corner of Section 3, Township 10, Range 70, then South five miles to S.W. corner of Section 27, Township 10, Range 70, then East three miles to S.W. corner of Section 30, Township 10, Range 69, then South nine miles to S.W. corner of Section 7, Township 8, Range 69, then West one mile to N.W. corner of Section 13, Township 8, Range 70, then South four miles to S.W. corner of Section 36, Township 8, Range 70, then East two miles to N.W. corner of Section 6, Township 7, Range 69, then South three miles to S.W. corner of Section 17, Township 7, Range 69, then East one mile to S.E. corner of Section 17, Township 7, Range 69, then South four miles to S.W. corner of Section 4, Township 6, Range 69, then East one mile to S.E. corner of Section 4, Township 6, range 69, then South four miles to S.W. corner of Section 27, Township 6, Range 69, then West one mile to S.W. corner of Section 28, Township 6, Range 69, then South three miles to intersection of U.S. Highway 34, then West following U.S. Highway 34 two miles to intersection with Range 69 West, then South seven and three quarter miles to S.W. corner of Section 18, Township 4, Range 69, then West one mile to S.W. corner of Section 13, Township 4, Range 70, then South three miles to where the S.W. corner of Section 36, Township 9, Range 70 meets the Boulder County Line. Page 30 28 Larimer County Fireplace Area Map Page 31 29 The following section is hereby amended to read as follows: 301.3 Alteration, addition or change of occupancy. The alteration, addition or change of occupancy of all existing buildings shall comply with Section 301.3.2. The following section is hereby deleted in its entirety: 301.3.1 Prescriptive compliance method. The following section is hereby deleted in its entirety: 301.3.3 Performance compliance method. The following section is hereby amended to read as follows: 307.1 Smoke alarms. Where an alteration, addition, change of occupancy or relocation of a building is made to an existing building or structure of a Group R and I-1 occupancy, the existing building shall be provided with smoke alarms in accordance with the International Fire Code or Section R314 of the International Residential Code. Exception: Work classified as Level 1 Alterations in accordance with Chapter 7, other than installation, alteration, or repairs of plumbing or mechanical systems. The following section is hereby amended to read as follows: 308.1 Carbon monoxide detection. Where an addition, alteration, change of occupancy or relocation of a building is made to Group I-1, I-2, I-4 and R occupancies and classrooms of Group E occupancies, the existing building shall be provided with carbon monoxide detection in accordance with the International Fire Code or Section R315 of the International Residential Code. Exceptions: Page 32 30 1. Work involving the exterior surfaces of buildings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of porches or decks. 2. Work classified as Level 1 Alterations in accordance with Chapter 7, other than installation, alteration, or repairs of plumbing or mechanical systems. The following section is hereby deleted in its entirety: CHAPTER 5 PRESCRIPTIVE COMPLIANCE METHOD The following section is hereby amended to read as follows: 1011.5.6 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031 of the International Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following: 1. An existing operable window shall provide a minimum net clear opening of 5 square feet ( .47 m2) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm). 2. A replacement window where such window complies with both of the following: 2.1. The replacement window meets the size requirements in Item 1. 2.2. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. The following section is hereby deleted in its entirety: CHAPTER 13 PERFORMANCE COMPLIANCE METHODS The following section is hereby added to read as follows (existing section 1402.7 is renumbered as 1402.10): 1402.7 Wildfire hazard area. If relocated or moved into a wildfire hazard area, structures shall comply with Chapter 36 of the International Building Code, or Section R331 of the International Residential Code, as applicable. The following section is hereby added to read as follows: 1402.8 Fireplace restricted area. If relocated or moved into a Fireplace Restricted Area, structures shall comply with Section 2111.15 of the International Building Code, or Section R1001.1.1 of the International Residential Code, as applicable. The following section is hereby added to read as follows: 1402.9 Moved manufactured or mobile homes. Where manufactured or mobile homes are to be located at or above 6,000 feet (1829 m) elevation, or in areas where ultimate design wind speeds equal or exceed 140 mph (225 km/h), the permit holder shall install or take snow and wind mitigation measures pre-approved by the Town of Estes Park Building Division. Such measures may include independent, engineered structural roof systems capable or resisting the site design snow load, approved snow removal plans, engineered wind fences, or other engineered site- specific designs considering prevailing winds, exposure, topography, trees and other relevant natural features. The following section is hereby amended to read as follows: 1402.10 Required inspection and repairs. The code official shall be authorized to inspect, or to require approved professionals to inspect at the expense of the owner, the various structural parts of a relocated building to verify that structural components and connections have not sustained structural damage. Any repairs required by the code official as a result of such inspection shall be made prior to the final approval. 2021 INTERNATIONAL FUEL GAS CODE (IFGC) Chapter 1 Administration The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fuel Gas Code of Town of Estes Park, hereinafter referred to as “this code.” The following section is hereby amended to read as follows: 101.2 Scope. This code shall apply to the installation of fuel-gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories in accordance with Sections 101.2.1 through 101.2.5. Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, short-term rentals, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code. Page 33 31 The following section is hereby amended to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and such codes as adopted and amended by Town of Estes Park and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer’s installation instructions shall apply. The following section is hereby amended to read in its entirety as follows: SECTION 103 CODE COMPLIANCE AGENCY. All items related to Code Compliance Agency shall be as set forth in Section 103 (“Code Compliance Agency”) of the adopted International Building Code (IBC). The following section is hereby amended to read in its entirety as follows: SECTION 104 DUTIES AND POWERS OF CODE OFFICIAL. All items related to Duties and Powers of Code Official shall be as set forth in Section 104 (“Duties and Powers of Code Official”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 105 APPROVAL. All items related to Approval shall be as set forth in Sections 104.10 through 104.11.2 (“Modifications” through “Tests”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 106 PERMITS. All items related to Permits shall be as set forth in Section 105 (“Permits”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 107 CONSTRUCTION DOCUMENTS. All items related to Construction Documents shall be as set forth in Section 107 (“Construction Documents”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 109 FEES. All items related to Fees shall be as set forth in Section 109 (“Fees”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 110 SERVICE UTILITIES. All items related to Service Utilities shall be as set forth in Section 112 (“Service Utilities”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 111 TEMPORARY STRUCTURES AND USES. All items related to Temporary Structures and Uses shall be as set forth in Section 108 (“Temporary Structures and Uses”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 112 INSPECTIONS AND TESTING. All items related to Inspections and Testing shall be as set forth in Section 110 (“Inspections”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 113 MEANS OF APPEAL. All items related to Means of Appeal shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 114 BOARD OF APPEALS. All items related to Board of Appeals shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 115 VIOLATIONS. All items related to Violations shall be as set forth in Sections 114 (“Violations”), 112.3 (“Authority to disconnect utility services”) and 116 (“Unsafe Structures and Equipment”) of the adopted IBC. Page 34 32 The following section is hereby amended to read in its entirety as follows: SECTION 116 STOP WORK ORDER. All items related to Stop Work Orders shall be as set forth in Section 115 (“Stop Work Order”) of the adopted IBC. The following section is hereby amended by adding a definition to read as follows: SECTION C202 GENERAL DEFINITIONS INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. Chapter 3 General Regulations The following section is hereby amended to read as follow: 303.3 Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except where the installation complies with one of the following: 1. The appliance is a direct-vent appliance installed in accordance with the conditions of the listing and the manufacturer’s instructions. 2. Vented room heaters, wall furnaces, vented decorative appliances, vented gas fireplaces, vented gas fireplace heaters and decorative appliances for installation in vented solid fuel-burning fireplaces are installed in rooms that meet the required volume criteria of Section 304.5. 3. The appliance is installed in a room or space that opens only into a bedroom or bathroom, and such room or space is used for no other purpose and is provided with a solid weather-stripped door equipped with an approved selfclosing device. Combustion air shall be taken directly from the outdoors in accordance with Section 304.6. 4. A clothes dryer is installed in a residential bathroom or toilet room having a permanent opening with an area of not less than 100 square inches (.06 m2) that communicates with a space outside of a sleeping room, bathroom, toilet room or storage closet. Chapter 4 Gas Piping Installation The following section is hereby amended to read as follows: 404.12 Minimum burial depth. Underground piping systems shall be installed a minimum of 18 24 inches (457 mm) below grade, except as provided in Section 404.12.1. The following section is hereby amended to read as follows: 404.12.1 Individual outside appliances. Individual lines to outside lights, grills, or other appliances shall be installed not less than 18 inches (457 mm) below finished grade. Exception: Approved materials installed a minimum of 6 inches (152 mm) below finished grade when covered with a minimum 4-inch-thick (101.6 mm) concrete slab. The following section is hereby amended to read as follows: 406.4.1 Test pressure. The test pressure to be used shall be 10 psi for non-welded pipe for natural gas, 30 psi for liquid propane gas. Exception: One-piece tubing without joints other than at regulators are not required to be tested during inspection. The following section is hereby amended to read as follows: 409.5.1 Located within same room. The shutoff valve shall be located in the same room as the appliance. The shutoff valve shall be within 6 feet (1829 mm) of the appliance, and shall be installed upstream of the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access. Shutoff valves serving movable appliances, such as cooking appliances and clothes dryers, shall be considered to be provided with access where installed behind such appliances. Appliance shutoff valves located in the firebox of a fireplace shall be installed in accordance with the appliance manufacturer’s instructions and shall have a secondary shutoff outside the firebox. The following section is hereby amended to read as follows: 410.3 Venting of regulators. Pressure regulators that require a vent shall have an independent vent to the outside of the building. The vent shall terminate at least 3 feet (914 mm) from any openings into the building. The vent shall be designed to prevent the entry of insects, water, or foreign objects. Page 35 33 Chapter 5 Chimneys and Vents The following section is hereby amended to read as follows: 501.8 Appliances not required to be vented. The following appliances shall not be required to be vented: 1. Electric ranges. 2. Electric built-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section 614). 5. A single booster-type automatic instantaneous water heater, where designed and used solely for the sanitizing rinse requirements of a dishwashing machine, provided that the heater is installed in a commercial kitchen having a mechanical exhaust system. Where installed in this manner, the draft hood, if required, shall be in place and unaltered and the draft hood outlet shall be not less than 36 inches (914 mm) vertically and 6 inches (152 mm) horizontally from any surface other than the heater. 6. Refrigerators. 7. Counter appliances. 8. Direct-fired makeup air heaters. 9. Specialized appliances of limited input such as laboratory burners and gas lights. Where the appliances listed in Items 5 through 11 are installed so that the aggregate input rating exceeds 20 British thermal units (Btu) per hour per cubic foot (207 watts per m3) of volume of the room or space in which such appliances are installed, one or more shall be provided with venting systems or other approved means for conveying the vent gases to the outdoor atmosphere so that the aggregate input rating of the remaining unvented appliances does not exceed 20 Btu per hour per cubic foot (207 watts per m3). Where the room or space in which the appliance is installed is directly connected to another room or space by a doorway, archway or other opening of comparable size that cannot be closed, the volume of such adjacent room or space shall be permitted to be included in the calculations. The following section is hereby amended to read as follows: 503.1 General. The venting of appliances shall be in accordance with Sections 503.2 through 503.16. Vents shall terminate 12” (305 mm) minimum above anticipated snow level and a minimum of 22 inches (559 mm) above the surface or grade directly below. The following section is hereby amended to read as follows: 503.4.1 Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or shall be listed and labeled in accordance with UL 1738. Where installed as an exhaust vent for a gas-fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure by the installer prior to being connected to the water heater. Chapter 6 Specific Appliances The following section is hereby amended to read as follows: 614.4.1 Terminal location. Exhaust duct terminations shall be in accordance with the dryer manufacturer's installation instructions and not less than 3 feet (914 mm) in any direction from openings into buildings, including openings in ventilated soffits. The following section is hereby amended to read as follows: 614.9.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1219 mm) intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Ducts shall not be joined with screws or similar fasteners. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. The following section is hereby amended to read as follows: 614.9.4 Duct length. The maximum allowable exhaust duct length shall be determined by one of the methods specified in Section 614.9.4.1 through 614.9.4.2. Page 36 34 The following section is hereby deleted in its entirety: 614.9.4.2 Manufacturer’s instructions. The following section is hereby amended to read as follows: 614.9.4.2 Dryer exhaust duct power ventilator length. The maximum length of the exhaust duct shall be determined by the dryer exhaust duct power ventilator manufacturer’s installation instructions. The following section is deleted in its entirety as follows: 621 UNVENTED ROOM HEATERS The following section is hereby added to read as follows: 623.3.1 Kitchens with gas cooking appliances. In new construction, kitchens with gas cooking appliances shall be supplied with an exhaust system vented to the outside in accordance with Chapter 5. Ducts serving kitchen exhaust systems shall not terminate in an attic, crawl space or areas inside the building and shall not induce or create a negative pressure in excess of negative 3 Pa or adversely affect gravity-vented appliances. The following section is hereby amended to read as follows: 630.3 Combustion and ventilation air. Unvented infrared heaters shall not be installed. Page 37 35 2021 INTERNATIONAL MECHANICAL CODE AMENDMENTS (IMC) Chapter 1 Administration The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Mechanical Code of Town of Estes Park, hereinafter referred to as “this code.” The following section is hereby amended to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in Chapter 15 and such codes as adopted and amended by Town of Estes Park 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 102.8.1 and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and the manufacturer’s installation instructions shall apply. The following section is hereby amended to read in its entirety as follows: SECTION 103 CODE COMPLIANCE AGENCY. All items related to Code Compliance Agency shall be as set forth in Section 103 (“Code Compliance Agency”) of the adopted International Building Code (IBC). The following section is hereby amended to read in its entirety as follows: SECTION 104 DUTIES AND POWERS OF CODE OFFICIAL. All items related to Duties and Powers of Code Official shall be as set forth in Section 104 (“Duties and Powers of Code Official”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 105 APPROVAL. All items related to Approval shall be as set forth in Sections 104.10 through 104.11.2 (“Modifications” through “Tests”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 106 PERMITS. All items related to Permits shall be as set forth in Section 105 (“Permits”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 107 TEMPORARY STRUCTURES AND USES. All items related to Temporary Structures and Uses shall be as set forth in Section 108 (“Temporary Structures and Uses”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 108 INSPECTIONS AND TESTING. All items related to Inspections and Testing shall be as set forth in Section 110 (“Inspections”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 109 FEES. All items related to Fees shall be as set forth in Section 109 (“Fees”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 110 CONSTRUCTION DOCUMENTS. All items related to Construction Documents shall be as set forth in Section 107 (“Construction Documents”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 112 SERVICE UTILITIES. All items related to Service Utilities shall be as set forth in Section 112 (“Service Utilities”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 113 STOP WORK ORDER. All items related to Stop Work Orders shall be as set forth in Section 115 (“Stop Work Order”) of the adopted IBC. Page 38 36 The following section is hereby amended to read in its entirety as follows: SECTION 114 MEANS OF APPEAL. All items related to Means of Appeal shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 115 VIOLATIONS. All items related to Violations shall be as set forth in Sections 114 (“Violations”), 112.3 (“Authority to disconnect utility services”) and 116 (“Unsafe Structures and Equipment”) of the adopted IBC. Chapter 2 Definitions The following section is hereby amended by adding definitions to read as follows: SECTION 202 GENERAL DEFINITIONS FIREPLACE INSERT: A wood burning device designed to be installed in an existing fireplace. INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. WOOD STOVE: An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. Chapter 5 Exhaust Systems The following section is hereby amended to read as follows: 504.4.1 Termination location. Exhaust duct terminations shall be in accordance with the dryer manufacturer's installation instructions and not less than 3 feet (914 mm) in any direction from openings into buildings, including openings in ventilated soffits. The following section is hereby amended to read as follows: 504.9.4 Duct length. The maximum allowable exhaust duct length shall be determined by one of the methods specified in Sections 504.9.4.1 through 504.9.4.2. The following section is hereby deleted in its entirety: 504.9.4.2 Manufacturer’s instructions. The following section is hereby amended to read as follows: 504.9.4.2. Dryer exhaust duct power ventilator length. The maximum length of the exhaust duct shall be determined by the dryer exhaust duct power ventilator manufacturer’s installation instructions. Chapter 6 Duct Systems The following section is hereby amended by adding one sentence at the beginning to read as follows: 601.5 Return air openings. A return air path shall be provided in all habitable rooms by means of ducts or transfer grills Return air openings for heating, ventilation and air-conditioning systems shall comply with all of the following: [Items 1 through 8 and the Exceptions are unchanged.] The following section is hereby amended in its entirety to read as follows: 602.3 Stud cavity and joist space plenums. Stud wall cavities and the spaces between solid floor joists shall not be utilized as air plenums. The following section is hereby amended by adding this conversion chart below to read as follows: Table 603.4 DUCT CONSTRUCTION MINIMUM SHEET METAL THICKNESS FOR SINGLE DWELLING UNITSa Page 39 37 Thickness (inches) .013 .016 .018 .019 .023 .024 .027 .034 Galvanized Steel (gauge) 32 30 28 28 25 25 24 21 Aluminum (gauge) 28 26 25 24 23 22 21 19 For SI: 1 inch = 25.4 mm, 1-inch water gauge = 249 Pa. a. Ductwork that exceeds 20 inches by dimension or exceeds a pressure of 1-inch water gauge shall be constructed in accordance with SMACNA HVAC Duct Construction Standards—Metal and Flexible. Chapter 8 Chimneys and Vents The following section is hereby added to read as follows: 802.6.1 Minimum vent height above snow level. Vents shall terminate 12” (305 mm) minimum above anticipated snow level and a minimum of 22 inches (559 mm) above the surface or grade directly below. Chapter 9 Specific Appliances, Fireplaces, and Solid Fuel-Burning Equipment The following section is hereby added to read as follows: 901.5 Installation A. All fireplaces installed in the Restricted Area (Figure 901.5 Larimer County Fireplace Area Map) shall be one of the following: (i). A gas fireplace or fireplace with a gas log installed and functioning at time of final inspection. (ii). An electric device; or (iii). A fireplace that meets the most current emissions standards for wood stoves established by the Colorado Air Quality Control Commission, or any other clean-burning device that is approved by the commission. B. All fireplaces installed prior to January 1, 2002, in the Restricted Area shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such fireplace shall be one of the types specified in Subsection (A) (i), (ii), or (iii). C. Within the Non-restricted Area, fireplaces including but not limited to masonry and factory-built fireplaces shall be allowed without being required to meet the standards in Subsection (A). The following section is hereby amended to read as follows: 903.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL 127. Factory-built fireplaces shall comply with Section 901.5. The following section is hereby amended to read as follows: 905.1 General. Fireplace stoves and solid-fuel-type room heaters shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Fireplace stoves shall be tested in accordance with UL 737. Solid- fueltype room heaters shall be tested in accordance with UL 1482. Fireplace inserts intended for installation in fireplaces shall be listed and labeled in accordance with the requirements of UL 1482 and shall be installed in accordance with the manufacturer’s instructions. New wood-burning residential hydronic heaters shall be EPA certified. Wood-burning appliances shall meet the latest emission standards as established by the State of Colorado and Federal Regulation 40 CFR Part 60, Subpart AAA. Page 40 38 FIGURE 901.5 Larimer County Fireplace Area Map Page 41 39 2021 INTERNATIONAL PLUMBING CODE (IPC) Chapter 1 Administration The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the International Plumbing Code of Town of Estes Park hereinafter referred to as “this code.” The following section is hereby amended to read as follows: 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 15 and such codes as adopted and amended by Town of Estes Park 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 102.8.1 and 102.8.2. The following section is hereby amended to read in its entirety as follows: SECTION 103 CODE COMPLIANCE AGENCY. All items related to Code Compliance Agency shall be as set forth in Section 103 (“Code Compliance Agency”) of the adopted International Building Code (IBC). The following section is hereby amended to read in its entirety as follows: SECTION 104 DUTIES AND POWERS OF CODE OFFICIAL. All items related to Duties and Powers of Code Official shall be as set forth in Section 104 (“Duties and Powers of Code Official”) of the adopted IBC. Page 42 40 The following section is hereby amended to read in its entirety as follows: SECTION 105 APPROVAL. All items related to Approval shall be as set forth in Sections 104.10 through 104.11.2 (“Modifications” through “Tests”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 106 PERMITS. All items related to Permits shall be as set forth in Section 105 (“Permits”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 107 TEMPORARY STRUCTURES AND USES. All items related to Temporary Structures and Uses shall be as set forth in Section 108 (“Temporary Structures and Uses”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 108 INSPECTIONS AND TESTING. All items related to Inspections and Testing shall be as set forth in Section 110 (“Inspections”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 109 FEES. All items related to Fees shall be as set forth in Section 109 (“Fees”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 110 CONSTRUCTION DOCUMENTS. All items related to Construction Documents shall be as set forth in Section 107 (“Construction Documents”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 112 SERVICE UTILITIES. All items related to Service Utilities shall be as set forth in Section 112 (“Service Utilities”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 113 STOP WORK ORDER. All items related to Stop Work Orders shall be as set forth in Section 115 (“Stop Work Order”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 114 MEANS OF APPEAL. All items related to Means of Appeal shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 115 VIOLATIONS. All items related to Violations shall be as set forth in Sections 114 (“Violations”), 112.3 (“Authority to disconnect utility services”) and 116 (“Unsafe Structures and Equipment”) of the adopted IBC. Chapter 2 Definitions The following section is hereby amended by adding a definition to read as follows: SECTION 202 GENERAL DEFINITIONS INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. . Chapter 3 General Regulations The following section is hereby amended to read as follows: 305.4.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be not less than 12” below finished grade and comply with State of Colorado and Larimer County Department of Health and Environment Regulations. The following section is hereby amended to read as follows: 312.1 Required tests. The permit holder shall make the applicable tests prescribed in Sections 312.2 through 312.10 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to Page 43 41 the code official when the plumbing work is ready for tests. The equipment, material, power and labor necessary for the inspection and test shall be furnished by the permit holder and he or she shall be responsible for determining that the work will withstand the test pressure prescribed in the following tests. Plumbing system piping shall be tested with either water or by air. After the plumbing fixtures have been set and their traps filled with water, the entire drainage system shall be submitted to final tests. The code official shall require the removal of any cleanouts if necessary to ascertain whether the pressure has reached all parts of the system. The following section is hereby amended by deleting the first sentence to read as follows: 312.3 Drainage and vent air test. An air test shall be made by forcing air into the system until there is a uniform gauge pressure of 5 psi (34.5 kPa) or sufficient to balance a 10-inch (254 mm) column of mercury. This pressure shall be held for a test period of not less than 15 minutes. Any adjustments to the test pressure required because of changes in ambient temperatures or the seating of gaskets shall be made prior to the beginning of the test period. Chapter 4 Fixtures, Faucets and Fixture Fittings The following section is hereby amended by changing footnote e to read as follows: TABLE 403.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES e. For business and mercantile classifications with an occupant load of 15 or fewer and storage classifications without plumbing fixtures, a service sink shall not be required. The following section is hereby amended to read as follows: 403.2 Separate facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer. 4. Separate facilities shall not be required to be designated by sex where single-user toilets rooms are provided in accordance with Section 403.1.2. 5. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4. Urinals shall be located in an area visually separated from the remainder of the facility or each urinal that is provided shall be located in a stall. The following section is hereby amended to read as follows: 409.4 Residential dishwasher waste connection. The waste connection of a residential dishwasher shall connect directly to a wye branch fitting on the tailpiece of the kitchen sink, directly to the dishwasher connection of a food waste disposer, or through an air break to a standpipe. The waste line of a residential dishwasher shall rise and be securely fastened to the underside of the sink rim or countertop. Residential dishwashers may be connected to a separately trapped standpipe provided with an air break as shown in Figure 409. Page 44 42 FIGURE 409 The following section is hereby amended to read as follows: 410.2 Small occupancies. Drinking fountains shall not be required for an occupant load of 25 or fewer. The following section is hereby amended to read as follows: 421.4.1 Floor and wall area. Bathtub floors, shower floors, wall areas above built-in tubs that have installed shower heads and walls in shower compartments shall be constructed of smooth, corrosion-resistant, and nonabsorbent waterproof materials. Wall materials shall extend to a height of not less than 6 feet (1829 mm) above the room floor level, and not less than 72 inches (1828 mm) above the drain of the tub or shower. Such walls shall form a watertight joint with each other and with either the tub or shower floor. The following section is hereby added to read as follows: 421.7 Shower head location. Showerheads shall be located on the sidewall of shower compartments or be arranged so the shower head does not discharge directly at the entrance to the compartment and the bather can adjust the valve prior to stepping into the shower spray. Exception: Roll-in showers installed in accordance with ICC A117.1-17 standards. The following section is hereby added to read as follows: 421.8 Shower valve location. A shower or tub/shower control valve shall be installed only where the spout and/or shower head discharges into an approved tub or shower compartment. Exception: Emergency showers. Chapter 6 Water Supply and Distribution The following section is hereby amended by deleting the exception in its entirety to read as follows: 605.15.2 Solvent cementing. Joint surfaces shall be clean and free from moisture, and an approved primer shall be applied. Solvent cement, orange in color and conforming to ASTM F493, shall be applied to joint surfaces. The joint shall be made while the cement is wet, and in accordance with ASTM D2846 or ASTM F493. Solvent cement joints shall be permitted above or below ground. Chapter 7 Sanitary Drainage The following section is hereby amended to read as follows: 701.2 Connection to sewer required. Sanitary drainage piping from plumbing fixtures in buildings and sanitary drainage piping systems from premises shall be connected to a public sewer. Where a public sewer is not available, the sanitary drainage piping and systems shall be connected to a private sewage disposal system in compliance with state or local requirements. Exception: Graywater systems shall comply with Larimer County Department of Health and Environment regulations. The following section is hereby amended by deleting the exception in its entirety to read as follows: Page 45 43 705.10.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple primer that conforms to ASTM F656 shall be applied. Solvent cement not purple in color and conforming to ASTM D2564, CSA B137.3, CSA B181.2 or CSA B182.1 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D2855. Solvent-cement joints shall be permitted above or below ground. The following section is hereby amended to read as follows: 708.3 Building drain and building sewer junction. The junction of the building drain and the building sewer shall be served by a cleanout that is located at the junction or within 10 feet (3048 mm) of the developed length of piping upstream of the junction. For the requirements of this section, the removal of the water closet shall not be required to provide cleanout access. When the cleanout is installed at the junction of the building drain and building sewer, it shall be an approved two-way fitting with a single riser not to exceed 4 feet (1219 mm) in depth, or a two-riser cleanout using back-to-back combination fittings or equal of schedule 40 material. Chapter 9 Vents The following section is hereby amended to read as follows: 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 6 inches (152 mm) above the roof. Chapter 13 Non-potable Water Systems The following section is hereby amended to read as follows: 1301.1 General. Larimer County Department of Health and Environment regulations shall govern the materials, design, construction and installation of systems for the collection, storage, treatment and distribution of nonpotable water. The following section is hereby amended to read in its entirety as follows: SECTION 103 CODE COMPLIANCE AGENCY. All items related to Code Compliance Agency shall be as set forth in Section 103 (“Code Compliance Agency”) of the adopted International Building Code (IBC). The following section is hereby amended to read in its entirety as follows: SECTION 104 FEES. All items related to Fees shall be as set forth in Section 109 (“Fees”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 105 DUTIES AND POWERS OF CODE OFFICIAL. All items related to Duties and Powers of Code Official shall be as set forth in Section 104 (“Duties and Powers of Code Official”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 106 APPROVAL. All items related to Approval shall be as set forth in Sections 104.10 through 104.11.2 (“Modifications” through “Tests”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 107 MEANS OF APPEAL. All items related to Means of Appeal shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 108 BOARD OF APPEALS. All items related to Board of Appeals shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 110 STOP WORK ORDER. All items related to Stop Work Orders shall be as set forth in Section 115 (“Stop Work Order”) of the adopted IBC. The following section is hereby amended to read as follows: 111.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official or Health Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in Page 46 44 disrepair, lacks maintenance, is insanitary, is vermin or rat infested, contains filth and contamination, lacks sanitary facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. The following section is hereby amended to read as follows: 111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part that was erected, altered or occupied contrary to law. The following section is hereby amended to read as follows: 111.1.5 Dangerous structure. For the purpose of this code, any structure that has any or all of the conditions or defects described as follows shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide sage and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance, or ornamentation on the exterior therefor that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal, or movement of some portion of the ground necessary for the support, or for any other reasons, is likely to partially or completely collapse or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed or exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. Any building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, or otherwise, is determined by the code official or Health Official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. The following section is hereby amended to read as follows: 111.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structure collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within in the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate or may be made a personal obligation of the person causing the violation, whichever the legislative body of this jurisdiction shall determine is appropriate, and shall be collected by any other legal resource. The following section is hereby amended to read as follows: 113.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either Page 47 45 through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, or the cost may be made a personal obligation of the person causing the violation, whichever the legislative body of this jurisdiction shall determine is appropriate based on the specific situation at the time. Chapter 2 Definitions The following section is hereby amending by adding or amending definitions to read as follows: SECTION 202 GENERAL DEFINITIONS CODE OFFICIAL. The building official who is charged with the administration and enforcement of this code, or any duly authorized representative. HEALTH OFFICIAL. Employee of the Larimer County Department of Health and Environment, state or federal official duly authorized to enforce environmental or public health regulations. INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. CHAPTER 3 is hereby deleted in its entirety. GENERAL REQUIREMENTS CHAPTER 4 is hereby deleted in its entirety. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS CHAPTER 5 is hereby deleted in its entirety. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS CHAPTER 6 is hereby deleted in its entirety. MECHANICAL AND ELECTRICAL REQUIREMENTS CHAPTER 7 is hereby deleted in its entirety. FIRE SAFETY REQUIREMENTS CHAPTER 8 is hereby amended in its entirety to read as follows: REFERENCED STANDARDS ICC International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001 IBC-21: International Building Code, pages 102.3, 201.3 IEBC-21: International Existing Building Code, pages 102.3, 201.3 IFGC-21: International Fuel Gas Code, pages102.3, 201.3 IMC-21: International Mechanical Code, pages 102.3, 201.3 IPC-21: International Plumbing Code, pages 102.3, 201.3 IRC-21: International Residential Code, pages 102.3, 201.3 Page 48 46 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC) Chapter 1 Administration The following section is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of Town of Estes Park, hereinafter referred to as “this code.” The following section is hereby amended to read as follows: 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation facilities, pools, and spas. The pools and spas covered by this code are either permanent or temporary and shall be only those that are designed and manufactured to be connected to a circulation system and that are intended for swimming, bathing, or wading. Exception: All pools that are 24” deep or greater shall comply with Section 305 “Barrier Requirements.” The following section is hereby amended to read as follows: 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 11 and such codes as adopted and amended by Town of Estes Park and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall be the minimum requirements. The following section is hereby amended to read in its entirety as follows: SECTION 103 CODE COMPLIANCE AGENCY. All items related to Code Compliance Agency shall be as set forth in Section 103 (“Code Compliance Agency”) of the adopted International Building Code (IBC). The following section is hereby amended to read in its entirety as follows: SECTION 104 DUTIES AND POWERS OF CODE OFFICIAL. All items related to Duties and Powers of Code Official shall be as set forth in Section 104 (“Duties and Powers of Code Official”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 105 PERMITS. All items related to Permits shall be as set forth in Section 105 (“Permits”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 106 CONSTRUCTION DOCUMENTS. All items related to Construction Documents shall be as set forth in Section 107 (“Construction Documents”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 108 FEES. All items related to Fees shall be as set forth in Section 109 (“Fees”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 109 SERVICE UTILITIES. All items related to Service Utilities shall be as set forth in Section 112 (“Service Utilities”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 110 INSPECTIONS. All items related to Inspections shall be as set forth in Section 110 (“Inspections”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 111 MEANS OF APPEAL. All items related to Means of Appeal shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 112 BOARD OF APPEALs. All items related to Board of Appeals shall be as set forth in Section 113 (“Means of Appeal”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: Page 49 47 SECTION 113 VIOLATIONS. All items related to Violations shall be as set forth in Sections 114 (“Violations”), 112.3 (“Authority to disconnect utility services”) and 116 (“Unsafe Structures and Equipment”) of the adopted IBC. The following section is hereby amended to read in its entirety as follows: SECTION 114 STOP WORK ORDER. All items related to Stop Work Orders shall be as set forth in Section 115 (“Stop Work Order”) of the adopted IBC. Chapter 2 Definitions The following section is hereby amending by adding a definition to read as follows: SECTION 202 GENERAL DEFINITIONS INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within the Estes Valley Fire District. Chapter 3 General Compliance The following section is hereby amended in its entirety to read as follows: 304.2 General. Pools and spas located in flood hazard areas indicated within the International Building Code or the International Residential Code shall comply with the Town of Estes Park Land Use Code. Chapter 4 Public Swimming Pools The following section is hereby amended in its entirety to read as follows: 403.1 Maximum bather load. The maximum bather occupant load of pools shall be in accordance with International Building Code Section 1004. Page 50 1 Amendments to the 2021 International Residential Code WHEREAS, the Chief Building Official of Town of Estes Park, the Board of Appeals, and the Town of Estes Park Planning Division have recommended that the Town of Estes Park Trustees adopt the 2021 International Residential Code named above with certain amendments, concurrent with the repealing of those portions of the currently adopted 2015 International Residential Code that is to be superseded by the 2021 International Residential Code; and WHEREAS, the said Board has found that said adoption would be in the best interest of the people of Town of Estes Park, including the protection of the public’s health, safety, and welfare, and after a duly publicized public hearing on this matter. NOW, THEREFORE, BE IT RESOLVED, that the 2021 International Residential Code, as amended below, is hereby adopted and shall be part of the Town of Estes Park Building Code effective January 1st, 2024. The 2015 International Residential Code and its amendments are hereby repealed. IT IS FURTHER RESOLVED that the Deputy Clerk of this Board shall forthwith cause a certified copy of this resolution with revised amendments to be filed with the Clerk and Recorder for the County of Larimer. Dated this BOARD OF COMMISSIONERS OF Town OF ESTES PARK COLORADO By: ___________________ Chairman Date: _____________________ (SEAL) ATTEST: _____________________________________ Deputy Clerk ________________________ Town Attorney APPROVED AS TO FORM Attachment 2 Page 51 2 2021 INTERNATIONAL RESIDENTIAL CODE (IRC) CHAPTER 1 SCOPE AND ADMINISTRATION The following section is hereby amended to read as follows: R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of Town of Estes Park and shall be cited as such and will be referred to herein as “this code.” The following section is hereby amended to read as follows: R101.2 Scope. Exceptions: The following shall be permitted to be constructed in accordance with this code: 1. Live/work units complying with the requirements of Section 508.5 of the International Building Code. 2. Owner-occupied lodging houses with five or fewer guestrooms where complying with Sections R332.2 through R332.2.14 and R332.3. 3. A care facility with five or fewer persons receiving custodial or medical care within a dwelling unit, where provided with an automatic sprinkler system complying with Section P2904 or International Building Code Section 903.2.8. 4. Resort lodge cottages not exceeding 10 occupants, where complying with Sections R332.2 through R332.2.14 and R332.3 5. Short-term rentals. 6. Family childcare homes complying with Appendix M and Colorado state licensing requirements. The following section is hereby amended to read as follows: R102.4 Referenced codes and standards. The codes as adopted and amended by Town of Estes Park and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply. The following section is hereby amended to read as follows: R103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof shall be known as the Chief Building Official, hereinafter referred to as the building official. The following section is hereby amended to read as follows: R103.2 Appointment. The building official shall be appointed by the Community Development Department Director. The following section is hereby amended to read in its entirety as follows (items 1 through 5 are deleted): R104.10.1 Flood Hazard areas. The County Engineer shall not grant modifications to any provisions required in flood hazard areas as established by the Town of Estes Park Land Use Code without the granting of a variance to such provisions by the County Engineer. The following section is hereby amended to read as follows: R105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, including bridges and culverts, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. The following section is hereby amended by amending items 1, 3, 8 & 10 and adding items 11-16 to read as follows: R105.2 Work exempt from permit. Exemption from permit requirements of this code 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 this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as storage sheds, playhouses, and similar non-habitable uses, provided that the floor area does not exceed 200 square feet (18.58 m2) and there are no utilities. 2. Fences not over 7 feet (2134 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from a point eight feet horizontally downslope from the low side finish grade to the high side finish grade behind the wall, provided that the horizontal distance to the next uphill retaining wall is at least equal to twice the height of the upper wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. [See Figure 105.2.3] 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. Page 52 3 8. Swings and other playground equipment, including one elevated playhouse per lot, designed, and used exclusively for play, not exceeding 64 square feet (5.9 m2) of floor area nor 8 feet (2.44 m) in height measured from the floor to the highest point of such structure. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 10. Decks that are not more than 30 inches (762 mm) above grade at any point and do not serve the exit door required by Section R311.2. 11. Roofing repair or replacement work not exceeding one square (100 square feet (9.29m2) of covering per building. 12. Window replacement requiring no structural alterations. (Replacement windows must meet Appendix J requirements.) 13. Replacement of non-structural siding that is not part of a fire-rated assembly when the removal of siding is performed in accordance with State laws regarding asbestos and lead paint. (Replacement siding must meet Wildfire Hazard Area and other code requirements.) 14. Shade cloth and maximum 6 mil single layer poly-roofed structures, constructed for nursery or agricultural purposes, with no entry by the general public, not including service systems. 15. Public bridges, private culverts and pedestrian bridges that serve only one property, do not provide a means of egress or access to the property, and are not in a regulatory floodplain or county-designated major drainage area of interest (see map at https://www.larimer.org/engineering/stormwater-drainage) 16. Pergolas, arbors or trellises whose roof area is at least 67% open. The following section is hereby amended by amending Item # 2 under Plumbing: to read as follows: R105.2. Work exempt from permit. Plumbing: 1.The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and replacement of plumbing fixtures, provided such repairs or replacements do not involve or require the replacement or rearrangement of valves, pipes or fixtures. The first paragraph in the following section is hereby amended to read as follows. The remainder is unchanged: R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in a flood hazard area as established by the Town of Estes Park Land Use Code, the County Engineer shall examine or cause to be examined the construction documents as well as other documents necessary for a determination of substantial improvement or substantial damage. The County Engineer shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. If the County Engineer finds that the proposed work constitutes a substantial improvement or repair of substantial damage in accordance with the Town of Estes Park Land Use Code, the building or structure shall meet the requirements of Section R322.1 and the Town of Estes Park Land Use Code. The following section is hereby amended to read as follows: R105.5 Expiration. Every permit issued shall expire 18 months after the date of issue unless the project is completed in compliance with this code. The building official is authorized to grant, for justifiable cause demonstrated. a one-time written extension of 18 months at no charge, making the original permit valid for three years. Additional 18-month extensions will cost one-half the amount of the original building permit fee or a minimum of $50, whichever is more. Every permit shall become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issue of such permit, if the person or entity to whom the permit is issued fails to request a first inspection within 180 days of the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or more. Page 53 4 Before such work can be recommenced, a new permit shall be first obtained to do so. The fee for such new permit shall be one-half of the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided further that the suspension or abandonment has not exceeded one year. Changes in the plans and specifications or abandonment exceeding one year shall require an additional permit fee and plan review fee as described in Section R108. Permits for “as-built” construction must have final inspection approval within 180 days of permit issuance. The building official is authorized to grant a one-time extension of twelve months for “as-built” permits, at no charge, provided evidence of progress towards final inspection or justifiable cause is shown. The following section is hereby added to read as follows: R105.10 Premises Identification During Construction. The approved permit number and street address number shall be displayed and be plainly visible and legible from the public street or road fronting the property on which any new building is being constructed. The following section is hereby amended to read as follows: R106.1.3 Information on braced wall design. For buildings and structures utilizing braced wall design, braced wall lines shall be identified on the construction documents. Pertinent information including, but not limited to, bracing methods, location and length of braced wall panels and foundation requirements of braced wall panels at top and bottom shall be provided. The following section is hereby amended by deleting item #3 and renumbering and amending #4 to read as follows: R106.1.4 Information for construction in flood hazard areas. For buildings and structures located in whole or in part in flood hazard areas as established by Table R301.2, construction documents shall include: 1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design flood elevation, as appropriate. 2. The elevation of the proposed lowest floor, including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor, including basement, above the highest adjacent grade. 3. If design flood elevations are not included on the county’s Flood Insurance Rate Map (FIRM), the County Engineer and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. The following section is hereby amended to read as follows: R106.3.1 Approval of construction documents. Where the building official issues a permit, the construction documents shall be approved in writing, electronically, or by a stamp indicating the approved permit number. One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. The following section is hereby amended to read as follows: R107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service but shall not be permitted for more than 18 months. The building official is authorized to grant extensions for demonstrated cause. The following section is hereby added to read as follows: R108.7 Expiration of Plan Review. Applications for which no permit is issued within one hundred and eighty (180) days following the date of application shall expire by limitation; plans submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding ninety (90) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action on an expired application, the applicant shall resubmit plans and pay a new plan review fee. The following section is hereby added to read as follows: R108.8 Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when access to the work is not provided on the date for which inspection is requested, a readily visible address is not posted, the inspection record card is not posted or otherwise available on site, the approved plans are not readily available in a visible location for the inspector, such portion of work for which inspection is called for is not complete, corrections called for are not made, work deviates from plans approved by the building official, or for other good and sufficient cause as determined by the building official. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the adoptedTown of Estes Park fee schedule. When re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. R109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated, and any required forms erected, and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. The following section is hereby added to read as follows: 109.1.1.1 Underground inspection. Underground and underslab inspections shall be made after trenches or ditches are excavated and bedded, piping, tubing, ducts, and electrical wiring is installed, before backfill is put in place and before concrete is placed. Where excavated soil contains rocks, broken concrete, frozen chunks, and other rubble that would damage or break the piping or cause corrosive action, clean backfill shall be on the job site. The following section is hereby added to read as follows: Page 54 5 109.1.1.2 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 11 and shall include, but not be limited to, inspections for footing, foundation, slab, and thermal envelope insulation R- and U-values, fenestration U-value, duct system R-value, HVAC and water-heating equipment efficiency, air sealing, plumbing protection, lighting system controls, components and meters, and installation and proper operation of all required building controls. The following section is hereby amended to read as follows: R109.1.2 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to or concurrent with framing inspection. Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105.28 prior to inspection shall be permitted. The following section is hereby amended to read as follows: R109.1.3 Floodplain inspections. For construction in flood hazard areas as established by the Town of Estes Park Land Use Code, upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official and/or the County Engineer may require submission of documentation, prepared and sealed by a registered professional land survey or design professional, of the elevation of the lowest floor, including basement, required in Section R322. The following section is hereby amended to read as follows: R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical, gas, radon mitigation and electrical rough-ins are completed and prior to concealment. The following section is hereby amended to read as follows: R110.1 Use and change of occupancy. A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exceptions: 1. Certificates of occupancy are not required for work exempt from permits under Section R105.2. 2. Cabins, agricultural and accessory buildings or structures, and work authorized under miscellaneous permits shall not receive certificates of occupancy; a letter of completion will be issued upon request. The following section is hereby amended to read as follows: R110.4. Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. A Temporary Certificate of Occupancy (TCO) shall be valid for 180 days. The fee for a TCO shall be in accordance with the fee schedule as established byTown of Estes Park. The building official may grant additional TCOs for justifiable cause. The following section is hereby amended to read as follows: R112.4 Administration. To appeal a written determination of the building official to the Board of Appeals, a written appeal must be received by theTown of Estes Park Building Division within thirty (30) days of the date of the determination being appealed. The appellant shall, at the time of making such appeal, pay to theTown of Estes Park Building Division a docket fee as specified in the Town of Estes Park fee schedule. TheTown of Estes Park Building Division shall send written notice of hearing to all parties concerned at least fourteen (14) days prior to the hearing by mailing the same to such parties' last known address by regular mail. The building official shall take immediate action in accordance with the decision of the Board of Appeals. All meetings or hearings shall be open to the public. The Board of Appeals may, from time to time, adopt such additional rules and regulations as it deems necessary and advisable for the conduct of its hearings and for carrying out the provisions hereof. CHAPTER 2 DEFINITIONS The following section is hereby amended by adding or amending these terms to read as follows: R202 DEFINITIONS CABIN. A structure that contains at least one habitable room for living, sleeping, eating, or cooking that lacks one of the following: an approved electrical system, an approved sanitation system, a potable water system, a water heater, or a primary heat source. FIREPLACE INSERT. A woodburning device designed to be installed in an existing fireplace. INTERNATIONAL FIRE CODE. The International Fire Code as adopted, amended, and administered by and within a fire district. LARGE SHORT-TERM RENTAL. A dwelling constructed in compliance with this code, where transient accommodations are provided for a single group of more than ten occupants and where rooms may not be individually rented to guests who are not part of the group. Large short-term rentals are regulated by the International Building Code. Page 55 6 NON-RESTRICTED AREA. That part of unincorporatedTown of Estes Park located west of Range 71, or north of the north half ofTownship 10 and east of Range 72 as shown on the Town of Estes Park Fireplace Area Map. PRIMARY HEAT SOURCE. A permanent heating system capable of maintaining room temperatures at 68 degrees Fahrenheit at a point three feet above the floor and two feet from exterior walls in all habitable rooms at all times, even when the structure is unoccupied. RESORT LODGE COTTAGES – A building or group of buildings, under single management and ownership, containing rooms and/or dwelling units available for temporary rental to guests where the primary attraction is generally recreational features or activities. RESTRICTED AREA. That part of unincorporatedTown of Estes Park located outside the Non-restricted Area as shown on the Town of Estes Park Fireplace Area Map. SHORT-TERM RENTAL. A dwelling constructed in compliance with this code, where transient accommodations are provided for a single group of ten or fewer occupants and where rooms may not be individually rented to guests who are not part of the group. SOLIDLY SHEATHED DECK. A roof deck with gaps between planks or sheathing not exceeding 1/8 inch (3.18 mm). TRANSIENT. Occupancy of a dwelling unit or sleeping unit for not more than 30 days. WOODSTOVE. An appliance designed for or capable of burning wood and capable of and intended for domestic space heating or domestic water heating. CHAPTER 3 BUILDING PLANNING The following table is hereby amended to read as follows: TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA (These criteria shall be used for mechanical load calculations and designs.) Page 56 7 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447m/s. MANUAL J DESIGN CRITERIAn Elevation Altitude Correction Factor Summer Design wet blub Indoor Winter Design Relative Humidity Indoor winter design dry-bulb temperature Outdoor winter design dry-bulb temperature Heating Temperature Difference 4,790 to 13,573 varies with elevation 62o F 30% 72o F 4o F 68o F Latitude Climate Zone Daily Range Indoor summer design relative humidity Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling Temperature Difference 40o 15’ to 40o 59’ North 5B High (H) 50% 75o F 91o F 16o F Footnotes to Table 301.2 are hereby amended to read as follows: a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652. b. Where the frost line depth requires deeper footings than indicated in Figure R403.1(1), the frost line depth strength required for weathering shall govern. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The Ultimate Design Wind Speed (Vult) for the determination of site wind loads shall comply with the Colorado Front Range Gust Map – ASCE 7-10 Compatible, published by the Structural Engineers Association of Colorado (dated November 8, 2013) or theTown of Estes Park Ultimate Design Wind Speed Map. Wind Load design values shall be determined from Section 1609 of the IBC. Wind exposure category shall be Exposure C unless designated otherwise by the design professional based on site-specific conditions and approved by the building official. e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. Deviations from this table shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with: (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100year (99 percent) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)." k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. Alternative design criteria based on site-specific data may be used when proposed by the registered design professional and approved by the building official. o. The design ground snow load Pg shall comply with the column above or the Colorado Design Snow Loads, published by the Structural Engineers Association of Colorado (dated April 2016). The design roof snow load values shall be determined from Chapter 7, ASCE 7-16, including all applicable factors, and loading and drifting considerations. In no case shall the final design roof snow load be less than a uniformly distributed load of 30 psf, except greenhouses may take full load reductions allowed per ASCE 7. Loafing sheds and pole barns may be constructed perTown of Estes Park Prescriptive Design Standards. The following section is hereby amended to read as follows: R301.2.1.1 Wind limitations and wind design required. Page 57 8 The wind provisions of this code shall not apply to the design of buildings where the ultimate design wind speed, Vult, as determined in compliance with the Colorado Front Range Gust Map – ASCE 7-10 Compatible, published by the Structural Engineers Association of Colorado (dated November 8, 2013), equals or exceeds 140 miles per hour (225 kph). Exceptions: 1. For concrete construction, the wind provisions of this code shall apply in accordance with the limitations of Sections R404 and R608. 2. For structural insulated panels, the wind provisions of this code shall apply in accordance with the limitations of Section R610. 3. For cold-formed steel light-frame construction, the wind provisions of this code shall apply in accordance with the limitations of Sections R505, R603 and R804. Where the ultimate design wind speed, Vult, as determined above equals or exceeds 140 miles per hour (225 km/h), the design of buildings for wind loads shall be in accordance with one or more of the following methods: 1. AWC Wood Frame Construction Manual (WFCM). 2. ICC Standard for Residential Construction in High-Wind Regions (ICC 600). 3. ASCE Minimum Design Loads for Buildings and Other Structures (ASCE 7). 4. AISI Standard for Cold-Formed Steel Framing—Prescriptive Method for One- and Two-Family Dwellings (AISI S230). 5. International Building Code. 6. Town of Estes Park Prescriptive Design Standards for Pole Barns in High Wind Areas. 7. Town of Estes Park Prescriptive Design Standards for Loafing Sheds. 8. Any other Prescriptive Design Standards for High Wind or Heavy Snow Areas subsequently issued byTown of Estes Park. The elements of design not addressed by the methods in Items 1 through 8 shall be in accordance with the provisions of this code. Where ASCE 7 or the International Building Code is used for the design of the building, the Colorado Front Range Gust Map – ASCE 7-10 Compatible, published by the Structural Engineers Association of Colorado (dated November 8, 2013), and exposure category requirements as specified in ASCE 7 and the International Building Code shall be used. The following section is hereby amended to read as follows: R302.1 Exterior walls. Construction, projections, openings, and penetrations of exterior walls of dwellings and accessory buildings shall comply with Table R302.1 (1); or dwellings equipped throughout with an automatic sprinkler system installed in accordance with Section P2904 shall comply with Table R302.1 (2). Exceptions: 1. Walls, projections, openings, or penetrations in walls perpendicular to the line used to determine the fire separation distance. 2. Walls of individual dwelling units and their accessory structures located more than six feet (1.8 m) apart on the same lot. 3. Detached tool sheds and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 4. Foundation vents installed in compliance with this code are permitted. The following Table is hereby amended to read as follows: Page 58 9 Table R302.1 (1) Exterior Walls TABLE R302.1 (1) EXTERIOR WALLS EXTERIOR WALL ELEMENT MINIMUM FIRE-RESISTANCE RATING MINIMUM FIRE SEPARATION DISTANCE Walls Fire-resistance rated 1 hour-tested in accordance with ASTM E119, UL 263 or Section 703.2.2 of the International Building Code with exposure from both sides 0 feet Not fire resistance rated 0 hours 3 feet Projections Not allowed NA Less than 2 feet Fire-resistance rated 1 hour on the underside, or heavy timber, or fireretardant treated wooda, b 2 feet Not fire resistance rated 0 hours 3 feet Openings in walls Not allowed NA Less than 3 feet Unlimited 0 hours 3 feet Penetrations All Comply with Section R302.4 Less than 3 feet None required 3 feet For SI: 1 foot = 304.8 mm. NA = Not Applicable. a. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing. b. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings are not installed. The following Table is hereby amended by deleting footnote a and renumbering footnotes b and c to read as follows: Table R302.1 (2) Exterior Walls – Dwellings with Fire Sprinklers a. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing. b. The fire-resistance rating shall be permitted to be reduced to 0 hours on the underside of the rake overhang where gable vent openings are not installed. The following section is hereby amended to read as follows: R302.5.1 Opening protection. Openings from a private garage, barn, or similar utility space directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage, barn or similar utility space and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute fire-rated doors. Doors shall be self-latching and equipped with a self-closing or automatic-closing device. The following section is hereby amended to read as follows: R302.6 Dwelling-garage/barn/utility space fire separation. The garage, barn or similar utility space shall be separated as required by Table R302.6. Openings in such walls shall comply with Section R302.5. Attachment of gypsum board shall comply with Table R702.3.5. This provision does not apply to walls of utility spaces that are perpendicular to the adjacent dwelling unit wall. The following section is hereby added to read as follows: R302.6.1 Private garages, barns and similar utility buildings exceeding 5,000 sq. ft. (464.5 m2) in floor area within 6’ (1.8 m) at any point from a dwelling unit on the same lot shall be separated from the dwelling by 1-hour fire-rated wall, roof and soffit construction. The following section is hereby amended to read as follows: TABLE R302.6 DWELLING-GARAGE/BARN/SIMILAR UTILITY SPACE SEPARATION SEPARATION MATERIAL From the residence and attics Not less than 1/2-inch gypsum board or equivalent applied to the utility space side From all habitable rooms above the utility space Not less than 5/8-inch Type X gypsum board or equivalent Structure(s) supporting floor/ceiling assemblies used for separation required by this section Not less than 1/2-inch gypsum board or equivalent Garages/barns/similar utility buildings located less than 6 feet from a dwelling unit on the same lot a Not less than 1/2-inch gypsum board or equivalent applied to the interior side of exterior walls and roof/ceiling assemblies that are within this area For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. Page 59 10 a. Garages, barns, and similar utility buildings exceeding 5,000 sq. ft. (464.5 m2) in floor area shall comply with Section R302.6.1 The following section is hereby amended in its entirety to read as follows: R302.13 Fire protection of floors above fuel-burning appliances. In new construction or a new location for an appliance, where fuel-fired heating or water-heating appliances are installed below a combustible floor, floor assemblies that are not required elsewhere in this code to be fire-resistance rated shall be provided with a minimum ½ inch (12.7 mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member. Penetrations or openings for ducts, vents, electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or penetrations shall be permitted. Exceptions: 1. Floor assemblies located directly over a space protected by an automatic sprinkler system in accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system. 2. Floor assemblies located above direct vent appliances with both intake and exhaust pipes installed continuously to the outside. 3. Portions of floor assemblies shall be permitted to be unprotected where complying with all of the following: 3.1. The appliances are enclosed in a framed mechanical room with no less than ½” (12.7 mm) gypsum wallboard or the equivalent installed on the ceiling and walls. Clearances to combustible materials and for appliance access and service, as specified in this code and the manufacturer’s installation instructions, shall be maintained. 3.2. The aggregate area of the room does not exceed 80 square feet (7.4 m2) per story. 3.3. Fireblocking in accordance with Section R302.11.1 is installed along the perimeter of the mechanical room. 3.4. The room is insulated and sealed in accordance with Section N1102.4.4. 3.5. Openings from a mechanical room directly into a room used for sleeping purposes are prohibited. Other openings shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not less than 1 3/8 inches (35 mm) thick, or 20-minute fire-rated doors. Doors shall be self-latching and equipped with a self-closing or automatic-closing device. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance. The following section is hereby amended to read as follows: R303.10 Required heating. Every dwelling unit shall be provided with a primary heat source capable of maintaining a minimum room temperature of 68ºF (20ºC) at a point three feet (914 mm) above the floor and two feet (610 mm) from exterior walls in all habitable rooms at the design temperature. The following section is hereby amended to read as follows: R308.4.7 Glazing adjacent to stair landings. Glazing adjacent to the landings at the bottom of a stairway where the glazing is less than 36 inches (914 mm) above the landing and within a 60 inch (1524 mm) horizontal arc less than 180 degrees from the top or bottom tread nosing shall be considered a hazardous location. Exception: Where the glazing is protected by a guard complying with Section R312 and the plane of the glass is more than 18 inches (457 mm) from the guard. The following section including exceptions is hereby amended to read as follows: R310.1 Emergency escape and rescue opening required. Basements, habitable attics, habitable lofts and mezzanines, and every sleeping room shall have not less than one operable emergency escape and rescue opening. Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court having a minimum width of 36 inches (914 mm) that opens to a public way. Exceptions: 1. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2). 2. A yard shall not be required to open directly into a public way where the yard opens to an unobstructed path from the yard to the public way. Such path shall have a width of not less than 36 inches (914 mm). The following section is hereby amended to read as follows: R310.2.2 Minimum dimensions. The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening, with casement windows measured when open perpendicular to the exterior wall. The following section is hereby amended to read as follows: R310.7.1 Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 310.1, operable windows serving as the emergency escape and rescue opening shall comply with the following: 1. An existing operable window shall provide a minimum net clear opening of 5 square feet (0.46 m2) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm). 2. A replacement window where such window complies with both of the following: 2.1. The replacement window meets the size requirements in Item 1. Page 60 11 2.2. The replacement window is the manufacturer’s largest standard-size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window. The first sentence in the following section is hereby amended to read as follows (the remainder is unchanged): R311.7.5.1 Risers. The riser height shall be not more than 73/4 inches (196 mm) and not less than 4 inches (102 mm). The following section is hereby added to read as follows: R312.1.1.1 Area wells, bulkheads, and similar enclosures. Where any area well wall, bulkhead enclosure wall or similar retaining wall or barrier is located less than 36 inches (914 mm) from the nearest intended walking surface, parking surface, or driveway, and the surface elevation difference between the higher and lower side of the well wall, bulkhead enclosure wall or retaining wall is greater than 30 inches, such wall shall be protected with guards or be provided with an equivalent barrier. EXCEPTIONS: 1. The access side of stairways need not be barricaded. 2. Area wells provided for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section 310.4.4. 3. Covers and grates may be used over stairways and other openings used exclusively for service access or for admitting light or ventilation. 4. Area well walls, bulkhead enclosure walls, or retaining walls adjacent to a building that are located 24 inches (610 mm) or less measured perpendicular from the building. 5. Where the slope of the embankment or the side of the opening enclosure adjacent to such wall does not exceed one unit vertical to two horizontal. The following section is hereby amended in its entirety to read as follows: SECTION R313 AUTOMATIC FIRE-SPRINKLER SYSTEMS R313.1Townhouse automatic fire sprinkler design. An automatic sprinkler system shall be installed inTownhouses. Exception: An automatic sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with a sprinkler system. R313.1.1 Design and installation. Automatic sprinkler systems forTownhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D. Exception: Within the Estes Valley Fire Protection District, automatic sprinkler systems forTownhouses shall be designed and installed in accordance with NFPA 13D. R313.2 One- and two-family dwellings automatic fire sprinkler design. An automatic fire sprinkler system shall be installed in all two-family dwellings, and in one-family dwellings within the Lyons Fire Protection District or any other Fire Protection District designated by the Board ofTown of Estes Park Commissioners. Exception: An automatic sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with a sprinkler system. R313.2.1 Design and installation. Automatic sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13D. Exception: Within the Estes Valley Fire Protection District, automatic fire sprinkler systems for one- and two-family dwellings shall be designed and installed in accordance with NFPA 13D. The following section is hereby amended by deleting exception #2 to read as follows: R314.2.2 Alterations, repairs, and additions. Where alterations, repairs or additions requiring a permit occur, the individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings. Exception: Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck. The following section is hereby amended by adding an Exception to read as follows: R314.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with Section R314.3, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. Exception: Smoke alarms required for installation, alteration, or repairs of plumbing or mechanical systems need not be interconnected. The following section is hereby amended to read as follows: R315.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in dwelling units where either or both of the following conditions exist. 1. The dwelling unit contains a fuel-fired appliance. 2. The dwelling unit has an attached garage. Page 61 12 The following section is hereby amended by deleting Exceptions #2 and #3 to read as follows: R315.2.2 Alterations, repairs, and additions. Where alterations, repairs or additions requiring a permit occur, or where one or more sleeping rooms are added or created in existing dwellings, the individual dwelling unit shall be equipped with carbon monoxide alarms located as required for new dwellings. Exception: Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, the addition or replacement of windows or doors, or the addition of a porch or deck. The following section is hereby amended to read as follows: R315.3 Location. Carbon monoxide alarms in dwelling units shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms and not more than fifteen feet (4.6 m) from the door to each bedroom. Where a fuel-burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide alarm shall be installed within the bedroom. The following section is hereby amended by adding Exception #2 and renumbering the existing Exception as #1 to read as follows: R315.5 Interconnectivity. Where more than one carbon monoxide alarm is required to be installed within an individual dwelling unit in accordance with Section R315.3, the alarm devices shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms in the individual dwelling unit. Physical interconnection of carbon monoxide alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. Exceptions: 1. Interconnection of carbon monoxide alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes. 2. Carbon monoxide alarms required for installation, alteration, or repairs of plumbing or mechanical systems. The following section is hereby amended to read as follows: R322.1 General. Buildings and structures constructed in whole or in part in flood hazard areas, including A Zones, as established in theTown of Estes Park Land Use Code, and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the provisions contained in the Town of Estes Park Land Use Code. The following section is hereby added to read as follows: R331 WILDFIRE HAZARD MITIGATION REQUIREMENTS R331.1 General Purpose. The purpose of this section is to establish minimum standards for design and construction of new buildings or portions thereof for the protection of life and property from wildfire hazards. R331.2 Scope. Within the wildfire hazard area, as defined herein and shown in Figure R331, all new building construction including additions shall comply with the provisions of this section. EXCEPTIONS: 1. Sheds, greenhouses, and similar detached accessory structures not exceeding 600 sq. ft. (55.7 m2) in area. 2. Loafing sheds and similar unenclosed accessory structures of any size. FIGURE R331 Town OF ESTES PARK WILDFIRE HAZARD AREA MAP Page 62 13 Page 63 14 R331.3 Alternate Materials and Methods of Compliance. The provisions of this chapter are not intended to prevent the use of any material or method of compliance not specifically prescribed by this chapter, provided any alternate has been approved and its use authorized by the building official in accordance with Section 104.11. R331.4 Definitions. For the purpose of this section, certain terms are defined as follows: COMBUSTIBLE - a material that fails to meet the acceptance criteria of Standard Method of Test for Determination of Noncombustibility in Building Materials (ASTM E136). COMBUSTIBLE CONSTRUCTION - a type of construction that does not meet the requirement for noncombustible construction. DEFENSIBLE SPACE - a natural or man-made area, where woody vegetation capable of allowing a fire to spread unchecked has been treated or modified to slow the spread and reduce the intensity of an advancing wildfire, and to create an area for fire suppression operations to occur. FIRE-RESISTIVE CONSTRUCTION - construction designed to resist the spread of fire. FIRE-RESISTIVE RATING - the time that the material or construction will withstand the standard fire exposure as determined by a fire test made in conformity with the standard methods of fire tests of buildings construction and materials. FLAME-SPREAD INDEX (FSI) - a relative index describing the surface-burning characteristics of building materials. The test used to establish FSI evaluates the flame spread over the building material surface when exposed to a test fire. The rate at which flame spreads across the specimen is compared on a scale of 0 for inorganic reinforced cement board, to 100 for red oak. The following table identifies the Flame Spread Classification and Flame Spread Index: Flame Spread Classification Flame Spread Index Page 64 15 Class A 0 to 25 Class B 26 to 75 Class C 76 to 200 FUEL - combustible material. NONCOMBUSTIBLE - materials that meet the acceptance criteria of Standard test Method for determination of non-combustibility in building materials. (ASTM E136) NONCOMBUSTIBLE CONSTRUCTION - a type of construction in which a degree of fire safety is attained by the use of noncombustible materials for structural members and other building, assemblies. ONE-HOUR FIRE-RESISTIVE CONSTRUCTION - will withstand the standard fire exposure for one hour as determined by a fire test made in conformity with the standard methods of fire tests of building construction and materials. WILDFIRE HAZARD - the relative threat that a wildland fire may cause the destruction of life and improved property. WILDFIRE HAZARD AREA - The area west of a line starting at the intersection of the Wyoming border line and range 69 west, then South nine miles to S.W. corner of section 31,Township 11, Range 69, then West three miles to N.W. corner of Section 3,Township 10, Range 70, then South five miles to S.W. corner of Section 27,Township 10, Range 70, then East three miles to S.W. corner of Section 30,Township 10, Range 69, then South nine miles to S.W. corner of Section 7,Township 8, Range 69, then West one mile to N.W. corner of Section 13,Township 8, Range 70, then South four miles to S.W. corner of Section 36,Township 8, Range 70, then East two miles to N.W. corner of Section 6,Township 7, Range 69, then South three miles to S.W. corner of Section 17,Township 7, Range 69, then East one mile to S.E. corner of Section 17,Township 7, Range 69, then South four miles to S.W. corner of Section 4, Township 6, Range 69, then East one mile to S.E. corner of Section 4,Township 6, range 69, then South four miles to S.W. corner of Section 27,Township 6, Range 69, then West one mile to S.W. corner of Section 28,Township 6, Range 69, then South three miles to intersection of U.S. Highway 34, then West following U.S. Highway 34 two miles to intersection with Range 69 West, then South seven and three quarter miles to S.W. corner of Section 18,Township 4, Range 69, then West one mile to S.W. corner of Section 13,Township 4, Range 70, then South three miles to where the S.W. corner of Section 36,Township 9, Range 70 meets the Boulder County Line. WILDFIRE MITIGATION - action taken to eliminate or reduce the wildfire hazard. R331.5 Fire-Resistive Construction. Fire-resistive construction on all new structures shall be one of the following types: 1. One-hour fire-resistive shell providing not less than one-hour fire-resistive construction at all exterior walls, excluding openings and decks. 2. Exterior siding materials with a flame-spread classification of Class C or better. Exterior siding shall be composed entirely of noncombustible materials for a minimum of 4 feet (1.2 m) above finished grade. EXCEPTION: Non-combustible siding for the lowest 4 feet (1.2 m) is not required if 5 feet (1.5 m) or more of non-combustible landscaping material or natural ground cover is provided in accordance with Section 331.6. 3. Log structures using solid logs with a minimum tip diameter of 6 inches (152.4 mm) for exterior wall construction and 8 inches (203.2 mm) for roof beams, purlins and supporting columns. R331.6 Defensible Space. Defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in the Wildfire Hazard Area. Any landscaping materials or natural ground cover within 5 feet of the exterior walls of the building shall be non-combustible. For additions equal to or greater than 50% of the total square footage of the original structure, or changes in the occupancy or use of existing buildings that would place the building under the scope of Section R331.2, defensible space shall be provided around the entire building. EXCEPTION: Five feet of non-combustible landscaping material or natural ground cover is not required if the lowest 4 feet of siding is non-combustible in accordance with Section 331.5. R331.7 Evaluation. Evaluation of the defensible space will be based upon: 1. Current Colorado State Forest Service standards and guidelines, and 2. Site specific vegetation and topographical characteristics. The Building Official may allow alternatives to the Colorado State Forest Service Standards and Guidelines based on specific site conditions. R331.8 Completion. The defensible space must be approved prior to issuing a certificate of occupancy or letter of completion. Page 65 16 R331.9 Liquid Propane Gas. Liquid propane gas facilities installed in the Wildfire Hazard Area shall comply with current county requirements, the International Fire Code and NFPA 58, for installation of such facilities. Liquid propane gas containers and tanks shall be located within the defensible space. R331.10 Spark Arresters. Chimneys serving fireplaces, woodstoves, barbecues, incinerators, or decorative heating appliances in which solid fuel or liquid fuel is used, shall be provided with a spark arrestor. Spark arrestors shall be constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch) (2.66 mm) having openings not exceeding ½ inch. The net free area of the spark arrestor shall not be less than four times the net free area of the outlet of the chimney. R331.11 Fees. Fees shall be assessed in accordance with the adoptedTown of Estes Park wildfire assessment and inspection fee schedule. R331.12 Appeals. Appeals of interpretations made by the building official relative to the application of this section shall be made to the Board of Appeals in accordance with Section 112. R331.13 Maintenance. Defensible space areas created as required by this code or other county ordinances shall be maintained by the property owner. No re-planting or new planting of trees, shrubs or other vegetation that would violate the defensible space requirements of this section shall be permitted. The following section is hereby added to read as follows: R332 SHORT-TERM RENTALS R332.1 General. Short-term rentals shall comply with Sections R332.1.1 through R332.3. Large short-term rentals, resort lodge cottages exceeding 10 occupants, and owner-occupied lodging houses exceeding five guest rooms shall comply with the International Building Code. R332.1.1 Automatic fire sprinkler systems. An automatic sprinkler system shall be designed and installed in accordance with Section P2904 or NFPA 13D in short-term rentals in buildings constructed on or after the effective date of this code. Exceptions: 1. An automatic sprinkler system shall not be required for conversions to short-term rentals of buildings legally constructed prior to the effective date of this code, that are not already provided with a sprinkler system. 2. Within the Estes Valley Fire Protection District, automatic fire sprinkler systems for short-term rentals shall be designed and installed in accordance with NFPA 13D. R332.2 Life safety inspection. Short-term rentals, owner-occupied lodging houses and resort lodge cottages shall not be approved for occupancy until a building permit is issued to convert the dwelling to its new use, the life safety inspection and all other required inspections pass, and a Certificate of Occupancy is issued. Short-term rentals life safety inspections shall include the provisions of R332.2.1 through R332.2.25. R332.2.1 Address identification. Approved address identification shall be posted in compliance with the code in effect at the time of the initial survey. R332.2.2 Unapproved uses. Uses of all rooms/spaces shall comply with approved uses per Building Division records. Change of use permits, inspections and approvals shall be required for all rooms with uses different from Building Division records. R332.2.3 Unpermitted work. All unpermitted work shall be permitted, compliant and approved. R332.2.4 Unapproved work. All unapproved work authorized by permits which have expired shall be re-permitted, compliant, and approved. R332.2.5 Structural concerns. Observable structural concerns shall be corrected or mitigated. R332.2.6 Emergency escape and rescue openings. Compliant emergency escape and rescue openings shall be provided for all spaces used for sleeping purposes. For dwellings constructed on or after January 1, 1972, rescue openings shall comply with the code in effect at the time the rescue opening was required. For dwellings constructed prior to January 1, 1972, the minimum requirements shall be those found in the 1970 Uniform Building Code. R332.2.7 Window wells. Where required, compliant window wells shall be properly installed at emergency escape and rescue openings. For dwellings constructed on or after January 1, 1972, window wells shall comply with the code in effect at the time the well was required. For dwellings constructed prior to January 1, 1972, window well shall meet the minimum requirements of the 1970 Uniform Building Code. R332.2.8 Smoke alarms. Approved smoke alarms shall be properly installed at all locations in accordance with Section R314, their listing and manufacturer’s installation instructions. R332.2.9 Carbon monoxide alarms. Approved carbon monoxide alarms shall be properly installed at all locations in compliance with Section R315, their listing and manufacturer’s installation instructions. R332.2.10 Fuel gas appliances. a. Fuel gas appliances shall be in approved locations. b. Fuel gas appliances shall be in dedicated spaces, where applicable. c. Fuel gas appliances shall comply with required clearances. d. Fuel gas appliances shall be provided with required combustion air. e. Fuel gas appliances shall be connected to approved venting systems. f. Fuel gas appliances shall have required temperature and pressure relief valves. Page 66 17 g. Fuel gas appliances shall have proper condensate disposal. h. Rooms/spaces containing fuel gas appliances shall be properly fireblocked. i. Other than existing cook tops, no ventless fuel gas appliances are allowed. R332.2.11 Dwelling/garage separation. Dwellings shall be separated from garages and similar utility spaces per Section R302.6. R332.2.12 Handrails. Approved handrails shall be properly installed at locations in compliance with Section R311. R332.2.13 Guards. Approved guards shall be properly installed at locations in compliance with Section R312. R332.2.14 Ground-Fault Circuit-Interrupter Protection. Ground-fault circuit-interrupter protection for personnel shall be provided in locations in compliance with the currently adopted National Electrical Code. R332.2.15 Environmental duct terminations. Dryer ducts and exhaust fans shall terminate at approved locations in accordance with Chapter 15. R332.2.16 Cook stove. Anti-tip devices shall be installed for all cook stoves, ovens, and ranges. R332.2.17 Wildfire hazard. Wildfire defensible spaces shall be provided and maintained as required for new construction R332.2.18 Solid fuel-burning exterior appliances. Solid fuel-burning exterior appliances including but not limited to fire pits, outdoor fireplaces, portable outdoor fireplaces, and barbecue grills, shall not be installed within the Wildfire Hazard Area. Existing solid fuelburning exterior appliances shall be locked, altered, or removed, so that they cannot be used by transient renters. R332.2.18 Lighting at exterior stairs. Exterior stairs shall be properly illuminated in compliance with Section 303.8. R332.2.20 Septic Systems. Dwellings utilizing septic systems require approval from theTown of Estes Park Health Department for the proposed number of occupants. R332.2.21 Stove-top fire stop. An automatic fire-extinguishing system or alternative system approved by the Chief Building Official shall be installed above or adjacent to each stove, range, or cooktop, in accordance with the fire-extinguishing system manufacturer’s installation instructions. Exception: Stove-top fire stops are not required where an automatic fire sprinkler system in accordance with NFPA 13D or Section P2904 standards is installed throughout the dwelling unit. R332.2.22 Portable fire extinguishers. Portable dry chemical-type fire extinguishers with a minimum rating of 2-A:10-B:C shall be mounted securely on a hanger or bracket intended for the extinguisher by the manufacturer, in a conspicuous location where they will have ready access and be immediately available for use in the following locations: 1. In each room with a cooking appliance, fireplace, heating appliance or water heater. Portable fire extinguishers may be installed outside of and in the immediate vicinity of mechanical closets for water heating or space heating appliances. 2. Inside and adjacent to the door leading to a deck, porch, patio, or similar outdoor space with such appliances. 3. At least one on each story. Exception: Fire extinguishers are not required where an automatic fire sprinkler system in accordance with NFPA 13D or Section P2904 standards is installed throughout the dwelling unit. If sprinkler coverage is not provided at outdoor spaces containing cooking, heating or water heating appliances, fire extinguishers shall be installed per Item #2. R332.2.23 Operations Manual. An operations manual shall be provided in a readily visible location such as the kitchen counter or landline phone. At a minimum, the manual shall contain the following items: 1. the address, GPS coordinates and phone number of the short-term rental. 2. exit mapping from each habitable room in the house. 3. a map of escape routes from the neighborhood to a public road. 4. contact information for and a copy of current registration with the Fire Department having jurisdiction, as well as contact information for Police/sheriff and ambulance service. 5. contact information for a short-term rental owner or manager with a response time of 60 minutes or less. 6. the location of and instructions for emergency shutoff of water, gas, and electrical systems. 7. information on the stove-top firestop and fire extinguishers. 8. information on Wildfire Hazard Area concerns. 9. the location of property lines and instructions to prevent trespass on neighboring properties. 10. instructions on safe interaction with wildlife, trash disposal and noise considerations. R332.2.24 Signs posted at each entrance and exit. A sign containing the information noted in Section R332.2.23 items 1 through 5 shall be posted at each entrance and exit of the home. R332.2.25 Dark Sky Exterior lighting. All exterior lighting fixtures shall direct light straight down from the fixture and be fully shielded so that no light is visible from the top or sides of the fixture. R332.3 Certificate of Occupancy. After a life safety inspection has been approved and no known code violations exist, the Building Official shall issue a Certificate of Occupancy for use as a short-term rental, owner-occupied lodging house or resort lodge cottage. In addition to other requirements, Certificates of Occupancy for short-term rentals, owner-occupied lodging houses and resort lodge cottages shall specify the number of rooms approved for sleeping purposes and the maximum approved occupant load. The following section is hereby added to read as follows: SECTION 333 ADDITIONAL ENVIRONMENTAL REQUIREMENTS R333.1 Passive radon mitigation system required. All new dwellings, and additions exceeding 1,000 sq. ft., shall install a passive radon mitigation system. Such systems shall be designed and installed in accordance with Appendix AF “Radon Control Methods.” Page 67 18 R333.2 Electric Vehicle readiness. All new dwelling units with an attached garage or carport shall be provided with a continuous 50amp, 208/240-volt dedicated branch circuit for electric vehicle supply equipment that is terminated at a receptacle or electric vehicle supply equipment in a readily accessible location at a likely vehicle parking space in the garage or carport. R333.3 Renewable energy readiness. All new dwelling units shall be provided with a continuous 50-amp, 208/240-volt dedicated branch circuit installed from the attic space beneath the roof surface most likely to support a rooftop photovoltaic or wind energy system, to a junction box within 12” (305 mm) (55.7 m2) of the dwelling’s electrical meter or connected directly to the electrical panel board. CHAPTER 4 FOUNDATIONS The first two sentences in the following section are hereby amended to read as follows: R401.1 Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for all buildings. In addition to the provisions of this chapter, the design and construction of foundations in areas prone to flooding as established by Table 301.2(1) shall be designed and constructed in accordance with theTown of Estes Park Land Use Code. All foundations shall be designed by a qualified professional licensed in the State of Colorado, in accordance with accepted and approved engineering practices, including considerations for soil load-bearing capacities, surface and subsurface water conditions, adequate foundation and floor drainage, adequate ventilation of enclosed interior foundation spaces, and foundation waterproofing and damp- proofing. Exceptions: 1. In subdivisions where engineered footings and foundations are not required by the conditions of approval. 2. Outside of subdivisions, where engineered design is not required by Sections R403.1.7 or R403.1.8. 3. Unenclosed patio covers and porches, decks, one-story agriculture pole buildings under 3000 square feet (278.7 m2), and accessory, unheated, detached one-story utility buildings with a maximum depth (truss length) of 24 feet (7.32 m), a maximum width not exceeding twice the depth, and a maximum area of 600 square feet (55.7 m2), when followingTown of Estes Park’s Prescriptive Design Standards. Wood foundations shall be designed and installed in accordance with AWC PWF. Exception: The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations: 1. In buildings that have not more than two floors and a roof. 2. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm). The following section is hereby amended to add Exception #5 to read as follows: R403.1.4.1 Frost Protection. Exceptions 5. An unheated, one-story accessory building may be placed on a slab-on-grade cast monolithically with a footing placed at least 12 inches (9305 mm) below the undisturbed ground with one No. 5 bar or two No. 4 bars located in the middle of the footing depth. Such accessory building shall have a maximum depth (truss length) of 24 feet (7.31 m), a maximum width not exceeding twice the depth, a maximum area of 600 square feet (55.7 m2) and shall be equipped with a controlled method of water disposal from roofs in accordance with section R801.3. The following section is hereby amended in its entirety to read as follows: R403.1.8 Foundations on expansive soils. Foundation and floor slabs for buildings located on expansive soils shall be designed in accordance with Section 1808.6 of the International Building Code. Exception: Slab-on- grade foundation systems may be used for unheated, one-story accessory buildings in accordance with Section R403.1.4.1 Exception 5. The following section is hereby amended to read as follows: R405.1 Concrete or masonry foundations. Drains shall be provided around concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the top of the footing or below the bottom of the slab and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (152 mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane, or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on not less than 2 inches (51 mm) of washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (152 mm) of the same material. Exceptions: 1. A drainage system is not required where determined by the engineer of record that the foundation is installed on well-drained ground or sand-gravel mixture soils according to the Unified Soil Classification System, Group I soils, as detailed in Table R405.1. 2. A drainage system is not required for additions where the existing construction lacks a drainage system to connect to. Page 68 19 The following section is hereby added to read as follows: R408.3.1 Spaces under below-grade floors. Mechanical ventilation systems for spaces under below-grade floors shall be designed by a professional engineer and installed in accordance with such designs or a mechanical ventilation system for spaces under belowgrade floors shall be provided with an active, fan-assisted submembrane depressurization system installed per APPENDIX AF, RADON CONTROL METHODS. In addition, the space above the soil-gas-retarder and below the floor shall be provided with continuously operated mechanical exhaust ventilation at a rate equal to 1 cubic foot per minute (0.47 L/s) for each 50 square feet (4.7 m2) of underfloor area and either mechanical supply air at the same rate, or an air pathway to the common area (such as a duct or transfer grille). The following section is hereby amended to read as follows: R408.7 Flood resistance. For buildings located in flood hazard areas as established in Table R301.2, the design and construction of foundations shall be in accordance with theTown of Estes Park Land Use Code. CHAPTER 5 FLOOR CONSTRUCTION The following section is hereby amended to read as follows: R502.6 Bearing. The ends of each joist, beam or girder shall have not less than 1 1/2 inches (38 mm) of bearing on wood or metal, have not less than 3 inches of bearing (76 mm) on masonry or concrete or be supported by approved joist hangers. The bearing on masonry or concrete shall be direct, or a sill plate of 2-inch-minimum (51 mm) nominal thickness shall be provided under the joist, beam or girder. The sill plate shall provide a minimum nominal bearing area of 48 square inches (30 865 mm2). The following section is hereby amended to read as follows: R507.3 Footings. Decks shall be supported on concrete footings or other approved structural systems designed to accommodate all loads in accordance with Section R301. Deck footings shall be sized to carry the imposed loads from the deck structure to the ground as shown in Figure R507.3. Exceptions: 1.Footings shall not be required for free-standing decks consisting of joists directly supported on grade over their entire length. 2.Footings shall not be required for free-standing decks that meet all of the following criteria: 2.1. The joists bear directly on precast concrete pier blocks at grade without support by beams or posts. 2.2. The area of the deck does not exceed 200 square feet (18.6 m2). 2.3. The walking surface is not more than 30 inches (762 mm) above grade at any point within 36 inches (914 mm) measured horizontally from the edge. CHAPTER 6 WALL CONSTRUCTION The following section is hereby amended by deleting Exceptions #2 and #3 to read as follows: R602.3.1 Stud size, height and spacing. The size, height and spacing of studs shall be in accordance with Table R602.3(5). Exception: Utility grade studs shall not be spaced more than 16 inches (406 mm) on center, shall not support more than a roof and ceiling, and shall not exceed 8 feet (2438 mm) in height for exterior walls and load-bearing walls or 10 feet (3048 mm) for interior nonload-bearing walls. The following Table is deleted in its entirety: Table R602.3 (6) ALTERNATE WOOD BEARING WALL STUD SIZE, HEIGHT AND SPACING The following section is hereby amended to read as follows: R610.1 General. Structural insulated panel (SIP) walls shall be designed in accordance with the provisions of this section. Plans for structural insulated panel walls, project drawings, typical details and specifications shall bear the seal of the architect or engineer responsible for design. CHAPTER 7 WALL COVERING The following section is hereby amended to read as follows: R702.7 Vapor retarders. Vapor retarder materials shall be classified in accordance with Table R702.7(1). A vapor retarder may be provided on the interior side of frame walls of the class indicated in Table R702.7(2), including compliance with Table R702.7(3) or R702.7(4) where applicable. Class I vapor retarders are not allowed on basement foundation walls or any concrete or masonry below grade wall. An approved design using accepted engineering practice for hygrothermal analysis shall be permitted as an alternative. The climate zone forTown of Estes Park, as determined in accordance with Section N1101.7, is 5B. Exception: Construction where accumulation, condensation or freezing of moisture will not damage the materials. The following table is hereby amended to read in its entirety as follows: Page 69 20 TABLE R702.7(2) VAPOR RETARDER OPTIONS CLIMATE ZONE VAPOR RETARDER CL ASS CLASS Ia CLASS IIa CLASS III 5 Permittedb Permittedc Permitted a. Vapor retarders with vapor permeance greater than 1 perm when measured by ASTM E96 water method (Procedure B) shall be allowed on the interior side of any frame wall. b. Use of a Class I interior vapor retarder in frame walls with a Class I vapor retarder on the exterior side shall require an approved design. c. Where a Class II vapor retarder is used in combination with foam plastic insulating sheathing installed as continuous insulation on the exterior side of frame walls, the continuous insulation shall comply with Table R702.7(4) and the Class II vapor retarder shall have a vapor permeance greater than 1 perm when measured by ASTM E96 water method (Procedure B). The following section is hereby added to read as follows: Section R703.11.3 Vinyl siding and soffits on new buildings. Vinyl siding and soffits on new buildings shall be installed over onehour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. The following section is hereby added to read as follows: Section R703.13.2 Insulated vinyl siding and soffits on new buildings. Insulated vinyl siding and soffits on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. The following section is hereby added to read as follows: Section R703.14.4 Polypropylene siding on new buildings. Polypropylene siding on new buildings shall be installed over one-hour fire-rated assemblies listed for exterior fire exposure, in both the vertical and horizontal plane. CHAPTER 9 ROOF ASSEMBLIES The following section is hereby amended to read as follows: R902.1 Roofing covering materials. Except as otherwise allowed, roofs shall be covered with materials listed as Class A and with materials as set forth in Sections R904 and R905. Class A, B or C roofing required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790. Roof assemblies with coverings of brick, masonry, slate, clay or concrete roof tile, exposed concrete roof deck, ferrous or copper shingles or sheets, and metal sheets and shingles, shall be considered Class A roof coverings. Exception: Any Class B or Class C roof covering may be applied on any new construction that is added to an existing building, provided the roof extremities of such existing building and new construction are located a minimum distance of 3 feet (1.524 m) from the nearest adjacent property line and are a minimum distance of 6 feet (3.048 m) from another building. The following section is hereby amended to read as follows: R905.1.2 Ice barriers. An ice barrier shall be installed for asphalt shingles, metal roof shingles, mineral-surfaced roll roofing, slate and slate-type shingles, wood shingles and wood shakes. The ice barrier shall consist of not fewer than two layers of underlayment cemented together, or a self-adhering polymer-modified bitumen sheet shall be used in place of normal underlayment and extend from the lowest edges of all roof surfaces to a point not less than 24 inches (610 mm) inside the exterior wall line of the building. On roofs with slope equal to or greater than 8 units vertical in 12 units horizontal (67-percent slope), the ice barrier shall also be applied not less than 36 inches (914 mm) measured along the roof slope from the eave edge of the building. Exceptions: 1. Detached accessory structures not containing conditioned floor area 2. Roof recover where the existing roof covering has not been removed. The following section is hereby added to read as follows: R905.2.4.2 Impact resistance of asphalt shingles. Asphalt shingles shall be Class 4 impact resistant, tested in accordance with UL 2218, and installed in accordance with the manufacturer’s installation instructions. Exceptions 1. When an owner wishes to replace existing asphalt shingles that are less than class 4 impact resistant with tiles of a similar color or style, and there are no class 4 impact resistance shingles available of similar color or style, the building official may approve alternate materials that are less than class 4 impact resistant, so long as the replacement shingles are the highest class of impact resistant shingles available that match the color or style of the existing shingles. If no impact resistant materials are available, the building official may approve non-impact resistant materials that meet all other applicable requirements of this Code. 2. For repairs or additions to existing asphalt singles that are less than class 4 impact resistant, the owner may use the same or similar materials regardless of impact resistance of the new shingles. The following section is hereby amended to read as follows: R908.1 General. Materials and methods of application used for recovering or replacing an existing roof covering shall comply with the requirements of Chapter 9 and Section R806 (“Roof Ventilation”). No portion of an existing nonrated roof covering may be permanently replaced or covered with more than one square of nonrated roof covering. Page 70 21 Exceptions: 1. Reroofing shall not be required to meet the minimum design slope requirement of one-fourth vertical in 12 units horizontal (2percent slope) in Section R905 for roofs that provide positive roof drainage. 2. Any existing roof covering system may be replaced with a roof covering of the same materials and classification, provided the roof covering has a minimum rating of Class B for buildings located in the Wildfire Hazard Area and a minimum rating of Class C outside the Wildfire Hazard Area. 3. The reroofing of 50 percent or more during a one-year period of any existing structure requires Class A roof covering materials. CHAPTER 10 CHIMNEYS AND FIREPLACES The following section is hereby added to read as follows: Section R1001.1.1 Installation A. All fireplaces installed in the Restricted Area (Figure R1001.1.1Town of Estes Park Fireplace Area Map) shall be one of the following: (i). A gas fireplace or fireplace with a gas log installed and functioning at time of final inspection. (ii). An electric device; or (iii). A fireplace that meets the most current emissions standards for wood stoves established by the Colorado Air Quality Control Commission, or any other clean-burning device that is approved by the commission. B. All fireplaces installed prior to January 1, 2002, in the Restricted Area shall be allowed to remain in use until such time as the owner voluntarily replaces it. Upon replacement, such fireplace shall be one of the types specified in Subsection (A) (i), (ii), or (iii). C. Within the Non-restricted Area, fireplaces including but not limited to masonry and factory-built fireplaces shall be allowed without being required to meet the standards in Subsection (A). The following section is hereby amended by adding a new sentence to read as follows: R1004.1 General. Factory-built fireplaces shall be listed and labeled and shall be installed in accordance with the conditions of the listing. Factory-built fireplaces shall be tested in accordance with UL 127. Factory-built fireplaces shall comply with Section R1001.1.1. The following section is hereby amended to read as follows: R1004.4 Unvented gas log heaters. An unvented gas log heater shall not be installed in a factory-built fireplace. FIGURE R1001.1.1 Town of Estes Park Fireplace Area Map Page 71 22 CHAPTER 11 ENERGY EFFICIENCY The following section is hereby amended to read as follows: N1101.1 (R101.2) Scope. This chapter regulates the energy efficiency for the design and construction of buildings regulated by this code. Exceptions: The following buildings and portions thereof are exempted from the provisions of this chapter: 1. Detached accessory utility or agricultural buildings which are neither heated nor cooled by fuel or electrical energy. 2. Detached accessory utility or agricultural buildings heated or cooled in their interior for short periods of time and switched with a timer of two hours or less. 3. Detached accessory utility or agricultural buildings not heated above 500 F. 4. Detached accessory utility or agricultural buildings, and thermally isolated attached accessory utility and agricultural areas, so long as they meet or exceed the following criteria: a) They do not contain habitable space. b) Any heating or cooling equipment installed therein is sized assuming a maximum Indoor Winter Design Dry–bulb Temperature of 60oF and a minimum Indoor Summer Design Dry–bulb Temperature of 80oF. c) Thermal envelope walls are insulated to a minimum of R-15. d) The roof/ceiling is insulated to a minimum of R-30. e) Windows and glazing in doors have a maximum U-factor of 0.40 and in total do not exceed 10% of the floor area. f) Doors with minimum R-3 value are sealed to prevent infiltration to the extent practical as determined by the building official. g) Any plumbing installed therein is protected from freezing by an approved method. The following section is hereby amended to read as follows: N1101.3 (R101.5.1) Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this chapter. A REScheck compliance certification verifying the home meets or exceeds 2018 or 2021 International Energy Conservation Code requirements shall be deemed to satisfy the requirements of this code. The following section is hereby amended by amending Exception #1.2 and adding Exception #3 to read as follows: N1102.1 (R402.1) General (Prescriptive). The building thermal envelope shall comply with the requirements of Sections N1102.1.1 through N1102.1.5. Exceptions: Page 72 23 1. The following low-energy buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of Section N1102. 1.1. Those with a peak design rate of energy usage less than 3.4 Btu/h • ft2 (10.7 W/m2) or 1.0 watt/ft2 of floor area for spaceconditioning purposes. 1.2. Those that do not contain conditioned or habitable space. 2. Log homes designed in accordance with ICC 400. 3. Greenhouses. The following section is hereby amended to read as follows: TABLE N1102.1.2 (R402.1.2) MAXIMUM ASSEMBLY U-FACTORSa AND FENESTRATION REQUIREMENTS CLIMATE ZONE FENESTRATION U-FACTORf SKYLIGHT U- FACTOR GLAZED FENESTRATION SHGC d, e CEILING U- FACTOR WOOD FRAME WALL UFACTORc MASS WALL UFACTORb FLOOR U- FACTOR BASEMENT WALL UFACTOR CRAWL SPACE WALL UFACTOR 5 .32 0.55 .40 0.024 0.045 0.082 0.033 0.050 0.055 a. Nonfenestration U-factors shall be obtained from measurement, calculation, or an approved source. b. Mass walls shall be in accordance with Section N1102.2.5. Where more than half the insulation is on the interior, the mass wall U-factors shall not exceed 0.065. c. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5. d. The SHGC column applies to all glazed fenestration. The following section is hereby amended to read as follows: TABLE N1102.1.3 (R402.1.3) INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENTa Fenestration U-Factorb, i Skylightb U- Factor Glazed Fenestra -tion SHGC b,e Ceiling RValue Wood Frame Wall R-Valuef,g Mass Wall R-Valueh Floor RValue Basementc, f, g Wall R-Value Slabd R-Value & Depth Crawl Spacec, f, g Wall R-Value .32 .55 .40 R-60 30 or 23+3 or 20+5 or 13+10 or 0+15 13/17 30 19 or 13+5 or 0+15 10ci, 30 in.e 19 or 13+5 or 0+15 For SI: 1 foot = 304.8 mm. ci = continuous insulation a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. Exception: In Climate Zones 0 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30. c. “5ci or 13” means R-5 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. “10ci or 13” means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. “15ci or 19 or 13 + 5ci” means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall. d. R- 5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab-edge insulation R-value for slabs. as indicated in the table. The slab edge insulation for heated slabs shall not be required to extend below the slab. e. 30” (762 mm) or top of footings or bottom of monolithic slab, whichever is greatest. f. Class 1 vapor retarders shall not be installed on the interior of framed walls where exterior ci value is less than R-7.5 g. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, “13 + 5” means R-13 cavity insulation plus R-5 continuous insulation. h. Mass walls shall be in accordance with Section N1102.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall. The following section is hereby amended to read as follows: N1102.2.4 (R402.2.4) Access hatches and doors. Access hatches and doors from conditioned to unconditioned spaces such as attics and crawl spaces shall be insulated to the same R-value required by Table N1102.1.3 for the wall or ceiling in which they are installed. Exception: Vertical attic entries providing access from conditioned spaces to unconditioned spaces not required to be a swinging door shall be less than or equal to U-0.10 or have an average insulation R-value of R-10 or greater. If foam plastic insulation is used it shall comply with section R316.5.3. The reduction shall not apply to the total UA alternative in Section N1102.1.5. The following section is hereby amended to read as follows: N1102.2.10.1 (R402.2.10.1) Crawl space wall insulation installations. Where crawl space wall insulation is installed, it shall be permanently fastened to the interior or exterior wall and shall extend downward from the top of the foundation wall to the footing. Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder in accordance with this code. Joints of the vapor retarder shall overlap by 6 inches (153 mm) and be sealed or taped. The edges of the vapor retarder shall extend not less than 6 inches (153 mm) up the stem walls and shall be attached to the stem walls and footings pads. Page 73 24 The following section is hereby amended to read as follows: N1102.2.12 (R402.2.12) Sunroom and heated garage insulation. Sunrooms enclosing conditioned space and heated garages shall meet the insulation requirements of this code. Exception: For sunrooms and heated garages provided thermal isolation, and enclosing conditioned space, the following exceptions to the insulation requirements of this code shall apply: 1.The minimum ceiling insulation R-values shall be R-24. 2.The minimum wall insulation R-value shall be R-13. Walls separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. 3. Slab-on-grade insulation shall not be required. The following section is hereby added to read as follows: N1102.2.13 (R402.2.13) Rim insulation requirements. All rims and adjoining plates shall require complete air sealing and full encapsulation of insulation to a minimum R-Value of R-15 for spray foam or foam board, R-19 for fiberglass or a hybrid of foam board and fiberglass. Plates and rims which are part of the thermal envelope shall be insulated and shall have an air barrier on the conditioned side of the assembly. The following section is hereby amended to read as follows: N1102.4.1.1 (R402.4.1.1) Building envelope performance verification. The components of the building thermal envelope as indicated in Table R402.4.1.1 shall be installed in accordance with the manufacturer’s instructions and the criteria indicated in Table R402.4.1.1, as applicable to the method of construction. The installation of the continuous air barrier shall be verified by the code official and an approved air leakage testing agency in accordance with the following: 1. A review of the construction documents and other supporting data shall be conducted to assess compliance with the requirements in this section. 2. Inspection of continuous air barrier components and assemblies shall be conducted during construction while the air barrier is still accessible for inspection and repair to verify compliance with the requirements of this section and Table N1102.4.1.1. 3. An air barrier and air sealing inspection report shall be provided for inspections completed by the approved air leakage testing agency. The air barrier and air sealing inspection report shall be provided to the building owner or owner's authorized agent and the code official at the time of the framing or insulation inspection. The report shall identify deficiencies found during the review of the construction documents and inspection and details of corrective measures taken. The following section is hereby amended by adding Exceptions #2 and #3 to read as follows: N1102.4.1.2 (R402.4.1.2) Testing. The building or dwelling unit shall be tested for air leakage. The maximum air leakage rate for any building or dwelling unit under any compliance path shall not exceed 5.0 air changes per hour or 0.28 cubic feet per minute (CFM) per square foot [0.0079 m3/(s × m2)] of dwelling unit enclosure area. Testing shall be conducted in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2-inch w.g. (50 Pascals). Testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope have been sealed. Exceptions: 1. For heated, attached private garages and heated, detached private garages accessory to one- and two-family dwellings andTownhouses not more than three stories above grade plane in height, building envelope tightness and insulation installation shall be considered acceptable where the items in Table N1102.4.1.1, applicable to the method of construction, are field verified. An approved third party independent from the installer shall inspect both air barrier and insulation installation criteria. Heated, attached private garage space and heated, detached private garage space shall be thermally isolated from all other conditioned spaces in accordance with Sections N1102.2.12 and N1102.3.5, as applicable. 2. Cabins without a primary heat source are not required to be tested for air leakage. 3. Existing building additions, alterations or change of use to residential are not required to be tested for air leakage. [The remainder of the section is unchanged.] The following section is hereby amended to read as follows: N1102.4.1.3 (R402.4.1.3) Leakage rate. Where complying with Section N1101.13.1, the building or dwelling unit shall have an air leakage rate not exceeding 3.0 air changes per hour when tested in accordance with Section N1102.4.1.2. The following section is hereby amended to read as follows: N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. In new construction, where open combustion air ducts providing combustion air to open combustion fuel-burning appliances are installed, the appliances and combustion air openings shall be located outside the building thermal envelope or enclosed in a room that is isolated from inside the thermal envelope. Such rooms shall be sealed and insulated in accordance with the envelope requirements of Table N1102.1.3, where the walls, floors and ceilings shall meet a minimum of the basement wall R-value requirement. The door into the room shall be fully gasketed and any water lines and ducts in the room insulated in accordance with Section N1103. The combustion air duct shall be insulated where it passes through conditioned space to an R-value of not less than R-8. Exceptions: 1. Direct vent appliances with both intake and exhaust pipes installed continuous to the outside. 2. Fireplaces and stoves complying with Sections N1102.4.2 and Section R1006. Page 74 25 3. Rooms containing combustion air ducts not exceeding 4” (102 mm) in diameter. The following section is hereby amended to read as follows: N1103.7 (R403.7) Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies, such that the total sensible capacity of the cooling equipment does not exceed the total sensible load by more than 25% for cooling-only applications, or by more than 40% for heating applications, using the Manual J Design Criteria in Table 301.2. All ducted combination heating and cooling systems shall be sized using cooling loads. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by federal law for the geographic location where the equipment is installed. The following section is hereby amended to read as follows: N1111.1.1 (R503.1.1) Building envelope. Building envelope assemblies that are part of the alteration shall comply with Section N1102.1.2 or N1102.1.4, Sections N1102.2.1 through N1102.2.12, N1102.3.1, N1102.3.2, N1102.4.3 and N1102.4.5. Exception: The following alterations shall not be required to comply with the requirements for new construction provided that the energy use of the building is not increased: 1.Storm windows installed over existing fenestration. 2.Existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation. If the cavities are not filled, they shall be filled with insulation to the maximum extent practically possible in the judgment of the building official, without requiring additional framing or installation of exterior insulation. 3.Construction where the existing roof, wall or floor cavity is not exposed. 4.Roof recover. 5.Roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing. 6.Surface-applied window film installed on existing single-pane fenestration assemblies to reduce solar heat gain provided that the code does not require the glazing or fenestration assembly to be replaced. CHAPTER 13 GENERAL MECHANICAL SYSTEM REQUIREMENTS The following section is hereby amended to read as follows: M1307.3 Elevation of ignition source. Appliances having an ignition source shall be elevated such that the source of ignition is not less than 18 inches (457 mm) above the floor in garages, barns, and similar utility spaces. For the purpose of this section, rooms or spaces that are not part of the living space of a dwelling unit and that communicate with a private garage through openings shall be considered to be part of the garage. Exception: Elevation of the ignition source is not required for appliances that are listed as flammable-vapor-ignition resistant. CHAPTER 14 HEATING AND COOLING EQUIPMENT The following section is hereby amended to read as follows: M1401.3 Equipment and appliance sizing. Heating and cooling equipment and appliances shall be sized in accordance with ACCA Manual S or other approved sizing methodologies based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies, such that the total sensible capacity of the cooling equipment does not exceed the total sensible load by more than 25% for cooling-only applications, or by more than 40% for heating applications, using the Manual J Design Criteria in Table 301.2. All ducted combination heating and cooling systems shall be sized using cooling loads. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by federal law for the geographic location where the equipment is installed. Exception: Heating and cooling equipment and appliance sizing shall not be limited to the capacities determined in accordance with ACCA Manual S where either of the following conditions applies: 1.The specified equipment or appliance utilizes multistage technology or variable refrigerant flow technology and the loads calculated in accordance with the approved heating and cooling calculation methodology are within the range of the manufacturer’s published capacities for that equipment or appliance. 2.The specified equipment or appliance manufacturer’s published capacities cannot satisfy both the total and sensible heat gains calculated in accordance with the approved heating and cooling calculation methodology and the next larger standard size unit is specified. The following section is hereby added to read as follows: M1401.3.2 Room loads. Room-by-room design heating and cooling loads shall be calculated. The following section is hereby amended to read as follows: M1414.1 General. Fireplace stoves shall be listed, labeled and installed in accordance with the terms of the listing. Fireplace stoves shall be tested in accordance with UL 737. Wood-burning appliances shall meet the latest emission standards as established by the State of Colorado and Federal Regulation 40 CFR Part 60, Subpart AAA. Page 75 26 CHAPTER 15 EXHAUST SYSTEMS The following section is hereby added to read as follows: M1501.2 Indoor depressurization. Ducted exhaust systems shall not induce or create a negative pressure sufficient to cause backdrafting of naturally vented, open combustion-chamber, fuel-burning appliances, or create negative pressure in excess of negative 3 Pa. in the immediate proximity of combustion chambers of such appliances. The following section is hereby amended to read as follows: Section M1502.4.2 Duct installation. Exhaust ducts shall be supported at intervals not to exceed 12 feet (3658 mm) and shall be secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Exhaust duct joints shall be sealed in accordance with Section M1601.4.1 and shall be mechanically fastened. Ducts shall not be joined with screws or similar fasteners. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. The following section is hereby amended to read as follows: M1502.4.6 Duct length. The maximum allowable exhaust duct length shall be determined by one of the methods specified in Sections M1502.4.6.1 or M1502.4.6.2. M1502.4.6.1 Specified length. The maximum length of the exhaust duct shall be 35 feet (10,668 mm) from the connection to the transition duct from the dryer to the outlet terminal. Where fittings are used, the maximum length of the exhaust duct shall be reduced in accordance with Table M1502.4.6.1. The maximum length of the exhaust duct does not include the transition duct. M1502.4.6.2 Dryer exhaust duct power ventilator. The maximum length of the exhaust duct shall be determined in accordance with the manufacturer’s instructions for the dryer exhaust duct power ventilator. The following section is hereby amended to read as follows: M1503.1 General. Domestic cooking exhaust equipment shall comply with the requirements of this section. In new construction, kitchens with gas-fired cooking appliances shall be supplied with an exhaust system vented to the exterior. Ducts serving kitchen exhaust systems shall not terminate in an attic, crawl space or areas inside the building, and shall not induce or create a negative pressure in excess of negative 3 Pa or adversely affect gravity-vented appliances. The following section is hereby amended to read as follows: M1503.6 Makeup air required. Where one or more gas, liquid or solid fuel-burning appliances that are neither direct-vent nor use a mechanical draft venting system are located within a dwelling unit’s air barrier, each exhaust system capable of exhausting in excess of 600 cubic feet per minute (0.19 m3/s) shall be mechanically or passively provided with makeup air at a rate approximately equal to the exhaust air rate. Such makeup air systems shall be equipped with not fewer than one damper complying with Section M1503.6.2. Exception: Makeup air is not required for exhaust systems installed for the exclusive purpose of space cooling and intended to be operated only when windows or other air inlets are open. CHAPTER 16 DUCT SYSTEMS Below Table M1601.1, this supplemental information is added to read as follows: Thickness (inches) .013 .016 .018 .019 .023 .024 .027 .034 Galvanized Steel (gauge) 32 30 28 28 25 25 24 21 Aluminum (gauge) 28 26 25 24 23 22 21 19 The following section is hereby amended by deleting item #7 and renumbering item #8 as item #7 to read as follows [numbers 1 through 6 are unchanged]: M1601.1.1 Above-ground duct systems. Above-ground duct systems shall conform to the following: 7. Volume dampers, equipment, and other means of supply, return and exhaust air adjustment used in system balancing shall be provided with access. The following section is hereby added to read as follows: M1601.4.11 Construction debris and contamination. Mechanical air-handling systems and their related ducts shall be protected from the entrance of dirt, debris, and dust during the construction and installation process. Prior to passing final inspection or issuance of a Certificate of Occupancy, such systems shall be substantially free of construction-related contaminants. The following section is hereby amended by adding one sentence at the beginning to read as follows (Items #1 through #7 are unchanged): M1602.2 Return air openings. A return air path shall be provided in all habitable rooms by means of ducts or transfer grills. Return air openings for heating, ventilation and air-conditioning systems shall comply with all of the following: Page 76 27 CHAPTER 24 FUEL GAS The following section is hereby amended to read as follows: G2404.11 (307.6) Condensate pumps. Condensate pumps located in uninhabitable spaces, such as attics and crawl spaces, shall be connected to the appliance or equipment served such that, when the pump fails, an audible alarm shall sound in the habitable area. Pumps shall be installed in accordance with the manufacturer’s instructions. The following section is hereby amended by deleting exceptions 3 and 4 and renumbering exception 5 and 6 as follows: G2406.2 (303.3) Prohibited locations. Appliances shall not be located in sleeping rooms, bathrooms, toilet rooms, storage closets or surgical rooms, or in a space that opens only into such rooms or spaces, except where the installation complies with one of the following: 1.The appliance is a direct-vent appliance installed in accordance with the conditions of the listing and the manufacturer’s instructions. 2. Vented room heaters, wall furnaces, vented decorative appliances, vented gas fireplaces, vented gas fireplace heaters and decorative appliances for installation in vented solid fuel-burning fireplaces are installed in rooms that meet the required volume criteria of Section G2407.5. 3. The appliance is installed in a room or space that opens only into a bedroom or bathroom, and such room or space is used for no other purpose and is provided with a solid weather-stripped door equipped with an approved self-closing device. Combustion air shall be taken directly from the outdoors in accordance with Section G2407.6. 4. A clothes dryer is installed in a residential bathroom or toilet room having a permanent opening with an area of not less than 100 square inches (0.06 m2) that communicates with a space outside of a sleeping room, bathroom, toilet room or storage closet. The following section is hereby amended to read as follows: G2415.12 (404.12) Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches (457 mm) below grade, except as provided for in Section G2415.12.1. The following section is hereby amended to read as follows: G2415.12.1 (404.12.1) Individual outdoor appliances. Individual lines to outside lights, grills or other appliances shall be installed not less than 18 inches (457 mm) below finished grade. Exception: Approved materials installed a minimum of 6 inches (152 mm) below finished grade when covered with a concrete slab 4 inches (102 mm) in minimum thickness. The following section is hereby amended to read as follows: G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be 10 psi for non-welded pipe for natural gas, 30 psi for liquid propane gas. Exception: One-piece tubing without joints other than at regulators is not required to be tested during inspection. The last sentence in the following section is hereby amended to read as follows: G2420.5.1 (409.5.1) Located within same room. The shutoff valve shall be located in the same room as the appliance. The shutoff valve shall be within 6 feet (1829 mm) of the appliance, and shall be installed upstream of the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access. Shutoff valves serving movable appliances, such as cooking appliances and clothes dryers, shall be considered to be provided with access where installed behind such appliances. Appliance shutoff valves located in the firebox of a fireplace shall be installed in accordance with the appliance manufacturer’s instructions and shall have a secondary shutoff outside the firebox. The following section is hereby amended to read as follows: G2421.3 (410.3) Venting of regulators. Pressure regulators that require a vent shall be vented directly to the outdoors. The vent shall terminate at least 3 feet from any openings into the building. The vent shall be designed to prevent the entry of insects, water and foreign objects. Exception: A vent to the outdoors is not required for regulators equipped with and labeled for utilization with an approved vent-limiting device installed in accordance with the manufacturer’s instructions. The following section is hereby amended by amending items #1 and #2 and deleting item 7 to read as follows: G2425.8 (501.8) Appliances not required to be vented. The following appliances shall not be required to be vented: 1. Electric ranges. 2. Electric built-in domestic cooking units listed and marked for optional venting. 3. Hot plates and laundry stoves. 4. Type 1 clothes dryers (Type 1 clothes dryers shall be exhausted in accordance with the requirements of Section G2439). 5. Refrigerators. 6. Counter appliances. The following section is hereby amended to read as follows: G2427.4.1 (503.4.1) Plastic piping. Where plastic piping is used to vent an appliance, the appliance shall be listed for use with such venting materials and the appliance manufacturer’s installation instructions shall identify the specific plastic piping material. The plastic pipe venting materials shall be labeled in accordance with the product standards specified by the appliance manufacturer or Page 77 28 shall be listed in accordance with UL 1738. Where installed as an exhaust vent for a gas-fired water heater, the new plastic pipe shall be tested with 5 psi maximum air pressure by the installer prior to being connected to the water heater. The following section is amended to read as follows: G2427.8 (503.8) Venting system terminal clearances. The clearances for through-the-wall direct-vent and nondirect-vent terminals shall be in accordance with Figure G2427.8 and Table G2427.8. Vents shall terminate 12” (305 mm) minimum above anticipated snow level and a minimum of 22 inches (559 mm) above the surface or grade directly below. Exception: The clearances in Table G2427.8 shall not apply to the combustion air intake of a direct-vent appliance. The following section is hereby amended to read as follows: G2439.7.2 (614.8.2) Duct installation. Exhaust ducts shall be supported at 4-foot (1219 mm) intervals and secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the direction of airflow. Ducts shall not be joined with screws or similar fasteners. Where dryer exhaust ducts are enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without deformation. The following section is hereby amended to read as follows: G2439.7.4 (614.9.4) Duct length. The maximum allowable exhaust duct length shall be determined by one of the methods specified in Sections G2439.7.4.1 through G2439.7.4.2. G2439.7.4.1 (614.9.4.1) Specified length. The maximum length of the exhaust duct shall be 35 feet (10,668 mm) from the connection to the transition duct from the dryer to the outlet terminal. Where fittings are used, the maximum length of the exhaust duct shall be reduced in accordance with Table G2439.7.4.1. G2439.7.4.2 (614.9.4.3) Dryer exhaust duct power ventilator length. The maximum length of the exhaust duct shall be determined by the dryer exhaust duct power ventilator manufacturer’s installation instructions. The following section is hereby deleted in its entirety: G2445 (621) UNVENTED ROOM HEATERS. The following section is hereby added to read as follows: G2447.6 Kitchens with gas cooking appliances. In new construction, kitchens with gas-fired cooking appliances shall be supplied with an exhaust system vented to the outside in accordance with section M1503. CHAPTER 25 PLUMBING ADMINISTRATION The following section is hereby amended to read as follows: P2503.5.1 Rough plumbing. DWV systems shall be tested on completion of the rough piping installation by water, by air, or by a vacuum of air for plastic piping systems, without evidence of leakage. The test shall be applied to the drainage system in its entirety or in sections after rough-in piping has been installed, as follows: 1. Water test. Each section shall be filled with water to a point not less than 10 feet (3048 mm) above the highest fitting connection in that section, or to the highest point in the completed system. Water shall be held in the section under test for a period of 15 minutes. The system shall prove leak free by visual inspection. 2. Air test. The portion under test shall be maintained at a gauge pressure of 5 pounds per square inch (psi) (34 kPa) or 10 inches of mercury column (34 kPa). This pressure shall be held without introduction of additional air for a period of 15 minutes. 3. Vacuum test. The portion under test shall be evacuated of air by a vacuum-type pump to achieve a uniform gauge pressure of -5 pounds per square inch or a negative 10 inches of mercury column (-34 kPa). This pressure shall be held without the removal of additional air for a period of 15 minutes. The following section is hereby deleted in its entirety as follows: P2503.6 Shower liner test. CHAPTER 26 GENERAL PLUMBING REQUIREMENTS The following section is hereby amended to read as follows: P2602.1 General. The water-distribution system of any building or premises where plumbing fixtures are installed shall be connected to a public water supply. Where a public water-supply system is not available, or connection to the supply is not feasible, an individual water supply shall be provided. Individual water supplies shall be constructed and installed in accordance with the applicable state and local laws. Sanitary drainage piping from plumbing fixtures in buildings and sanitary drainage piping systems from premises shall be connected to a public sewer. Where a public sewer is not available, the sanitary drainage piping and systems shall be connected to a private sewage disposal system in compliance with state or local requirements. Exception: Sanitary drainage piping and systems that convey only the discharge from bathtubs, showers, lavatories, clothes washers and laundry trays shall comply withTown of Estes Park Department of Health and Environment regulations. Page 78 29 The following section is hereby amended to read as follows: P2603.5 Freezing. A water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provision is made to protect it from freezing by insulation or heat or both. Water service pipe shall be installed not less than 54 inches below finished grade. The following section is hereby amended to read as follows: P2603.5.1 Sewer Depth. Building sewers that connect to private sewage disposal systems shall be not less than 12” below finished grade and shall comply withTown of Estes Park Department of Health and Environment regulations. CHAPTER 27 PLUMBING FIXTURES The following section is hereby added to read as follows: P2708.4.1. Shower head location. Shower heads shall be so located on the sidewall of shower compartments or be arranged so the shower head does not discharge directly at the entrance to the compartment and the bather can adjust the valve prior to stepping into the shower spray. The following section is hereby amended to read as follows: P2717.2 Sink and dishwasher. The combined discharge from a dishwasher and a one- or two-compartment sink, with or without a food-waste disposer, shall be served by a trap of not less than 1½ inches (38 mm) in outside diameter. The dishwasher discharge pipe or tubing shall rise to the underside of the counter and be fastened or otherwise held in that position before connecting to the head of the food-waste disposer or to a wye fitting in the sink tailpiece. Dishwashers may drain into a separately trapped standpipe provided with an air break as shown in Figure P2717. FIGURE P2717 CHAPTER 29 WATER SUPPLY AND DISTRIBUTION The following section is hereby amended to read as follows: P2901.2 Identification of nonpotable water systems. Where nonpotable water systems are installed, the piping conveying the nonpotable water shall be identified either by color marking, metal tags or tape in accordance with Sections P2901.2.1 through P2901.2.2.3. Non-potable water systems shall comply withTown of Estes Park Department of Health and Environment regulations The following section is hereby amended to read as follows: P2903.4 Thermal expansion control. A means for controlling increased pressure caused by thermal expansion shall be installed where required in accordance with Sections P2903.4.1 and P2903.4.2. Thermal expansion tanks shall be installed and supported in Page 79 30 accordance with the manufacturer’s instructions. Thermal expansion tanks shall not be supported by the piping that connects to such tanks. The following section is hereby amended to read as follows: P2904.1 General. The design and installation of residential fire sprinkler systems shall be in accordance with NFPA 13D or Section P2904, which shall be considered to be equivalent to NFPA 13D. Partial residential sprinkler systems shall be permitted to be installed only in buildings not required to be equipped with a residential sprinkler system. Section P2904 shall apply to multipurpose wet-pipe sprinkler systems that do not include the use of antifreeze. A multipurpose fire sprinkler system shall provide domestic water to both fire sprinklers and plumbing fixtures. A backflow preventer shall not be required to separate a sprinkler system from the water distribution system. Section P2910.1 Scope. The provisions of this section shall govern the materials, design, construction, and installation of systems for the collection, storage, treatment, and distribution of nonpotable water. The use and application of nonpotable water shall comply withTown of Estes Park Department of Health and Environment regulations. The following section is hereby amended to read as follows: P2911.1 General. The provisions of this section shall govern the construction, installation, alteration, and repair of on-site nonpotable water reuse systems for the collection, storage, treatment, and distribution of on-site sources of nonpotable water as permitted by the jurisdiction. Non-potable water systems shall comply withTown of Estes Park Department of Health and Environment regulations. The following section is hereby amended to read as follows: P2912.1 General. The provisions of this section shall govern the construction, installation, alteration and repair of rainwater collection and conveyance systems for the collection, storage, treatment and distribution of rainwater for nonpotable applications. The use and application of nonpotable water shall comply withTown of Estes Park Department of Health and Environment regulations. The following section is hereby amended to read as follows: P2913.1 General. The provisions of this section shall govern the construction, installation, alteration, and repair of systems supplying nonpotable reclaimed water. Non-potable reclaimed water systems shall comply with Larimer County Department of Health and Environment regulations. CHAPTER 30 SANITARY DRAINAGE The following section is hereby amended by deleting the exception in its entirety to read as follows: P3003.9.2 Solvent cementing. Joint surfaces shall be clean and free from moisture. A purple primer, or other approved primer, that conforms to ASTM F656 shall be applied. Solvent cement not purple in color and conforming to ASTM D2564, CSA B137.3 or CSA B181.2 shall be applied to all joint surfaces. The joint shall be made while the cement is wet and shall be in accordance with ASTM D2855. Solvent-cement joints shall be installed above or below ground. The following section is hereby amended to read as follows: P3005.2.3 Building drain and building sewer junction. The junction of the building drain and the building sewer shall be served by a cleanout that is located at the junction or within 10 feet (3048 mm) developed length of piping upstream of the junction. For the requirements of this section, removal of a water closet shall not be required to provide cleanout access. When the cleanout is installed at the junction of the building drain and building sewer, it shall be an approved two-way fitting with a single riser not to exceed 4 feet in depth or a two-riser cleanout using back-to-back combination fittings of schedule 40 material. The following section is hereby amended to read as follows: P3009.1 Scope. The provisions of this section shall govern the materials, design, construction and installation of subsurface graywater soil absorption systems connected to nonpotable water from on-site water reuse systems. Subsurface graywater soil absorption systems connected to nonpotable water from on-site water reuse systems shall comply with Larimer County Department of Health and Environment regulations. CHAPTERS 34 - 43 DELETED Chapters 34 through 43 are hereby deleted in their entirety and replaced with the latest edition of the National Electrical Code (NFPA 70) as adopted by the State of Colorado Electrical Board. Such code is hereby adopted by this jurisdiction. The provisions of Chapter 1 of this code shall constitute the administrative provisions for the electrical code of Larimer County as applicable to buildings within the scope of this code. All references in this code to any section of Chapters 34-43 inclusive shall instead refer to the appropriate sections of the electrical code adopted by Larimer County. APPENDICES Appendix AE “Manufactured Housing used as Dwellings” is hereby adopted as amended. The following section is hereby amended to read as follows: Page 80 31 AE102.6 Relocation. Where manufactured homes are to be located at or above 6,000 feet (1829 m) elevation, or in areas where ultimate design wind speeds equal or exceed 140 mph (225 km/h), the permit holder shall install or take snow and wind mitigation measures pre-approved by theTown of Estes Park Building Division. Such measures may include independent, engineered structural roof systems capable or resisting the site design snow load, approved snow removal plans, engineered wind fences, or other engineered site-specific designs considering prevailing winds, exposure, topography, trees and other relevant natural features. The following sections are hereby deleted in their entirety: SECTION AE105 APPLICATION FOR PERMIT SECTION AE106 PERMITS ISSUANCE SECTION AE107 FEES SECTION AE108 INSPECTIONS SECTION AE109 SPECIAL INSPECTIONS SECTION AE110 UTILITY SERVICE Appendix AF “Radon Control Methods” is hereby adopted as amended. The following section is hereby amended to read as follows: AF101.1 General. This appendix contains requirements for new radon-resistant construction for all new dwellings and additions exceeding 1,000 sq. ft. (92.9 m2) in floor area constructed under this code The following section is hereby amended to read as follows: AF103.1 General. The following construction techniques are intended to resist radon entry and prepare the building for postconstruction radon mitigation (see Figure AF103.1). The following section is hereby amended to read as follows: AF103.2 Subfloor preparation. A layer of gas-permeable material shall be placed under all concrete slabs and other floor systems that directly contact the ground and are within the walls of the living spaces of the building, to facilitate installation of a sub-slab depressurization system. Each radon reduction vent pipe riser shall serve no more than 4000 square feet (371.6 m2) of uninterrupted under slab/floor area. The gas-permeable layer shall consist of one of the following: 1. A uniform layer of clean aggregate, not less than 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve. 2. A uniform layer of sand (native or fill), not less than 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases. 3. Other materials, systems or floor designs with demonstrated capability to permit depressurization across the entire subfloor area. The following section is hereby amended to read as follows: AF103.5 Passive submembrane depressurization system. In buildings with crawl space foundations, the following components of a passive submembrane depressurization system shall be installed during construction. The following section is hereby deleted: AF103.5.1 Ventilation. The following section is hereby amended to read as follows: AF103.5.1 Soil-gas-retarder. The soil in crawl spaces shall be covered with a continuous layer of minimum 6-mil (0.15 mm) polyethylene or 3 mil (0.076 mm) cross laminated polyethylene soil gas retarder. The ground cover shall be lapped not less than 12 inches (305 mm) at joints and sealed or taped. The edges of the ground cover shall extend a minimum of 12 inches (305 mm) up onto all foundation walls enclosing the under-floor space and be sealed to the wall and any footing pads. An interior perimeter drain tile loop shall be connected to a plumbing tee or other approved connection as per AF103.5.3. The following section is hereby amended to read as follows: AF103.5.2 Vent pipe. A plumbing tee or other approved connection shall be inserted horizontally beneath the sheeting and connected to a 3- or 4-inch-diameter (76 or 102 mm) fitting with a vertical vent pipe installed through the sheeting. The vent pipe shall be extended up through the building floors and terminate not less than 12 inches (305 mm) above the roof in a location not less than 10 feet (3048 mm) away from any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings. The following section is hereby added to read as follows: AF103.13 Provisions for future depressurization fan installation. Permanent provisions shall be made for the future installation of an in-line fan to be connected to every radon vent pipe. Such designated fan locations shall be outside of the conditioned envelope of the building, such as in the attic, garage, and similar locations, excluding crawl spaces and other interior under-floor spaces. Designated locations shall accommodate an unobstructed permanent cylindrical space with the following minimum dimensions: 12 inches (305 mm) measured radially around the radon vent pipe along a vertical distance of 30 inches (760 mm). Designated fan locations shall be permanently accessible for servicing and maintenance. An electrical receptacle outlet shall be provided within 4 feet (1,219 m) of and within sight from designated fan locations and installed so as to not be covered by insulation. A light fixture shall be installed in the area of future fan location. Page 81 32 The following section is hereby amended by amending item #10 and deleting #11 to read as follows: AF104.1 Testing. Radon testing shall be as specified in Items 1 through 10: 1. Testing shall be performed after the dwelling passes its air tightness test. 2. Testing shall be performed after the radon control system and HVAC installations are complete. The HVAC system shall be operating during the test. Where the radon system has an installed fan, the dwelling shall be tested with the radon fan operating. 3. Testing shall be performed at the lowest occupied floor level, whether or not that space is finished. Spaces that are physically separated and served by different HVAC systems shall be tested separately. 4. Testing shall not be performed in a closet, hallway, stairway, laundry room, furnace room, bathroom or kitchen. 5. Testing shall be performed with a commercially available radon test kit or testing shall be performed by an approved third party with a continuous radon monitor. Testing with test kits shall include two tests, and the test results shall be averaged. Testing shall be in accordance with this section and the testing laboratory kit manufacturer’s instructions. 6.Testing shall be performed with the windows closed. Testing shall be performed with the exterior doors closed, except when being used for entrance or exit. Windows and doors shall be closed for not fewer than 12 hours prior to the testing. 7. Testing shall be performed by the builder, a registered design professional or an approved third party. 8. Testing shall be conducted over a period of not less than 48 hours or not less that the period specified by the testing device manufacturer, whichever is longer. 9.Written radon test results shall be provided by the test lab or testing party. The final written test report with results less than 4 picocuries per liter (pCi/L) shall be provided to the code official. 10. Where the radon test result is 4 pCi/L or greater, the fan for the radon vent pipe shall be installed as specified in Sections AF103.12 and AF103.13. Exception: Testing is not required where the occupied space is located above an unenclosed open space. Appendix AH “Patio Covers” is hereby adopted as amended: The following section is hereby amended to read as follows: AH105.2 Footings. In mobile home parks for patio covers supported independently of the home using approved post bases on a slab-on-grade without footings, the slab shall conform to the provisions of Section R506, shall be not less than 3.5 inches (89 mm) thick and the columns shall not support live and dead loads in excess of 750 pounds (3.34 kN) per column. Appendix AJ “Existing Buildings and Structures” is hereby adopted as amended. The following section is hereby amended to read as follows: AJ102.4.3 Replacement windows for emergency escape and rescue openings. Where windows are required to provide emergency escape and rescue openings, replacement windows shall be exempt from Sections R310.2 and R310.4 provided that the replacement window meets the following conditions: 1. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The building official may allow the replacement window to be of the same operating style as the existing window so long as it provides for an equal or greater window opening area, or require upgrading to a window style that maximizes the opening area within the existing window frame. 2. Where the replacement window is not part of a change of occupancy. Window opening control devices and fall prevention devices complying with ASTM F2090 shall be permitted for use on windows serving as required emergency escape and rescue openings. The following section is hereby added to read as follows: AJ 102.10 Moved buildings or structures. Building and structures moved into or within Town of Estes Park shall comply with the provisions of the codes in effect when the building was built, or the 1970 Uniform Building Code and the 1977 Colorado Energy Conservation as amended and adopted by Town of Estes Park if the building was constructed prior to January 1, 1972. In addition, moved buildings and structures shall meet the requirements of wind loads, snow loads, flood hazard areas, wildfire hazard areas, and fireplace-restricted areas of their new location. The following section is hereby added to read as follows: AJ 102.11 Moved manufactured or mobile homes. Where manufactured or mobile homes are to be located at or above 6,000 feet (1829 m), or in areas where ultimate design wind speeds equal or exceed 140 mph (225 km/h), the permit holder shall install or take snow and wind mitigation measures pre-approved by the Town of Estes Park Building Division. Such measures may include independent, engineered structural roof systems capable or resisting the site design snow load, approved snow removal plans, engineered wind fences, or other engineered site-specific designs considering prevailing winds, exposure, topography, trees and other relevant natural features. Appendix AM “Home Day Care – R3 Occupancy” is hereby adopted in its entirety. Appendix AQ “Tiny Houses” is hereby adopted in its entirety. Page 82 33 Appendix AR “Light Straw-Clay Construction” is hereby adopted in its entirety. Appendix AS “Strawbale Construction” is hereby adopted in its entirety. Appendix AU “Cob Construction (Monolithic Adobe)” is hereby adopted in its entirety. Page 83 Memo To: Jessica Garner, Community Development Director Gary Rusu, Chief Building Official (SAFEbuilt) From: Jennifer Waters, Floodplain Administrator Date: 2/23/2023 re: ICC Code Updates for Town of Estes Park Adoption of the 2021 ICC Codes, such as the IRC and IBC, would provide more effective support of floodplain management in Estes Park. FEMA-supported studies, such as Building Codes Save and Natural Hazard Mitigation Saves, report on the benefits and cost savings for communities with current building codes. Updating our codes matters for successful grant applications. FEMA’s Building Resilient Infrastructure and Communities (BRIC) program funds mitigation projects to reduce risks from natural hazards such as riverine flooding. BRIC equates current building codes with resilience and allots application scoring points based on building code criteria. The National Flood Insurance Program (NFIP) includes the Community Rating System (CRS), an incentive program that uses building code metrics to award credits that result in lower flood insurance premiums for policy-holders. Newer code adoption translates to more CRS Activity credits. Participation in the CRS has been a Town Goal in the Strategic Plan. Resources: Building Codes Adoption Playbook For Authorities Having Jurisdiction FEMA P-2196/August 2022 Building Codes Save: A Nationwide Study – Losses Avoided as a Result of Adopting Hazard-Resistant Building Codes FEMA / November 2020 Natural Hazard Mitigation Saves (2019 Report) National Institute of Building Sciences PUBLIC WORKS Attachment 3 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99       Page 100 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: February 28, 2023 RE: 1A Renewal Purpose of Study Session Item: Review process for considering renewal of the 1A sales tax. Present Situation: Voters approved the one-percent 1A sales tax in April 2014. The tax took effect on July 1, 2014 and will expire on June 30, 2024. The 1A sales tax funds four special revenue funds: the Street Improvement Fund, the Trails Expansion Fund, the Community Center Fund, and the Emergency Response Fund. The 2023 Town Board Strategic Plan instructs staff to “develop a process for Town Board consideration of a ballot measure asking voters to renew the 1A sales tax.” Proposal Staff proposes the following conceptual process for Town Board consideration of a ballot measure asking voters to renew the one-percent sales tax: •Confirm Town Board interest in exploring renewal of the one-percent sales tax; •Utilize the Town’s National Community Survey results, the Comprehensive Plan, and consultation with subject-matter experts to develop a draft breakdown of renewal components; •Solicit feedback from the public, Advisory Boards, and community partners on the draft breakdown of renewal components (this could include public meetings, meetings with stakeholder groups, workshops, etc.); and •Present the draft breakdown of renewal components and summary of feedback to Town Board. Finance/Resource Impact: N/A Level of Public Interest Medium Attachments •N/A Page 101       Page 102 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: February 28, 2023 RE: Fine Arts Guild Performing Arts Center Purpose of Study Session Item: Review proposed process for considering the construction and operation of a performing arts center within Stanley Park. Town Board Direction Requested: Staff requests Town Board direction on the sufficiency of the proposed process for the consideration of a performing arts center use in Stanley Park. Present Situation: In 2021, the Fine Arts Guild approached the Town with a proposal to construct and operate a performing arts center on the Town-owned parcel at the intersection of Moraine Avenue and Elm Road. At the October 25, 2022 Town Board meeting, the Board indicated that it would prefer to explore Stanley Park as a location for this proposal rather than the property at the intersection of Moraine Avenue and Elm Road. To that end, the Board directed staff to draft a process for considering a performing arts center use within Stanley Park. Proposal Staff proposes the following process: •Fine Arts Guild funds an update to the Master Plan, with the Town selecting and overseeing the consultant. o The purpose of the Master Plan update would be to answer the following questions: Is a performing arts center a good fit for Stanley Park? If yes, where is the optimal place to locate a center within Stanley Park? What existing elements, if any, would need to be relocated to accommodate the performing arts center and what would the relocation of these elements cost the Town? o The update would also provide an opportunity for the Board to hear and consider public feedback. Page 103 • If the Master Plan Update supports the construction and operation of a performing arts center within Stanley Park, the Town would: o Develop an agreement with the Fine Arts Guild for use of the space that includes:  Fundraising/final design/construction timelines;  Operating parameters; and  Other lease terms. o This agreement would go to the Town Board for consideration with contextual information about cost to Town of relocating elements to accommodate location. Finance/Resource Impact: N/A Level of Public Interest Medium Attachments • N/A Page 104 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Staff Liaison to the Family Advisory Board Date: February 28, 2023 RE: Family Advisory Board Check-In Purpose of Study Session Item: The purpose of this Study Session is to provide the Town Board with an opportunity to check in regarding the Family Advisory Board. Town Board Direction Requested: Staff requests direction from the Town Board regarding next steps, if any, pertaining to the FAB. Present Situation: At a Study Session held on November 9, 2021, the Town Board discussed ongoing issues related to the Community and Family Advisory Board (CFAB). Trustee Younglund and Mayor Pro Temp Martchink were appointed by the Town Board at the conclusion of the discussion to work with the CFAB and its staff liaison on recommendations for next steps. After the November 9 Study Session, the CFAB, acknowledging that there were areas for improvement, developed a set of recommendations related to organizational and structural changes for consideration by Trustee Younglund and then Mayor Pro Tem Martchink. These recommendations were conveyed in a memo titled “Proposals for Refocusing the Community and Family Advisory Board,” attached. At a Study Session held on February 8, 2022, Trustee Younglund and Mayor Pro Tem Martchink recommended that the Town Board permit the FAB to ”refocus” as proposed and that doing so would lead to desired improvements with respect to the way the CFAB was organized and operated and with respect to how the CFAB communicated with the Board. The Town Board agreed to the recommendation and decided to open the application process to add members so that the CFAB, which changed its name back to the “Family Advisory Board (FAB),” could resume meeting. FAB meetings resumed in May when new members were appointed. Acknowledging that over a year has passed since the last Town Board discussion regarding the FAB, the Town Board scheduled a Study Session to check in on progress Page 105 made on expectations and goals outline in the attached memo. Since that time, while no recommendations were provided to the Town Board, the FAB: •created an onboarding memo for new FAB members •assembled a list of mental health resources in Larimer County, which was published in the Trail-Gazette •held two in-person listening sessions, one focused on Spanish speaking members of the community •received informational presentations regarding the VEP Lodging Task Force, gun violence, mental health co-responders, and changes to services provided by the hospital •established a schedule to provide in-person reports to the Town Board on a quarterly basis beginning in March 2023 Three members have resigned from FAB since it resumed meeting in May (one previous member and two newly appointed members), leaving only the minimum number of members to continue meeting under the Board’s bylaws. Proposal: That the Town Board discuss progress made by the Family Advisory Board and determine next steps, including whether to convene the interview panel to interview prospective new members. Advantages: Periodic check-ins with Advisory Boards help ensure they are serving their desired function. Disadvantages: N/A Financial/Resource Impact: N/A Level of Public Interest: Medium Attachment: 1.CFAB Memo: “Proposals for Refocusing the Community and Family Advisory Board” Page 106 MEMO TO: Trustee Cindy Youngland, Mayor Pro-tem Patrick Martchink; Assistant Town Manager Jason Damweber FROM: Members of the Community and Family Advisory Board RE: Proposals for Refocusing the Community and Family Advisory Board Following the January 6, 2022, meeting of members of the Community and Family Advisory Board along with Trustee Cindy Youngland and Assistant Town Manager Jason Damweber, the following recommendations are proposed to the Estes Park Town Board regarding CFAB. The CFAB members present for the meeting were: Laurie Dale Marshall, Chair; Nancy Almond, Vice-Chair, Patti Brown, Christy DeLorme; and Sue Strom. John Bryant was not able to attend, and Chris Douglas has decided to step off the board. The role of the Community and Family Advisory Board For purposes of clarity and direction, the CFAB members recommend that the bylaws of the advisory board be modified from the currently stated ones x Research and summarize factual data on issues of importance to families in the Estes Valley, x Develop recommended policies that align with the Town Board Strategic Plan to address these issues, and x Present these recommendations to the Town Board and/or Town staff to: x Research, review, and summarize data on issues, challenges, needs, service gaps, and barriers to services facing families in the Estes Valley. x Discuss, prioritize, and summarize information to share with Estes Park Town Board, and present policy recommendations that align with or inform the Town Board’s Strategic Plan. x Provide the perspective of families on current projects and plans of the Town Board and deliver informed and timely responses to Town Board for information as requested. Name of Board The CFAB member recommend that the name of the advisory board be returned to its original name, Family Advisory Board. The reason is to place emphasis on the family as an important social unit. The CFAB members would like to adopt an operational definition of the term family to provide focus to its activities while recognizing the difficulty in in doing so because families come in so many different shapes and sizes. The following is proposed as the advisory board’s adopted definition of family: Attachment 1 Page 107 In our society the definition of “family” has changed from what was once considered a “traditional family” to various household configurations of two or more people who share a bond of marriage, blood, or commitment. The Family Advisory Board recognizes that the ages of individuals within a family unit may range from infants, children, teens, adults, seniors, to the elderly. These differing household groups have various needs and concerns, yet they share the common thread of being a household unit under the broad umbrella of “family.” Board Membership The membership of the Family Advisory Board should include representatives from key family- serving organizations across the community, as well as members-at-large who represent the voice and perspective of diverse families. As board members are intentionally recruited, the following organizations should be consulted to identify individuals to sit on the FAB. x Estes Park Schools x Estes Park School Board x Estes Valley Recreation and Park District Board x Estes Valley Investment in Childhood Success Family Resource Center x Crossroads Ministry x Estes Park Health and/or Salud x Estes Park Housing Authority x Restorative Justice x Law Enforcement x Estes Valley Crisis Advocates x Partners Mentoring Youth x SummitStone x Organizations that receive their base-funding or grant money from the town of Estes Park. x Business community/Estes Chamber of Commerce Expectations and Initiatives of the Family Advisory Board x As an advisory board, the Family Advisory Board is tasked with monitoring issues of importance to families in Estes Park and to bring that information to the Town Board. x FAB is charged with providing quarterly written reports and as needed in-person presentations to Town Board on matters of concern regarding families. x The FAB will make policy recommendations to the Town Board concerning issues related to families. x The FAB will review the proposed Town’s Strategic Plan and make recommendations to the Town Board to ensure that the needs and concerns of families are reflected in the plan. x The FAB meets a minimum of 10 times per year, monthly, with the option of no meeting in July and December. Page 108 x Annually, CFAB will review and update the Community Resource List provided on Town’s website in partnership with local nonprofit organization to ensure that it is remains an important resource of information for family-based services. Additional Goals for the FAB in 2022 x The FAB will develop a mission statement to further provide clarity and direction about the purpose of the advisory board. x The FAB will develop a board member on-boarding resource guide explaining roles and time commitments. x The FAB will develop an annual calendar that will provide structure to its meetings. The annual calendar will consider the timing of the town’s strategic planning and budget process, and also key dates and events related to the network of family-service organizations. x The FAB will maintain a list of key areas of focus, revisiting the list quarterly to adapt and refine it as necessary. x The FAB will provide feedback to the Town Board and Staff in producing and/or reviewing the annual community services survey. x The FAB will provide feedback to the Town Board and Staff in the selection of community organizations and programs that provide services to families and that receive their base funding from the town. x The FAB will develop a communications plan to keep the community advised of its purpose and its activities. x The FAB will network throughout the year with family-service organizations to keep abreast of the pulse of family concerns in the Estes Park community, and to keep the various community programs and organizations aware of the purpose and work of FAB. Proposed Agenda for FAB Meetings: (1.5 hours) x Welcome/Updates/Announcements from FAB Chair x Introductions and updates from members - roundtable x Report and updates from Staff Liaison x Report and requests from TB Liaison x Action items: o Minimum of one action item will be addressed at each meeting. Action items will be selected by FAB officers prior to the meeting and will directly align with FAB mission/vision statement. o This portion of the meeting may include a presentation on new or updated info, a guest speaker, presentation from member organization, or discussion/response to a request brought to FAB by the trustee liaison or assistant town manager. x Old/New Business – a time for members to ask questions, follow-up on prior business, or suggest new items of business for consideration. x Prepare for quarterly presentation to Town Board. Page 109       Page 110 TOWN ADMINISTRATOR’S OFFICE Report To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: February 28, 2023 RE: Semi-Annual Compliance Review with Board Governing Policies – Policy 1.10 Self-Monitoring of the Board Purpose of Study Session Item: Conduct semi-annual self-monitoring of compliance with Town Board Governing Policies per Governing Policy 1.10. Present Situation: Policy 1.10 (Self-Monitoring of the Board) establishes a semi-annual review process to ensure that the Town Board is systematically and rigorously monitoring its compliance, both individually and collectively, with the Board’s adopted Governing Policies. Monitoring is on an exception basis, which means that discussion at the Study Session will be limited to Town Board member concerns about compliance with the policies listed in section 1.10.6. Finance/Resource Impact: N/A Level of Public Interest Low Attachments 1.Town Board Governing Policies Page 111 1 Governing Policies of the Town of Estes Park Board of Trustees Attachment 1 Page 112 2 Introduction These Governing Policies, as adopted by the Board of Trustees, incorporate four categories of policy. The first category is the Governance Process, which clarifies the board's own job and rules, how they work together and how the Board relates to the citizens of Town of Estes Park. Category two is Board/ Staff Linkages which outlines the delegation and accountability through the Town Administrator. The third Category is Executive Limitations which describes the prudence and ethics, and limitations of the authority and responsibilities of the Town Administrator in his/her role as the Chief Appointed Official for the board directing the staff of the Board of Trustees. The first three all work together to efficiently and effectively implement the fourth Category, which is the vision, direction, and policy of the Board of Trustees. These describe what benefits will occur, for which people, at what cost. To further its accountability to the citizens and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance: 1. Ownership: The Board connects its authority and accountability to its “owners” – the citizens and taxpayers of the Town – seeing its task as servant leader to and for them. 2. Governance Position: With the ownership above it and operational matters below it, governance forms a distinct link in the chain of command and authority. The Board’s role is that of commander, not advisor. It exists to exercise that authority and properly empower others rather than to be management’s consultant, or adversary. The Trustees—not the staff—bears full and direct responsibility for the process and products of governance, just as it bears accountability for any authority and performance expectations delegated to others. 3. Board Holism: The Board of Trustees makes authoritative decisions directed toward management and toward itself, its individual Trustees, and committees only as a total group. That is, Town Board authority is a group authority rather than a summation of individual authorities. 4. Goals Policies: The Town Board defines, in writing, the (a) results, changes, or benefits that should come about for specified goals (b) recipients, beneficiaries, or otherwise defined impacted groups, and (c) at what cost or relative priority for the various benefits or various beneficiaries. These are not all the possible “side benefits” that may occur, but those that form the purpose of the organization, the achievement of which constitutes organizational success. Policy documents containing solely these decisions are categorized as “Goals” in the policies that follow. 5. Board Means Policies: The Board of Trustees defines, in writing, those behaviors, values added, practices, disciplines, and conduct of the Board itself and of the Board’s delegation/accountability relationship with its own subcomponents and with the management part of the organization. Because these are not decisions relating to Goals, they are called “Board Means” to distinguish them from “Ends” and “Staff Means”. These decisions are categorized as “Governance Process” and “Board Management Delegation”. Page 113 3 6. Management Limitations Policies: The Board makes decisions with respect to its staff’s means decisions and actions only in a proscriptive way in order simultaneously (a) to avoid prescribing means and (b) to put off limits those means that would be unacceptable even if they work. These decisions are categorized as “Management Limitations” in the policies that follow. 7. Self-Enforcing – These policies are collectively adopted by the Estes Park Board of Trustees and as such only the board and individual trustees are responsible for compliance both individually and collectively. Page 114 4 TOWN OF ESTES PARK BOARD OF TRUSTEES GOVERNING POLICIES MANU AL Table of Contents Category 1. Governance Process Policy 1.0 Governance Commitment Policy 1.1 Governing Style Policy 1.2 Operating Principles Policy 1.3 Board Job Description Policy 1.4 Mayor’s Responsibility Policy 1.5 Reserved Policy 1.6 Board Appointed Committee Principles Policy 1.7 Board Liaison Roles Policy 1.8 Board Committee Principles Policy 1.9 Annual Planning and Agendas Policy 1.10 Self-Monitoring of the Board Category 2. Board/Staff Linkage Policy 2.0 Governance - Management Connection Policy 2.1 Delegation to the Town Administrator Policy 2.2 Town Administrator Job Description Policy 2.3 Monitoring Town Administrator Performance Policy 2.4 Town Attorney Category 3. Staff Limitations Policy 3.0 General Town Administrator Constraint Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.3 Financial Planning Policy 3.4 Financial Condition and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.7 Emergency Preparedness Policy 3.8 Compensation and Benefits Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 General Town Administrator Constraint – Quality of Life Page 115 5 Policy 3.12 General Town Administrator – Internal Operating Procedures Policy 3.13 Town Organizational Plan Category 4. Ends Statements Policy 3.0 Ends Statements and Key Outcome Areas of the Board of Trustees Page 116 6 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.0 POLICY TITLE: GOVER NANCE COMMI TMENT Within the authority granted to it by Colorado Revised Statutes, the purpose of the Town of Estes Park Board of Trustees (the “Board”), on behalf of the citizens of Town of Estes Park, is to see to it that the Town of Estes Park government 1) achieves results for citizens at an acceptable cost and 2) avoids unacceptable actions and situations. 1.1 The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactively rather than reactively. 1.2 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of the Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. 1.3 The job of the Board of Trustees is to make contributions which lead the Town Government toward the desired performance and to assure that it occurs. The Board’s specific contributions are unique to its trusteeship role and necessary for proper governance and management. 1.4 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). 1.5 The Board expects of its members ethical and businesslike conduct. 1.6 The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. 1.7 The Board of Trustees may appoint an individual Trustee to serve as the official liaison of the Board to Town Boards and Commissions. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.8 Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Page 117 7 Committee’s may not vote or adopt policy, but may make recommendations to the Town Board for action. 1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re-exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. 1.10 The Board of Trustees will systematically and rigorously monitor compliance with these adopted policies, both individual and collectively, to determine the extent to which policies are being followed. Page 118 8 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.1 Rev 7-25-17 POLICY TITLE: GOVER NI NG STYL E The Board of Trustees will approach its task with a style which emphasizes outward vision rather than an internal preoccupation, strategic leadership more than administrative detail, clear distinction of Board and staff roles, collective rather than individual decisions, future rather than past or present, and proactive rather than reactive. In this spirit: (1) The Board of Trustees will operate fully aware of its trusteeship and stewardship obligation to its constituents. (2) The Board of Trustees will conduct itself individually and collectively with whatever discipline is needed to govern with excellence through: 1. Being committed to matters such as policy making principles, role clarification, speaking with one voice and self-policing of any tendency to stray from governance adopted in Board policies. 2. Individual Board members’ thorough preparation for meetings and regular attendance. 3. Continuation of Board development including orientation of new members in the Board’s governance process, participation in relevant continuing education, and periodic Board discussion of process improvement. (3) The Board of Trustees will direct, the organization through the careful establishment of broad written policies reflecting the Board’s values and perspectives. The Board’s emphasis will be on impacts on the Town outside the organization, not on the administrative means. (4) The Board of Trustees, as trustee for and working with the citizens of the Town of Estes Park, will be the primary initiator of policy, and will also be receptive to other policy initiatives from citizens and staff. The Board, not the staff, will be responsible for Board performance as specified in the policy entitled Board Job Products. (5) The Board of Trustees will be accountable to the Citizens of the Town of Estes Park for competent, conscientious and effective accomplishment of its obligations as a body. It will allow no individual, committee or entity to usurp Page 119 9 this role or hinder this commitment. (6) The Board of Trustees will monitor and discuss the Board’s own process and performance, and ensure the continuity of its governance capability through continuing education and training. (7) A member of the Board of Trustees who votes in the minority is free to express his/her dissent but will respect the process and legitimacy of the majority decision. (8) All Town Trustees will respect legitimacy of the opinions and reasoning of other Trustees when and after making board decisions. (9) Agree not to hold grudges or bring disagreements from past actions into future decisions. (10) A member of the Board of Trustees who, in their sole opinion, believes they have a conflict of interest or for any other reason believes that they cannot make a fair and impartial decision in a legislative or quasi-judicial decision, will recuse themselves from the discussion and decision. Any recusal will be made prior to any board discussion of the issue. (11) Any Trustee may choose to abstain from voting on any question, at their sole discretion. If there is not conflict of interest or reason for recusal as outlined in 1.1(10), the trustee may participate fully in Board discussions of the issue, yet abstain from voting, should they so choose. Page 120 10 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.2 POLICY TITLE: OPERATI NG PRI NCI PLES Rev 7-25-17 The operating principles and commitments of the Board of Trustees, as it relates to the working relationship between the Trustees, staff and citizens of Town of Estes Park, are to emphasize fairness; responsibilities as elected officials; respect; honesty and integrity; and communication. As such, the Board shall adopt and comply with a Board Code of Conduct and associated Operating Principles Page 121 11 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.3 POLICY TITLE: BOARD J OB DESCRI P TI ON The job of the Board of Trustees is to lead the Town Government toward the desired performance and to assume a good faith effort toward those objectives. The Board’s leadership is unique to its trusteeship role and necessary for proper governance and management. 1.3.1 The products of the Board shall be: 1. Linkage: As the Town of Estes Park Board of Trustees places a high value on open, participatory government, the board will produce the linkage between Town of Estes Park go vernment and the Citizens of Town of Estes Park. A. Needs Assessment: The Board of Trustees will strive to identify the needs of the citizens as they relate to Town of Estes Park’s activities and scope of influence, and shall translate such knowledge into the articulation of Board Objectives policies (see definition below). B. Advocacy and Ambassadorship: The Board of Trustees will act as the representatives of the citizens to the Town of Estes Park government, and shall take steps to inform and clarify: i. the citizens relationship with government, and ii. the organization’s focus on future results, and as well as present accomplishments. C. Communication: i. Any Board member expressing a personal point of view on a matter of Town business must include language which states the views expressed do not represent the view of the Town, rather they are the official’s personal opinions, unless previously authorized to speak on behalf of the Board of Trustees, or when articulating a position official adopted by the Board of Trustees. ii. ii. Board members should recognize that they may be legally liable for anything they write, present online or say. 2. Written governing policies that, at the broadest levels, address each category of organizational decision: A. GOVERNANCE PROCESS: Specification of how the Board of Trustees conceives carries out and monitors its own task Page 122 12 B. STAFF LIMITATIONS: Constraints on staff authority which establish the prudence and ethics boundaries within which all Town Administrator and staff activity and decisions must take place. C. BOARD/STAFF LINKAGE: How power is delegated and its proper use monitored; the role, authority and accountability of the Town Administrator (and the Town Attorney).. D. OUTCOMES: Organizational products, effects, benefits, to answer the questions for (what good, for which recipients, and at what cost?). 3. The Board will produce assurance of: A. Town Administrator performance (in accordance with policies in 2A and 2B) B. Town Attorney performance (in accordance with policies in 2A and 2B) 4. Adopted resolutions, regulations, ordinances, and fee schedules; legislative positions; the Audit; the Budget; Boards and Commissions; and statutorily mandated items. 1.3.2 Role of Town Trustees 1.3.2.1 Representation: i. Providing leadership for the Town on behalf of the citizens of Estes Park. ii. Representing and acting in the best interest of citizens of the Town of Estes Park. iii. Being knowledgeable of issues, researching background information, attending regularly scheduled meetings, and acting as a resource for citizens’ concerns. iv. Serving as a conduit for information from citizens to the Town Administrator and the Mayor in responding to questions and individual problems. v. Finding a balanced approach for addressing competing interests among constituent groups to ensure the community is fairly represented. vi. Representing the Board of Trustees on standing committees of the Town for the purpose of monitoring major Town activities and policy implementation. 1.3.2.2 Legislative: I. Serving as the governing body of the Town and holding all legislative and corporate powers of the Town specifically granted or implied by statutory provisions and the Municipal Code. II. Enacting ordinances, resolutions and policies for the governance of the Town of Estes Park and protecting the life, health and property of its citizens and visitors. III. Establishing policy for the direction of the Town Board and Town Staff. IV. Establishing fiscal policy, financial targets, and budget goals for the Town government. Page 123 13 V. Having final decision making responsibilities over pertinent land use issues and application of development code requirements within the Town of Estes Park. 1.3.2.3 Quasi-Judicial: i. Acting in a quasi-judicial manner in matters brought before it that relate to public hearings, appeals, land use, and liquor licensing. ii. Making decisions concerning quasi-judicial matters based upon testimony presented at formal hearings which are normally conducted during regularly scheduled Town Board meetings. iii. Not accepting nor seeking outside input or lobbying that attempts to influence their decision prior to the quasi-judicial Public Hearing. Any and all ex parte communication shall be disclosed at the beginning of the hearing. Not doing so may cause a Trustee to be disqualified from the proceedings. 1.3.2.4 Communications: I. Following a formal decision, acting as a united body, not as individual Trustees, and acknowledging the decision of the Town Board. II. The Town Administrator is the sole point of contact between the Trustees, as policy makers, and Town Staff. III. Interacting with the media, governmental entities, the public or other bodies as individual Trustee and not as a representative of the majority of Trustees unless an official position or legislative action has been established or authorized to do so. IV. Communicating to the Mayor and other Trustees items of importance from their respective committees and providing information that may be necessary to keep other members aware of important Town activities or critical functions. V. In times of community emergency, it is important that the Town Board speak with one voice. The Mayor, or the Mayor Pro-Tem, if the Mayor is not available, shall speak for the Board during an emergency. Other trustees will refer all requests for information to the Mayor or Mayor Pro-Tem. The Mayor will coordinate all communication with the incident commander and the Town Administrator. The purpose of this policy is not to restrict the communication of the trustees or the Mayor, but to insure all communication is timely and accurate and is in concert with the incident response plan. Page 124 14 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.4 POLICY TITLE: MAYOR ’S RESP ONSI BI LI TY REV 2/2016 The responsibility of the Mayor is, primarily, to establish procedural integrity and representation of the Board of Trustees and the Town to outside parties (as delegated by the Board). Accordingly: 1.4.1. The responsibility of the Mayor is to consistently guide the behavior of the Board with its own rules and those legitimately imposed upon it from outside the organization. 1.4.1.1. Meeting agendas and discussion content will be only those issues which, according to Board policy, clearly belong to the Board to decide, not the Town Administrator. 1.4.1.2. Deliberation will be fair, open, orderly and thorough, but also efficient, limited to time, and kept to the point. a. 1.4.2. The authority of the Mayor is to preside over meetings and to sign documents as authorized by the Board of Trustees and to preside over the evaluation of the Town Administrator by the Town Board. 1.4.3. The Mayor shall not act on behalf of the Town in any unilateral manner, except as approved by the Board of Trustees. This shall include any appointment of committee or board positions, making any financial or other binding obligations on behalf of the town, or expressing the official position of the Town on any matter. 1.4.4 Representation: 1.4.4.1 Provide leadership for the Town of Estes Park. 1.4.4.2 Serve as the primary representative of the Town of Estes Park in official and ceremonial functions. 1.4.4.3 Represent the Town in interaction with other government agencies. 1.4.4.4 Be the spokesperson for the Town unless the Town Board has decided otherwise. 1.4.4.5 Represent the Town Board as a liaison with the Town Administrator to promote the timely flow of information between the Town Board, Town Staff and other governmental organizations. 1.4.4.6 Represent the Town on the Platte River Power Authority Board. 1.4.5 Enactment: 1.4.5.1 Mayor in conjunction with the Town Board and Town Administrator enforces the ordinances and laws of the Town. 1.4.5.2 Signs all warrants (see section 2.12.020 of the Municipal Code). Page 125 15 1.4.5.3 Executes all ordinances and resolutions authorizing expenditure of money or the entering into a contract before they become valid. 1.4.5.4 Mayor with, Town Board approval, appoints members of committees, and other entities that may be necessary from time to time for the effective governance of the Town. 1.4.5.5 Facilitating policies and procedures for the effective management of the Board, establishing Town goals in conjunction with the Town Board, promoting consensus and enhancing Board performance. 1.4.6 Mayor Pro Tem – Mayor Pro Tem shall assume all duties of the Mayor in the Mayor’s absence in accordance with Section 2.16.010 of the Municipal Code. 1.4.7 – Mayoral Appointments 1.4.7.1 – Board Standing Committees – “At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint three (3) Trustees to the following standing committees: Community Development/Community Service and Public Safety/ Utilities/Public Works; and the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) 1.4.7.2 Special Assignments – The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 1.4.7.3 Special committees. - Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (EP Municipal Code 2.08.020) 1.4.8 Voting Privileges – The Mayor has full voting privileges for items coming before the Board of Trustees. (Ord. 04-16) Page 126 16 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.5 Rev 7-25-17 POLICY TITLE: Reserved Page 127 17 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.6 POLICY TITLE: BOARD COMMITTEE REV 4/15/15 PRI NCI PLES For simplicity and clarity in this policy, the term “Committee” shall refer to any board, commission, task force, council, committee or any other volunteer group of citizens. The Board of Trustees may establish committees to advise the Board in carrying out its responsibilities. Other than those statutorily required, all committees appointed by the Town of Estes Park Board of Trustees exist so that Board decisions (a) will be made from an informed position, and (b) will be made in a public forum consistent with Board policy. Accordingly: 1.6.1 Committees which are appointed by the Board of Trustees. 1.6.1.1 - It is the policy of the Board of Trustees to encourage citizen involvement in town affairs, as well as to avoid conflicts involving trustees who serve on committees, boards, commissions and organizations. For these reasons, the trustees have agreed that a trustee shall serve only as a liaison to town committees, commissions and boards. 1.6.1.2 -Other than those legislatively directed, committees may not speak or act for the Board of Trustees except when formally given such authority for specific and time-limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the staff. 1.6.1.3 - Committees appointed by the board are to help the Board of Trustees do its job, not to help the staff do its job. Committees ordinarily will assist the Board by preparing policy alternatives and implications for Board deliberation. Committees are not created by the Board to advise staff. The Board understands that at times the Town Administrator or Town Staff may convene ad- hoc or ongoing advisory boards to serve as advisors for operational issues. These advisory groups are subject to the same limitations as Board appointed committees. 1.6.1.4 - In keeping with the Board of Trustees’ broader focus, committees normally will not have direct dealings with current staff operations. Committees cannot exercise authority over staff. 1.6.1.5 - Because the staff works for the Board, they will not be expected to obtain approval of a committee before taking action unless otherwise authorized by state statute, Board policy, or federal regulation. 1.6.1.6 -Because of the differing nature of committees, some of which are defined by state statute, the Board shall have and keep current an operating policy defining the role of different committees and setting forth rules and procedures for Town of Estes Park committees (Operating Policy 102). Page 128 18 1.6.1.7 -The authority and responsibility of any committee will not duplicate the authority or responsibility of: a) The Board of Trustees b) Town Staff c) Any other committee d) Town Auditor e) Town Attorney 1.6.1.8 - All committees will undergo a regular sunset review, at least once every five years, unless otherwise provided for more frequently and according to a staggered schedule to be adopted separately by the Board of Trustees. 1.6.1.9 - Said sunset review shall include a review of the Board and Commission’s Mission Statement, and of the Board of Trustees’ charge to the Committee of their role, responsibility and authority. 1.6.2 - Outside Committees At times a Trustee may seek to serve or be asked to serve on an outside committee not appointed by the Board of Trustees. A Trustee may seek or be asked to serve on an outside committee in an official capacity representing the Board and the Town of Estes Park, or as an individual Board member, not as the official representative of the Town or the Board. 1.6.2.1 - Official Representation a) No Trustee may represent the Town or the Board of Trustees or represent themselves as being an official representative or speak for the Town or the Board without have first been officially designated as the Town’s representative by the Board of Trustees at a regular meeting of the Board. b) The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town . The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. c) A trustee serving on an outside committee shall not chair the outside committee, board, commission or organization (with the existing exceptions of the Platte River Power Authority Board or the County Open Lands Board) without prior approval of the full Board of Trustees. 1.6.2.2 - Individual Representation a) Individual trustees have the right to participate as an individual in any outside group or committee. Page 129 19 b) When participating as an individual trustee, the trustee should clearly express to the committee membership that he/she is there as an individual and do not speak for nor represent the Town of Estes Park or the Board of Trustees. c) When participating on any outside committee, trustees should be cautious to avoid any real or perceived conflict of interest and any involvement that could compromise the role of the trustee in any quasi-judicial actions or other decisions. Page 130 20 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.7 POLICY TITLE: BOARD LIAISON ROLES REV 4/15/15 Trustees may serve as the official liaison of the Board to Town committees. The Board of Trustees may appoint an individual Trustee to serve as the official liaison to other community groups. 1.7.1 Appointment - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 1.7.2 Term – A Trustee shall serve as the Town Board Liaison solely at the pleasure of the Town Board, with no specific term limit. 1.7.3 Duties of a Liaison 1.7.3.1 Communicate with the committee when Board of Trustees communication is needed and to serve as the primary two-way communication channel between the Town Board and the committee or community group. 1.7.3.2 Review applications, interview candidates and make recommendations to the Town Board for final approval. 1.7.3.3 Serve as the primary Trustees’ contact for the committee or community group. 1.7.3.4 Attend assigned committee or community group meetings when requested or whenever appropriate, in the opinion of the Trustee liaison. Trustee liaisons are not expected to attend every meeting of the committee or group. 1.7.3.5 The liaison is not a member of the committee and when in attendance at a meeting is there as an observer for the Board of Trustees and a resource for the committee. Participation in board discussions should be minimal and restricted to clarification of Town Board positions or collection of information to bring back to the full Town Board. Page 131 21 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.8 Rev 7-25-17 POLICY TITLE: BOARD STANDING COMMITTEES For the purpose of this policy, Board Committee is defined as a sub-committee of the Board of Trustees and membership is composed solely of Town Trustees. 1.8.1 Board Committees – The Board shall have the following Board Committees (EP Municipal Code 2.08.010) 1.8.1.1 Community Development and Community Services Committee – Responsible for discussions of issues and policy associated with Community Planning, Building and Code Compliance, Fairgrounds and Events, Museum, Senior Center, Visitors Center, Finance and Administration 1.8.1.2 Public Works, Utilities and Public Safety Committee – Responsible for discussions of issues and policy associated with Police, Engineering, Facilities, Parks, Streets, and Utilities. 1.8.1.3 Audit Committee – Responsible for supervising and working with the Town Auditors in the preparation of the Comprehensive Annual Financial Report and any other formal audits, as required. 1.8.2. Board Committees, when used, will be assigned so as to reinforce the wholeness of the Board’s job and so as never to interfere with delegation from the Board to Town Administrator. The purpose of Board Committee’s shall be to provide more indepth discussion and information on the specific areas assigned to the Committee. Committee’s may not adopt policy, but shall make recommendations to the Town Board for action. 1.8.3 The following principles shall guide the appointment and operation of all Town Board Committees: 1.8.3.1 Board Committees may not speak or act for the Board except when formally given such authority for specific and time limited purposes. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the Town Administrator. 1.8.3.2 Board Committees cannot exercise authority over staff. Because the Town Administrator works for the full board, he or she will not be required to obtain approval of a Board, Committee or Commission before an executive action. 1.8.3.3 Board committees shall consist of no more than 3 trustees so that the committee is never a quorum of the Town Board. Page 132 22 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.9 POLICY TITLE: ANNUAL PLANNING AND AGENDAS 1.9 The Town Board will prepare and follow an annual agenda plan that includes (1) a complete re‐exploration of Goals policies and (2) opportunity for continuous improvement in Town Board performance through Town Board education, enriched input, and deliberation. Accordingly: 1.9.1 The Town Board annual planning cycle will conclude each year on July 1, so that administrative planning and budgeting can be based on accomplishing a one‐year segment of long‐term Goals. 1.9.1.1 The cycle will start with the Town Board development of its agenda for the next year. In April-May of each year, the Board will adopt its key objectives for the following year. 1.9.1.2 The Town Board will identify its priorities for Goals, objectives and other issues to be resolved in the coming year, and will identify the information‐gathering necessary to fulfill its role. This may include consultations with selected groups in the ownership, other methods of gaining ownership input, governance education, and other education related to Goals issues (e.g. presentations by advocacy groups, demographers, other providers, and staff). 1.9.1.3 The Board of Trustees, with the assistance of the Town Administrator at the commencement of the Town Board annual planning cycle, prepare a tentative agenda plan for the following year’s meetings. 1.9.2 AGENDAS 1.9.2.1 Regular Board Meetings - The Town Clerk will prepare the agenda for any regular meeting of the board, in consultation with the Town Administrator and staff. A draft agenda will be distributed to the Board of Trustees for comment prior to the publication of the agenda. Individual trustees may request agenda matters for Town Board consideration at least two weeks prior to the regular board meeting. If any Trustee objects to an item on the draft agenda when distributed, the Town Administrator will only place items on the agenda with the direction of a majority of the Board. The Town Administrator may add routine administrative and consent items to any Board agenda. 1.9.2.2 Study Sessions – The Town Board will approve the schedule for upcoming Study Sessions. The Mayor, Trustees or staff may request or recommend any appropriate Page 133 23 matters for Town Board consideration; however the Town Administrator will only place items on a Study Session agenda with the direction of a majority of the Board. 1.9.2.3 By an affirmative vote of a majority of the Trustees present at a meeting, additional matters may be added to the agenda of any such meeting, as long as it is allowed by statute. 1.9.3 The Town Board will attend to Consent Agenda items (those items delegated to the Town Administrator yet required by law or contract to be Town Board‐approved, or minor non- controversial or routine matters) as expeditiously as possible. 1.9.4 Monitoring reports due and/or submitted to the Town Board will be on the Town Board Meeting agenda for acceptance. Discussion of the reports will be only for indication of policy violations or if the Town Board does not consider the Interpretation to be reasonable. Potential, extensive policy revisions under consideration will be scheduled during a Town Board Work Session or future Town Board Meeting. ‐ Page 134 24 POLICY TYPE: GOVERNANCE PROCESS POLICY 1.10 POLICY TITLE: SELF - MONI TORI NG OF THE BOARD The Board of Trustees will systematically and rigorously monitor compliance with these adopted policies, both individual and collectively, to determine the extent to which policies are being followed. Accordingly: 1.10.1. The purpose of monitoring is simply to determine the degree to which Board policies are being met. Monitoring will be as automatic as possible, using a minimum of Board time so that meetings can focus on creating the future. 1.10.2 Self-monitoring of compliance with these policies will be completed by the Town Board twice a year, in August and February at a regularly scheduled Board Study Session. Monitoring shall be on an exception basis. (a) The Town Administrator will notify the Board of the scheduled self-monitoring session a minimum of two weeks prior to the meeting. (b) Each Board member should review the policy list in section 1.10.6 prior to the scheduled study session (c) Any Board member who has a concern about compliance with any of the policies listed in 1.10.6, or who wishes to discuss the content or interpretation of any of the policies, should notify the Mayor at least one week prior to the meeting. (d) Discussion at the Study Session will be limited to those polices brought to the attention of the Mayor by a member of the Board. All other policies shall be deemed in compliance. 1.10.3 In every case, the Board of Trustees will judge whether (a) the interpretation is reasonable, and (b) whether data demonstrate accomplishment of, or compliance with, the Town Board’s interpretation. 1.10.4 In every case, the standard for compliance shall be “any reasonable Town Trustee’s individual interpretation” of the Board of Trustees’ policy being monitored however, the Board of Trustees is the final judge of reasonableness, and will always judge with a “reasonable person” test (what a reasonably prudent person would do in that context). Interpretations favored by individual board members do not constitute a “reasonable person” test. 1.10.5 Actions determined to be not compliant with a reasonable interpretation of Board of Trustees’ policies will be subject to a process agreed to by the Town Board. 1.10.6. Town Board Compliance Review Schedule P Method GOVERNING POLICY REVIEW DATE Page 135 25 1.1 Governance Style Aug & Feb (2)(5)-(11) Aug & Feb 1.3 Board Job Description 1.3.1.1.C.i Board Communication Aug & Feb 1.3.1.3 Performance review of Town Administrator and Town Attorney Aug & Feb 1.3.2.3 Quasi-Judicial Actions Aug & Feb 1.3.2.4 Trustee Communications Aug & Feb 1.4 Mayor’s Responsibility 1.4.1 Meeting Leadership Aug & Feb 1.4.3 Refraining from Unauthorized Unilateral Actions Aug & Feb 1.4.4 Representation Aug & Feb 1.4.7.2 Special Assignments Aug & Feb 1.6 Board Committee Principles 1.6.1 Committees Appointed by the Board 1.6.1.1 Aug & Feb 1.6.1.2 Aug & Feb 1.6.1.4 Aug & Feb 1.6.1.6 Aug & Feb 1.6.1.7 Aug & Feb 1.6.2 Outside Committees 1.6.2.1 – Official Representation Aug & Feb 1.6.2.2 b&c Individual Representation Aug & Feb 1.7 Board Liaison Roles 1.7.1 Mayoral Appointments Aug & Feb 1.7.3 Duties of A Liaison Aug & Feb 1.8 Board Standing Committees 1.8.2 Use of Board Committees Aug & Feb 1.8.3 Principles for Board Committees Aug & Feb 1.9 Annual Planning and Agendas 1.9.1 Annual Planning Aug & Feb Adopted Town Policies 103 Town Board Code of Conduct and Operating Principles Biannually – following Town Board Elections 107 Board E-mails Annually March Adopted 7/9/2019 Page 136 26 Page 137 Revised 7-8-2014 1 TOWN OF ESTES PARK GOVERNING POLICIES MANUAL Table of Contents Category 2. Board/Staff Linkage Policy 2.0 Governance - Management Connection Policy 2.1 Delegation to the Town Administrator Policy 2.2 Town Administrator Job Description Policy 2.3 Monitoring Town Administrator Performance Policy 2.4 Town Attorney Page 138 Revised 7-8-2014 2 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.0 POLICY TITLE: GOVERNANCE - MANAGEMENT CONNECTION The Board of Trustees’ official link to the operation of departments of Town Government and staff is the Town Administrator. 2.1 The Board of Trustees’ job is generally confined to establishing the broadest policies; implementation and subsidiary decision making is delegated to the Town Administrator. 2.2 As the Board’s primary link to the operations of Town government, the Town Administrator’s performance will be considered to be synonymous with organizational performance (within the scope of the Town Administrator’s authority). 2.3 Monitoring Town Administrator performance is synonymous with monitoring organizational performance against Board policies and Staff Limitations. Any evaluation of Town Administrator performance, formal or informal, may be derived only from these monitoring criteria. Page 139 Revised 7-8-2014 3 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.1 POLICY TITLE: DELEGATION TO THE TOWN Revised 7/8/2014 ADMINISTRATOR The Board of Trustees’ job is generally confined to establishing the broadest vision and policies. Implementation and subsidiary decision making is delegated to the Town Administrator as specified in the Estes Park Municipal Code 2.28. 2.1.1 Only decisions of the Board of Trustees, by majority vote, are binding on the Town Administrator. 2.1.2 With the exception of the Town Attorney and the Municipal Judge, the Town Administrator shall have line authority over all Town departments. This authority shall include supervision and control over day to day functions and management decisions required to carry out the objectives of the Board of Trustees. 2.1.3 The policies, goals and objectives of the Board of Trustees direct the Town Administrator to achieve certain results; the policies permit the Town Administrator to act within acceptable boundaries of prudence and ethics. With respect to the policies, the Town Administrator is authorized to make all decisions, take all actions and develop all activities as long as they are consistent with any reasonable interpretation of the policies of the Board of Trustees. 2.1.4 The Board of Trustees may change its policies, thereby shifting the boundary between Board and Town Administrator domains. Consequently, the Board may change the latitude of choice given to the Town Administrator, but so long as any particular delegation is in place, the Board will respect and support the Town Administrator’s choices. The Board will not allow the impression that the Town Administrator has violated policy when the Town Administrator supports an existing policy. 2.1.5 No individual member of the Board of Trustees has authority over the Town Administrator. Information may be requested by individual Board members, but if such request, in the Town Administrator’s judgment, requires a material amount of resources or is detrimental to other necessities, the Town Administrator may ask for majority Board action on such a request. 2.1.6 It is understood that at times it may be in the best interest of the Town to waive or grant exceptions to adopted Board policy. The Town Administrator shall request Board approval for any policy waiver or exception prior to its implementation. 2.1.7 Should the Town Administrator deem it necessary to, or inadvertently, violate a Board policy, he or she shall promptly inform the Board of Trustees. Informing is simply to guarantee no violation may be intentionally kept from the Board, not to request approval. Board response, either approving or disapproving, does not exempt the Town Administrator from subsequent Board judgment of the action. Page 140 Revised 7-8-2014 4 2.1.8 The following decisions shall be the responsibility of the Board of Trustees. Implementation and subsidiary decision making for all other items is delegated to the Town Administrator. 1. Establishment and approval of all Utility Rates 2. Establishment and approval of Community Development Fees 3. Establishment of purchasing approval limitations contained in the Town Procurement Policy. 4. Approval of any increase to staffing levels The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. 5. All changes to the Town Budget as allocated and adopted by the Board of Trustees. 6. Any sale, purchase or lease of real property 7. Any changes to employee benefits 8. Any issue that, in the opinion of the majority of the Board of Trustees, concerns a substantial policy determination and/or is of a controversial nature with the public that warrants Board involvement. 9. Approval of Intergovernmental Agreements, subject to the provisions of the Town Procurement Policy. 10. Approval of any substantive change to the scope, design, development or construction of any capital project. Page 141 Revised 7-8-2014 5 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.2 POLICY TITLE: TOWN ADMINISTRATOR JOB DESCRIPTION As the Board’s primary link to the operations of Town government, the Town Administrator’s performance will be considered to be synonymous with organizational performance (within the scope of the Town Administrator’s authority). The Town Administrator’s job contributions can be stated as performance in two areas: 2.2.1 Board outcomes are met and policies are followed. 2.2.2 Town government operation within the boundaries established in Board policies on STAFF LIMITATIONS. 2.2.3 The official job description for the Town Administrator shall be the as adopted by the Town Board and as incorporated by reference in the Employment Agreement between the Town and the Town Administrator. Page 142 Revised 7-8-2014 6 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.3 POLICY TITLE: MONITORING TOWN ADMINISTRATOR PERFORMANCE The Board of Trustees will systematically and rigorously monitor Town Administrator job performance to determine the extent to which goals are being achieved and whether operational activities fall within boundaries established in management limitations policies. Accordingly: 2.3.1. The purpose of monitoring is simply to determine the degree to which Board policies are being met. Information which does not do this will not be considered to be monitoring. Monitoring will be as automatic as possible, using a minimum of Board time so that meetings can focus on creating the future. 2.3.2. A given policy may be monitored in one or more of three ways: (a) Internal Report: Disclosure of compliance information to the Board of Trustees from the Town Administrator. (b) External Report: Discovery of compliance information by a disinterested party who is selected by and reports directly to the Board of Trustees. Such reports must assess executive performance only against policies of the Board, not those of the external party unless the Board has previously indicated that party’s opinion to be the standard. (c) Direct Board Inspection: Discovery of compliance information by a Board member or the Board of Trustees as a whole. This is a Board inspection of documents, activities or circumstances directed by the Board which allows a “prudent person” test of policy compliance. 2.3.3 In every case, the Board of Trustees will judge whether (a) the Town Administrator’s interpretation is reasonable, and (b) whether data demonstrate accomplishment of, or compliance with, the Town Administrator’s interpretation. 2.3.4 In every case, the standard for compliance shall be “any reasonable Town Administrator interpretation” of the Board of Trustees’ policy being monitored however, the Board of Trustees is the final judge of reasonableness, and will always judge with a “reasonable person” test (what a reasonably prudent person would do in that context). Interpretations favored by individual board members or by the Board of Trustees as a whole do not constitute a “reasonable person” test. 2.3.5 Actions determined to be not compliant with a reasonable interpretation of Board of Trustees’ policies will be subject to a remedial process agreed to by the Town Board. Page 143 Revised 7-8-2014 7 2.3.6. The Board of Trustees will conduct an annual formal evaluation of the Town Administrator which will include a summation examination of the monitoring data acquired during that period. Town Administrator Performance Expectations Review Schedule Policy Metho d Frequen cy Schedule 3.0 General Executive Constraint Internal Annually March 3.1 Customer Service Internal Annually March 3.2 Treatment of Staff Internal Annually March 3.3 Financial Planning/Budgeting Internal Quarterly Apr., July, Oct., Jan. 3.4 Financial Condition & Activities Internal Annually March External Annually June 3.5 Asset Protection Internal Annually March 3.6 Emergency Town Administrator Backup and replacement Replacement And Back Up Internal Annually March 3.7 Emergency Preparedness Internal Annually April 3.8 Compensation and Benefits Internal Annually September 3.9 Communication and Support to the Board Internal Annually March 3.10 Capital Equipment and Impro vements Programming Internal Annually March 3.11 Quality of Life Internal Annually March 3.12 Internal Procedures Internal Annually July 3.13 Town Organizational Plan Internal Annually July Revised 3-25-2014 Page 144 Revised 7-8-2014 8 POLICY TYPE: BOARD/STAFF LINKAGE POLICY 2.4 POLICY TITLE: TOWN ATTORNEY The Town Attorney represents the Board of Trustees as specified in the Estes Park Municipal Code 2.24.020 (3) and anyone acting on its behalf so long as they are not acting in conflict with the Board of Trustee or its policies. 2.4.1 Ethical Obligation of Town Attorney 2.4.1.1 The Town Attorney at all times will be guided by, and subject to, the Colorado Rules of Professional Conduct for Attorneys and specifically Rule 1.13 Organization as Client 2.4.2 Accountability of the Town Attorney - 2.4.2.1 The Town Attorney shall report directly to the Town Board. The purpose of the Town Attorney is to ensure that the Board’s actions take place with competent and prudent legal counsel and representation. 2.4.2.2 The Town Attorney is accountable to the Board acting as a body, never to any individual Board member or group of members, nor to the Town Administrator. 2.4.2.3 If individual Board members request information or assistance without Board authorization, the Town Attorney may refuse such requests that require, in his/her opinion, an inappropriate amount of staff time or funds or is disruptive. In such a case, the requesting member may choose to bring the request to the Board. 2.4.2.4 Town Attorney accountability is for all resources, including personnel, under his or her control. Therefore, any accomplishments or violations due to actions of a subordinate of the Town Attorney are considered to be accomplishments or violations by the Town Attorney. 2.4.2.5 The Town Attorney may accomplish the “Job Products” of the position in any manner not imprudent, unethical, or in violation of the prohibitions listed below under “Limitations on Town Attorney Authority.” 2.4.2.6 The Town Attorney may use any reasonable interpretation of Board policies as they pertain to his/her authority and accountability. The Town Attorney is authorized to establish all further policies, make all decisions, take all actions and develop all activities as long as they are consistent with any reasonable interpretation of the Board’s policies. 2.4.3 Job Products of the Town Attorney Page 145 Revised 7-8-2014 9 2.4.3.1 Timely opinion on documents and contemplated decisions or actions of the Board, the Town Administrator or other Town Officials holding the authority to make such decisions. Requests to the Town Attorney to provide opinions about the wisdom of policy of decisions shall be discouraged. 2.4.3.2 Timely opinion on the legal ramifications of pending or actual laws, regulations, court decisions, and pending or threatened litigation. 2.4.3.3 Timely opinion on the legality or propriety under the law of the Board’s processes. 2.4.2.4 Timely opinion on the legality or propriety under the law of pending or actual acts or omissions of any Trustee, Board, Committee, Commission, the Town Administrator or other Town employee or official. 2.4.3.5 When requested or appropriate, alternate language or action to achieve Board or Town Administrator intentions in a lawful manner. 2.4.3.6 Timely and thoughtful advice and recommendations on the range of legal options available. 2.4.3.7 The Town Attorney shall endeavor to provide professional advice based upon the law as determined by the Town Attorney and also other considerations as may be appropriate to the decision. The Town Attorney should refrain from influencing policy based upon the personal belief of the attorney. 2.4.3.8 Litigation: (i) Advice regarding avoidance of litigation or settlement of potential litigation. (ii) Timely provision to the Board and the Town Administrator on the status of settlement negotiations and all threatened/actual litigation. (iii) Settlement of litigation, with authority as obtained from the Board. (iv) Diligent and competent representation of the Board, the Town, and the Town’s officer’s agents and employees in litigation. (v.) The Town may carry out its obligation to defend Town officials and employees from third party claims by using the services of the Town Attorney’s office. The Town Attorney will be responsible for determining conflicts of interest in such defense and advise the Board and individuals involved. The Town Attorney may advise the Board to retain separate counsel to represent the Town, its individual officials, and/or employees. 2.4.3.9 Adequately brief the board on emerging legal issues and trends affecting the Town. 2.4.4 Limitations on Town Attorney Authority. The Town Attorney shall not: 2.4.4.1 Exercise authority over Town Administrator or staff. Page 146 Revised 7-8-2014 10 2.4.4.2 Violate applicable codes of professional ethics and conduct. 2.4.4.3 Treat the public or staff in a disrespectful or unfair manner. 2.4.4.4 Incur expenditures or fiscal encumbrances beyond those authorized under Board Policy. 2.4.4.5 Unreasonably withhold information from the Town Administrator, nor shall the Town Attorney fail to cooperate with the Town Administrator in the performance of his/her official functions. 2.4.5 Evaluation of Town Attorney performance. 2.4.5.1 Town Attorney accountability is only for job expectations explicitly stated by the Board in this document. Consequently, the provisions herein are the sole basis of any subsequent evaluation of Town Attorney performance, though he or she may use any reasonable interpretation of the Board’s words. 2.4.5.2 The Board of Trustees will monitor the Town Attorney’s performance with respect to these expectations on a routine basis. 2.4.5.3 Any modification to the compensation paid the Town Attorney shall be as specified in the Estes Park Municipal Code, section 2.24.030. Page 147 1 TOWN OF ESTES PARK GOVERNING POLICIES MANUAL Table of Contents Category 3. Staff Limitations Policy 3.0 General Town Administrator Constraint Policy 3.1 Customer Service Policy 3.2 Treatment of Staff Policy 3.3 Financial Planning Policy 3.4 Financial Condition and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.7 Emergency Preparedness Policy 3.8 Compensation and Benefits Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 General Town Administrator Constraint – Quality of Life Policy 3.12 General Town Administrator – Internal Operating Procedures Policy 3.13 Town Organizational Plan Page 148 2 POLICY TYPE: STAFF LIMITATIONS POLICY 3.0 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT Within the scope of authority delegated to him/her by the Board of Town Trustees, the Town Administrator shall not cause nor allow any practice, activity, decision or organizational circumstance that is either unlawful, imprudent, or in violation of commonly accepted business and professional ethics. 3.1 The quality of life in the Town of Estes Park depends upon the partnership between citizens, elected officials and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our citizens. 3.2 With respect to the treatment of paid and volunteer staff, the Town Administrator may not cause or allow conditions that are unsafe, unfair or undignified. 3.3 With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. 3.4 With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. 3.5 Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily risked. 3.6 In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no less than two other member(s) of the Town management team familiar with Board and Town Administrator issues and processes. 3.7 The Town Administrator shall have an Emergency Preparedness Process in place for the coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. 3.8 With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall Page 149 3 not cause or allow jeopardy to fiscal integrity. 3.9 The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work. 3.10 With respect to planning for and reporting on Capital Equipment and Improvements Programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. 3.11 With respect to Town government's quality of life for the community the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility and community interests. 3.12 With respect to internal operating procedures, the Town Administrator will insure that the Town may not fail to have internal procedures for the well being of the Town to promote effective and efficient Town operations. Page 150 4 POLICY TYPE: STAFF LIMITATIONS POLICY 3.1 POLICY TITLE: CUSTOMER SERVICE Rev 7-25-17 3.1 The quality of life in The Town of Estes Park depends upon the partnership between citizens, elected officials and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our citizens. 3.1.1 The Town Administrator shall not fail to encourage the following basic attitudes in employees: 3.1.1.1 The Citizens of The Town of Estes Park deserve the best possible services and facilities given available resources. 3.1.1.2 Prompt action is provided to resolve problems or issues. 3.1.1.2.1 – “Prompt Action” shall be interpreted as:  Citizens receive initial responses at a minimum acknowledging the receipt of the contact, within two business days  The appropriate process required to resolve the problem is initiated within three business days, whenever possible. 3.1.1.3 Attention is paid to detail and quality service is provided that demonstrates a high level of professionalism. 3.1.1.4 Each employee represents excellence in public service. 3.1.1.5 Each employee is “the Town” in the eyes of the public. 3.1.2 The success of Estes Park Town Government depends upon the partnership between citizens, , elected officials and Town employees. Accordingly, regarding the treatment of citizens and customers, the Town Administrator shall not: 3.1.2.1 Fail to inform citizens of their rights, including their right to due process, as they relate to the operations and responsibilities of the Town. 3.1.2.2 Ignore community opinion on relevant issues or make material decisions affecting the community in the absence of appropriate community input. 3.1.2.3 Allow the community to be uninformed (or informed in an untimely basis) about relevant decision making processes and decisions. Page 151 5 3.1.2.4 Ignore problems or issues raised by the community or fail to address them in a timely manner, where the Town Administrator has been delegated the authority to act, or to fail to inform the Board of issues where he/she may not have the authority to act. 3.1.2.5 Allow incompetent, disrespectful or ineffective treatment from Town employees. 3.1.2.6 Unduly breach or disclose confidential information. Page 152 6 POLICY TYPE: STAFF LIMITATIONS POLICY 3.2 Rev 7-25-17 POLICY TITLE: TREATMENT OF STAFF AND VOLUNTEERS With respect to the treatment of paid and volunteer staff, the Town Administrator may not cause or allow conditions which are unsafe, unfair or undignified. Accordingly, pertaining to paid staff within the scope of his/her authority, the administrator shall not: 3.2.1 Operate without written personnel policies that clarify personnel rules for employees. 3.2.2 Fail to acquaint staff with their rights under the adopted personnel rules upon employment. 3.2.3 Fail to commit and adhere to the policies of Equal Employment Opportunity and Fair Labor Standards Act. 3.2.4 Fail to make reasonable efforts to provide a safe working environment for employees, volunteers and citizens utilizing Town services 3.2.5 Operate without written volunteer policies that clarify the responsibilities of volunteers and of the Town for all volunteers. Page 153 7 POLICY TYPE: STAFF LIMITATIONS POLICY 3.3 Rev 7-25-17 POLICY TITLE: FINANCIAL PLANNING With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. Accordingly, the Town Administrator shall not allow budgeting which: 3.3.1. Deviates from statutory requirements. 3.3.2. Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. 3.3.3. Contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. 3.3.4. Plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. 3.3.5. Reduces fund balances or reserves in any fund to a level below that established by the Board of Town Trustees by adopted policy 3.3.6. Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. 3.3.7. Fails to provide for an annual audit. 3.3.8. Fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. 3.3.9. Results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. Page 154 8 POLICY TYPE: STAFF LIMITATIONS POLICY 3.4 POLICY TITLE: FINANCIAL CONDITION AND ACTIVITIES Rev 7-25-17 With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not: 3.4.1. Expend more funds than are available. 3.4.2. Allow the general fund and other fund balances to decline to a level below that established by the Board of Town Trustees by adopted policy, , unless otherwise authorized by the Board. 3.4.3. Allow cash to drop to a level below that established by the Board of Town Trustees by adopted policy, unless otherwise authorized by the Board. 3.4.4. Allow payments or filings to be overdue or inaccurately filed. 3.4.5. Engage in any purchases wherein normally prudent protection has not been given against conflict of interest and may not engage in purchasing practices in violation of state law or Town purchasing procedures. 3.4.6. Use any fund for a purpose other than for which the fund was established , unless otherwise authorized by the Board. Page 155 9 POLICY TYPE: STAFF LIMITATIONS POLICY 3.5 POLICY TITLE: ASSET PROTECTION Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained or unnecessarily risked. Accordingly, he or she may not: 3.5.1. Fail to have in place a Risk Management program which insures against property losses and against liability losses to Board members, staff and the Town of Estes Park to the amount legally obligated to pay, or allow the organization to be uninsured:     3.5.1.1 Against theft and casualty losses, 3.5.1.2 Against liability losses to Board members, staff and the town itself in an amount equal to or greater than the average for comparable organizations. 3.5.1.3 Against employee theft and dishonesty.   3.5.2. Subject plant, facilities and equipment to improper wear and tear or insufficient maintenance (except normal deterioration and financial conditions beyond Town Administrator control). 3.5.3. Receive, process or disburse funds under controls insufficient to meet the Board-appointed auditor’s standards. 3.5.4. Unnecessarily expose Town government, its Board of Town Trustees or staff to claims of liability. 3.5.5 Fail to protect intellectual property, information and files from loss or significant damage. 3.5.6 Acquire, encumber, dispose or contract for real property except as expressly permitted in Town policy. 3.5.7 Allow internal control standards to be less than that necessary to satisfy Page 156 10 generally accepted accounting/auditing standards recognizing that the cost of internal control should not exceed the benefits expected to be derived. Page 157 11 POLICY TYPE: STAFF LIMITATIONS POLICY 3.6 POLICY TITLE: EMERGENCY TOWN ADMINISTRATOR REPLACEMENT AND BACK UP In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no fewer than two (2) other members of the Town management team familiar with Board of Town Trustees and Town Administrator issues and processes. 3.6.1. The Assistant Town Administrator shall act in the capacity of Town Administrator in his/her absence. In the absence of the Town Administrator and Assistant Town Administrator a Town Department Head previously designated by the Town Administrator will act in the capacity of Town Administrator. 3.6.2. The Town Administrator shall provide the necessary training needed to enable successful emergency replacement. Page 158 12 POLICY TYPE: STAFF LIMITATIONS POLICY 3.7 POLICY TITLE: EMERGENCY PREPAREDNESS The Town Administrator shall have an Emergency Preparedness Process in place for coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. 3.7.1 The Town Administrator shall be responsible for the assigned responsibilities identified in the Town of Estes Park Emergency Operations Plan 3.7.2 The Town Administrator shall not fail to have a business continuity plan for the Town. 3.7.3 In the event of an emergency, the Town Administrator shall not fail to take appropriate action immediately to ensure the safety of the public and public and private assets, including authorizing specific actions by Town staff and declaring an emergency on behalf of the Board of Town Trustees Page 159 13 POLICY TYPE: STAFF LIMITATIONS POLICY 3.8 Rev 7-25-17 POLICY TITLE: COMPENSATION AND BENEFITS With respect to employment, compensation, and benefits to employees, consultants, contract workers and volunteers, the Town Administrator shall not cause or allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he or she may not: 3.8.1. Change his or her own compensation and benefits. 3.8.2. Promise or imply permanent or guaranteed employment. 3.8.3. Establish current compensation and benefits which deviate materially for the regional or professional market for the skills employed: 3.8.4. Establish deferred or long-term compensation and benefits, without approval of the Town Board. Page 160 14 POLICY TYPE: STAFF LIMITATIONS POLICY 3.9 POLICY TITLE: COMMUNICATION AND SUPPORT TO THE BOARD The Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work. Accordingly, he or she may not: 3.9.1 Let the Board of Town Trustees be unaware of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. 3.9.2 Fail to submit monitoring data required by the Board (see policy on Monitoring Town Administrator Performance in Board/Staff Linkage) in a timely, accurate and understandable fashion, directly addressing provisions of Board policies being monitored. 3.9.3 Fail to establish a process that brings to the Board of Town Trustees as many staff and external points of view, issues and options as needed for informed Board choices on major policy issues. 3.9.4 Present information in unnecessarily complex or lengthy form. 3.9.5 Fail to provide support for official Board of Town Trustees activities or communications. 3.9.6 Fail to deal with the Board of Town Trustees as a whole except when fulfilling individual requests for information. 3.9.7 Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Board of Town Trustees. Page 161 15 POLICY TYPE: STAFF LIMITATIONS POLICY 3.10 POLICY TITLE: CAPITAL EQUIPMENT AND IMPROVEMENTS PROGRAMMING With respect to planning for and reporting on capital equipment and improvements programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. Accordingly, he or she may not allow the development of a capital program which: 3.10.1 Deviates materially from the Board of Town Trustees’ stated priorities. 3.10.2 Plans the expenditure in any fiscal period of more funds than are conservatively projected to be available during that period. 3.10.3 Contains too little detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail. 3.10.4 Fails to project on-going operating, maintenance, and replacement/perpetuation expenses. 3.10.5 Fails to provide regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. Page 162 16 POLICY TYPE: STAFF LIMITATIONS POLICY 3.11 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT-QUALITY OF LIFE With respect to Town government's quality of life for the community, the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests. Page 163 17 POLICY 3.12 POLICY TITLE: GENERAL TOWN ADMINISTRATOR CONSTRAINT –INTERNAL PROCEDURES With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations. Page 164 18 POLICY 3.13 POLICY TITLE: Town Organizational Plan With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year, and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election. Revised 3-25-2014 Page 165 1 TOWN OF ESTES PARK GOVERNING POLICIES MANUAL Table of Contents Category 4. Ends Statements Policy 3.0 Ends Statements and Key Outcome Areas of the Board of Trustees Page 166 2 POLICY TYPE: BOARD ENDS STATEMENTS POLICY 4.0 Rev 10/11/2016 POLICY TITLE: Ends Statements and Key Outcome Areas of the Board of Trustees 1. Robust Economy - We have a diverse, healthy year round economy 2. Infrastructure- We have reliable, efficient and up to date infrastructure serving our residents, businesses and guests 3. Exceptional Guest Services - We are the preferred Colorado mountain destination providing an exceptional guest experience. 4. Public Safety, Health and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment 5. Outstanding Community Services- Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain community in which to live, work and play, with housing available for all segments in our community. 6. Governmental Services and Internal Support - We provide high-quality, reliable basic municipal services for the benefit of our citizens, guests, and employees, while being good stewards of public resources 7. Transportation - We have safe, efficient and well maintained multi-modal transportation systems for pedestrians, vehicles and transit. 8. Town Financial Health - We maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Page 167       Page 168 March 14, 2023 •Environmental Sustainability Advisory Board and Environmental Sustainability Manager March 28, 2023 •2023 Street Improvement Program Overview •Energy Code Discussion •International Property Maintenance Code Items Approved – Unscheduled: •Governing Policies Updates •Stanley Park Master Plan Implementation •Downtown Loop Updates as Necessary Items for Town Board Consideration: •None Future Town Board Study Session Agenda Items February 28, 2023 Page 169       Page 170