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HomeMy WebLinkAboutPACKET Town Board 2023-05-23The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 23, 2023 7:00 p.m. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). SWEARING-IN CEREMONY FOR NEWLY APPOINTED TRUSTEE FRANK LANCASTER. Municipal Judge Thrower. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated May 9, 2023 and Town Board Study Session Minutes dated May 9, 2023. 3. Family Advisory Board Minutes dated April 6, 2023 (acknowledgement only). 4. Estes Park Board of Adjustment Minutes dated April 4, 2023 (acknowledgment only). 5. Estes Park Planning Commission Minutes and Study Session Minutes dated April 18, 2023 (acknowledgement only). 6. Resolution 49-23 Contract for 2023 Operation of Estes Transit with RATP Dev USA, Inc., $585,463.71 – Budgeted. 7. Resolution 53-23 Intergovernmental Agreement with CDOT for 2023 Bustang to Estes Service. Prepared 05-12-2023 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ESTES PARK SCHOOL DISTRICT EARTH FORCE RISE PRESENTATION. Ravi Davis and the Estes Park School District Environmental Resilience Team. A presentation from the School District's Environmental Resilience Team about its entry into the 2023 Earth Force RISE Challenge: "WUI Codes and Wetland Restoration" ACTION ITEMS: 1. RESOLUTION 28-23 SUNSETTING THE FAMILY ADVISORY BOARD. Deputy Town Administrator Damweber. Consider a resolution to sunset the Family Advisory Board (FAB). Continued from March 14, 2023. 2. ORDINANCE 04-23 AMENDING CHAPTER 14.12 OF THE ESTES PARK MUNICIPAL CODE TO ADOPT THE 2021 EDITIONS OF INTERNATIONAL CODES, INCLUDING THE INTERNATIONAL BUILDING, RESIDENTIAL, EXISTING BUILDING, FUEL GAS, MECHANICAL, PLUMBING, PROPERTY MAINTENANCE, ENERGY CONSERVATION, AND SWIMMING POOL AND SPA CODES, WITH AMENDMENTS. Director Garner. Review and adopt Ordinance 04-23 for the 2021 International Building Codes with local amendments. 3. ORDINANCE 06-23 TEMPORARY 6-MONTH MORATORIUM ON NEW BED AND BREAKFAST INN BUSINESS LICENSES. Town Clerk Williamson. To consider a temporary 6-month moratorium for bed & breakfast licenses 4. TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS. Town Clerk Williamson. • Appoint Mayor Pro Tem • Board Assignments 5. 2024 PROVISIONAL STRATEGIC PLAN. Town Administrator Machalek. Consider adoption of the Town's 2024 Provisional Strategic Plan. If adopted, this plan will guide staff in the development of the 2024 budget and departmental work plans. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, May 9, 2023 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 9th day of May, 2023. Present: Wendy Koenig, Mayor Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Vacancy Also Present: Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: Town Administrator Travis Machalek Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Koenig/Cenac) to approve the Agenda with Action Item #1 to follow the Consent Agenda, and it passed unanimously. PUBLIC COMMENTS. Kristine Poppitz/County citizen spoke regarding a concern with an issue in Community Development and requested a public apology. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: Two Mayoral proclamations which were recently presented honoring retiring Estes Park Economic Development Corporation (EDC) CEO Adam Shake and the 50th anniversary of the Estes Park Chorale. The Hazardous Battery Drop Off event, hosted by the Town and County, received 820lbs of batteries. The Trustee Talk was held and discussion focused on the Fish Hatchery project. The Estes Park Board of Adjustment met and heard three variance requests, one of which was denied. The Rooftop Rodeo Committee met and discussed the need for volunteers for the upcoming rodeo. The Visit Estes Park Board of Directors met and discussed the Annual Report. The Larimer County Regional Opioid Abatement Council would start holding regular meetings on the last Thursday of the month. The Family Advisory Board held their final meeting and finalized recommendations to the Town Board and discussed future community meetings which would gauge community interest in a citizen group. The Estes Park EDC B.A.S.E program held its graduation and the Board of Directors have begun negotiations for an interim CEO following Adam Shake’s retirement. The Restorative Justice Board of Directors met and discussed strategic planning and two upcoming Living Room Conversations which would occur in May regarding protecting and parenting children, and mental health among youth. TOWN ADMINISTRATOR REPORT. Town Attorney Kramer provided an update on the failure of SB23-213 in the State Senate. Town Clerk Williamson announced the graduation of Deputy Town Clerk Beers from CU Denver with a Bachelor of Arts in Public Service. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated April 25, 2023 and Town Board Study Session Minutes dated April 25, 2023. DR A F T Page 3 Board of Trustees – May 9, 2023 – Page 2 3. Transportation Advisory Board Minutes dated March 15, 2023 (acknowledgment only). 4. Resolution 46-23 Intergovernmental Agreement for Fiscal Year 2023 Federal Transit Administration 5311 Rural Area Formula Funds to Support Estes Transit with the Colorado Department of Transportation - CDOT PO 491003170. 5. Resolution 47-23 Contract for the 2023 Overlay & Patching Program with Martin Marietta Materials, Inc. for $727,741.40 – Budgeted. 6. Resolution 48-23 Contract for 2023 Waste and Recycling Collection Services with Atlas Unlimited LLC dba Superior Trash Company for $159.659.20 – Budgeted. It was moved and seconded (Younglund/Cenac) to approve the Consent Agenda, and it passed unanimously. LIQUOR ITEMS: 1. RESOLUTION 50-23 CHANGE OF LOCATION FOR A TAVERN LIQUOR LICENSE HELD BY MONTEGO BAY ENTERPRISES INC. DBA THE WAPITI COLORADO PUB FROM 247 W. ELKHORN AVENUE TO 1350 FALL RIVER ROAD, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 50-23. She reviewed the application for the Change of Location of a Tavern Liquor License, stating all paperwork and fees have been submitted. A Hotel and Restaurant Liquor License currently exists at the location, Nicky’s Steakhouse and Lounge, which would be surrendered in conjunction with the Change of Location of the Wapiti Colorado Pub Liquor License and the applicant would have 45-days to move if approved by the Town and State. The applicant previously completed the Training for Intervention Procedures (TIPS) with the establishment of the original liquor license and was available for questions. The Board discussed operations during the 45-day moving period. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Younglund) to approve Resolution 50-23, and it passed unanimously. 2. RESOLUTION 51-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR MONTEGO BAY ENTERPRISES INC. DBA THE DOWNTOWN EATERY, 247 W. ELKHORN AVENUE, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 51-23. She reviewed the application for the new Hotel and Restaurant Liquor License, stating all paperwork and fees have been submitted and the application has undergone concurrent review. The location currently operates as the Wapiti Colorado Pub which would relocate to 1350 Fall River Road. The applicant was aware of the Training for Intervention Procedures (TIPS) requirement and has completed the training previously. The applicant was available for questions and stated the new restaurant would operate as a fast casual eatery. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/MacAlpine) to approve Resolution 51-23, and it passed unanimously. 3. RESOLUTION 52-23 NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR OLE INTERNATIONAL KITCHEN LLC DBA OLE INTERNATIONAL KITCHEN, 145 E. ELKHORN AVENUE, UNIT 300-304, ESTES PARK, COLORADO. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 52-23. She reviewed the application for the new Hotel and Restaurant Liquor License, stating all paperwork and fees have been submitted, the application has undergone concurrent review, and the location has previously held a liquor license by a different business. The applicant has completed the Training for Intervention Procedures (TIPS) requirement and was available for questions and provided background on the operation of the business and other businesses they own and operate in Town. Mayor Koenig closed the public hearing and it was moved and seconded (HazeltonMacAlpine) to approve Resolution 52-23, and it passed unanimously. DR A F T Page 4 Board of Trustees – May 9, 2023 – Page 3 The Board discussed the increase in liquor license applications presented to the Town Board within the last year, liquor license limitations in the Town, and the number of alcohol related citations as a result of the number of liquor licenses. It was determined staff would provide reports to the Board throughout the year regarding liquor licensing. ACTION ITEMS: 1. APPOINT A TRUSTEE TO THE TOWN BOARD TO FILL THE VACANCY TILL THE NEXT ELECTION ON APRIL 2, 2024. Town Clerk Williamson presented the next steps to fill the vacant Trustee position on the Town Board. She highlighted the statutory requirements to fill the position, the process the Town has undergone to fill the vacancy, and interviews, which were conducted during the Study Session. The new trustee would be sworn-in by Municipal Judge Thrower at the May 23, 2023 Town Board meeting. The Board discussed the level of interest in the position, appreciation for interested candidates, encouraged candidates to run for election in April 2024, the appointment of Mayor Pro Tem Webermeier in 2020 to replace former Trustee Zornes, the questions asked during the interviews, the qualities of a successful candidate, future decisions which would be coming before the Board, local government procedures, and the short length of the appointment. It was moved and seconded (Cenac/MacAlpine) to appoint Frank Lancaster to the Board of Trustees to fill the vacancy through the next regular Municipal Election on April 2, 2024, and it passed unanimously. 2. ORDINANCE 05-23 AMENDING TITLE 10 OF THE ESTES PARK MUNICIPAL CODE INCLUDING THE RESIDENT EXEMPTION FOR PAID PARKING. Mayor Koenig opened the public hearing and Manager Solesbee presented Ordinance 05-23 to amend the Estes Park Municipal Code to extend the daily time limit for the Local Parking Permit from 60 minutes to 120 minutes. She highlighted the history of the Local Permit, anticipated impacts of several large construction projects downtown in 2023 and 2024, public input, use of the Local Permit in 2021 and 2022, parking turnover, and the Transportation Advisory Board’s and Estes Valley Library’s support of the extension. The Board discussed previous recommendations of 90-minutes for the Local Permit and public input. Mayor Koenig closed the public hearing and it was moved and seconded (Cenac/MacAlpine) to approve Ordinance 05-23, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 8:34 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 5 Town of Estes Park, Larimer County, Colorado May 9, 2023 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 9th day of May, 2023. Board: Mayor Koenig, Trustees Cenac, Hazelton, MacAlpine, Martchink, Younglund, and Vacancy Attending: All Also Attending: Deputy Town Administrator Damweber, Town Attorney Kramer, and Town Clerk Williamson Absent: Town Administrator Machalek Mayor Koenig called the meeting to order at 4:30 p.m. INTERVIEWS FOR BOARD OF TRUSTEES VACANCY. The Board conducted interviews of William Brown, Bruce Darby, Nathan Harger, Frank Lancaster, John Meissner, and Jason Van Tatenhove for a vacancy on the Town Board due to the passing of Mayor Pro Tem Webermeier. The Town Board would consider each candidate’s letter of interest and their interview during the action item to appoint a new Trustee at the regular meeting on May 9, 2023 to fill the position through the next election in April 2024. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS None. FUTURE STUDY SESSION AGENDA ITEMS. Staff requested and it consensus was heard on adding the review of a draft intergovernmental agreement between the Town and the Estes Park Housing Authority. There being no further business, Mayor Koenig adjourned the meeting at 6:15 p.m. Jackie Williamson, Town Clerk DR A F T Page 6 Town of Estes Park, Larimer County, Colorado, April 6, 2023 Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in Rooms 203 of the Estes Park Town Hall in said Town of Estes Park on the 6th day of April, 2023. Board: Chair Nancy Almond, Vice Chair Deanna Ferrell, Members Aleta Kazadi, Rut Miller, Jessica Moffett, Nicole White, and Sue Yowell Also Attending: Town Board Liaison Younglund, Deputy Town Administrator Damweber, and Deputy Town Clerk Beers Absent: None. Chair Almond called the meeting to order at 3:35 p.m. PUBLIC COMMENT. None. It was moved and seconded (Kazadi/Moffett) to amend the agenda to merge the Sunsetting Discussion and Next Steps, Identified Priorities and Recommendations to the Town Board into one discussion item, and it passed unanimously. MINUTES DATED FEBRUARY 24, 2023, AND MINUTES DATED MARCH 2, 2023. It was moved and seconded (White/Miller) to approve the meeting minutes dated February 24, 2023, and March 2, 2023, and it passed unanimously. Sue Yowell arrived at 3:44 p.m. STAFF LIAISON UPDATE. Deputy Town Administrator Damweber stated a joint study session with the Town Board and the Estes Park Housing Authority to discuss 6E and the Workforce Housing Regulatory Linkage fee funding would be held on April 25, 2023. He stated the Lifelong Learning of Estes Valley building has been on the market and may be considered for childcare opportunities. He stated the May meeting would be held in the Administration Conference room while Town Hall upstairs rooms 202/203 are utilized by staff during Community Development Department remodeling. He stated the Town Board have held two Strategic Planning Study Sessions and a provisional 2024 Strategic Plan would be considered by the Town Board in May and adopted formally in the fall. He added a Town web page would be published which provides updates to the public on Strategic Plan objectives and goals progress. SUNSETTING DISCUSSION AND NEXT STEPS, IDENTIFIED PRIORITIES AND RECOMMENDATIONS TO THE TOWN BOARD. Chair Almond stated the Town Board postposed the sunsetting of FAB to allow FAB to finish current business, review and comment on Resolution 28-23, and for staff to assist in the transition of FAB to a community-based board. The FAB discussed the memo FAB supplied to the Town Board for the February 28, 2023 study session and identified all recommendations were already being addressed by staff or outlined in the Town’s 2023 Strategic Plan. Staff recommended FAB members discuss the Community Survey process with the Town’s Public Information Officer related to the recommendation to appoint a citizen task force to provide input on the survey. Discussion ensued regarding a recommendation to create a youth committee, and it was identified Estes Valley Investment in Childhood Success (EVICS) and the Estes Valley Library are currently forming a youth committee and opportunity may exist for members of FAB or the community based committee to support those efforts. The FAB recommended the Town explore efforts to engage community input on diversity, equity and inclusion which may include the formation of a task force. It was determined the FAB recommendation to provide access to broadband Page 7 Family Advisory Board – April 6, 2023 – Page 2 services to low-income families and the Operating Plan for 6E funds, conducting an updated Childcare Needs Assessment and creating a Community Childcare Strategic Plan were identified in the Town’s provisional 2024 Strategic Plan or were currently being addressed by staff and would not be recommended to the Town Board. It was determined recommendations to the Town Board discussion would continue at the May 4, 2023 meeting. The FAB discussed the transition into a community-based board, commitment and plans to meet regularly and composition. Comments have been summarized: Options to coordinate with a local organization such as EVICS and operate under their umbrella; identifying the needs not met in the community; providing a voice through the formation of a new community-based board; determine a focus area; and whether operating under an existing organization may limit or create misconceptions on the focus. Additional comments regarding recommendations to the Town Board and Resolution 28-23 (sunsetting) would be discussed at the May 4, 2023 meeting. There being no further business Chair Almond adjourned the meeting at 5:04 p.m. /s/Bunny Victoria Beers, Deputy Town Clerk Page 8 Town of Estes Park, Larimer County, Colorado, April 4, 2023 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. The meeting was held in said Town of Estes Park on April 4, 2023. Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Jessica Garner, Planner I Kara Washam, Recording Secretary Karin Swanlund Absent: none Chair Moreau called the meeting to order at 9:05 a.m. APPROVAL OF AGENDA It was moved and seconded (Holtzman/Newsom) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Newsom/Holtzman) to approve the Consent Agenda. The motion passed 3-0. ELECTION OF OFFICERS It was decided that Chair Moreau and Vice Chair Newsom would continue their positions for 2023. The vote was unanimous. VARIANCE REQUEST 510 Moraine Avenue Planner I Washam Planner Washam reviewed the staff report. The applicant requests approval of a variance to allow a reduced side setback of eight feet (8’) in lieu of the twenty-five foot (25’) setback required in the CO (Commercial Outlying) Zoning District under Section 4.4.C.4. of the Estes Park Development Code (EPDC). If approved, the applicant intends to construct a partially open pavilion. Public Comment: Chuck Scott, owner of Coffee on the Rocks, spoke on the floodplain issue and stated that there was no water on the site during the 2013 flood. The adjacent property owners to the south and west contacted him and had no problem with the variance. Discussion: none It was moved and seconded (Moreau/Holtzman) to approve the variance request for a reduced side setback of eight feet for the subject property addressed as 510 Moraine Avenue in the Town of Estes Park, with the findings as outlined in the staff report. The motion passed 3-0. VARIANCE REQUEST 281 W Riverside Dr. Planner I Washam It was moved and seconded (Moreau/Holtzman) to continue this item to May 2, 2023, Board of Adjustment meeting. There being no further business, Chair Moreau adjourned the meeting at 9:20 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary Page 9       Page 10 Town of Estes Park, Larimer County, Colorado, April 18, 2023 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park on the 18 day of April 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Chris Pawson. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins, Commissioner Hanson, Commissioner Pawson, Director Jessica Garner, Planner I Kara Washam, Recording Secretary Karin Swanlund, Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Elkins Chair Comstock called the meeting to order at 1:33 p.m. There were five people from the public in attendance. AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. ACTION ITEMS It was moved and seconded (Hanson/Pawson) to keep the status quo for officers, with Comstock remaining Chair and Heiser remaining Vice Chair. The motion passed 4-0. DISCUSSION: There will be a follow-up on CPAW in May. Two items are currently on the agenda for May: 685 Peak View Rezone and Habitat on Raven Subdivision. There being no further business, Chair Comstock adjourned the meeting at 1:40 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary Page 11 Town of Estes Park, Larimer County, Colorado, April 18, 2023 Minutes of a Study Session of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on the 18 day of April 2023. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Chris Pawson Attending: Comstock, Hanson, Heiser, Pawson Also Attending: Director Jessica Garner, Planner Kara Washam, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine, Recording Secretary Karin Swanlund Absent: Elkins Chair Comstock started the meeting at 12:00 p.m. Ayres Associates, the consultants working on the Missing Middle Code Amendment, were present and presented their current findings. Mike Scholl reviewed what was discussed at the March Study Session. The Housing Needs Assessment and the Strategic Plan were used to research the Missing Middle strategy. Two new zone overlay districts are being considered to amend Chapter 9. Planned Unit Developments of the Development Code: Mixed Neighborhood Residential and Neighborhood Village. Matt Ashby explained that because of the unique geography of Estes Park, alternate types of middle density are being reviewed, allowing for flexibility in building types and project plans. The overlay district would be up to the developer. Flexibility in addressing the neighborhood's overall character by mixing unit design will be necessary. Ownership, affordability and design standards are all still being looked at. This would be a multi-step process: new zone district, rezone, platting the site and planning of the development. Key questions to consider: Is this a workable approach; what is the balance of required open space vs. affordability, landscaping and parking requirements? There being no further business, Chair Comstock adjourned the meeting at 1:20 p.m. ______________________________ Recording Secretary Swanlund Page 12 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, CAPP, CCTM Mobility Services Manager Greg Muhonen, PE, Public Works Director Date: May 23, 2023 RE: Resolution 49-23 Contract for 2023 Operation of Estes Transit with RATP Dev USA, Inc. $585,463.71 - Budgeted PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works (PW) staff seek Town Board approval of Resolution 49-23, the 2023 Services Contract with RATP Dev USA, Inc. for operation of Estes Transit. Present Situation: The Town of Estes Park utilizes the same third-party transit service provider as Rocky Mountain National Park (RMNP), RATP Dev USA (formerly MacDonald Transit dba Rocky Mountain Transit). In 2022, RMNP’s 10-year contract with RATP Dev USA concluded, and RMNP then undertook a competitive Federal procurement process for a new transit service contract. RATP Dev USA was selected by RMNP to continue in their role as its transit service provider from 2023 through 2028, with the option for five additional years through 2033. As allowed by the Town of Estes Park’s adopted Finance Policies and Procedures Manual, Section 3.7.3 (Exemptions from the Public Bidding Process, Use of State Bid Awards), Public Works (PW) intends to piggyback off RMNP's Federal contract with RATP Dev USA for the Town’s 2023 Services Contract for operation of Estes Transit. Proposal: Details of the Town’s 2023 Services Contract includes: • RATP Dev USA will lease four vehicles from Davey Coach, not to exceed the prices listed in Appendix A. The Town of Estes Park will reimburse vehicle lease costs 100% with no mark-up. • RATP Dev USA’s hourly service rate for 2023 will be $79.33, which includes routine maintenance, shuttle drivers, drug and alcohol testing, training, insurance, and gasoline/diesel fuel costs up to $2.75 per gallon for the five full-service routes, one weekend-only route, and additional special event services as detailed in Appendix A. Page 13 •In response to customer (rider) request, bike racks will be installed on each vehicle again in 2023 to accommodate “first and last mile” connections. •To increase the level of customer assistance for guests of Estes Transit, the RMNP Hiker Shuttle and Bustang to Estes, the Town and RMNP are partnering again in 2023 to jointly fund a dispatcher that will work outside the Estes Park Visitor Center. This position will be managed by RATP Dev USA. Advantages: •Reduce the reliance on personal vehicles for locals and guests during the Town’s busy summer season. •Provide a free public transportation option that is available to riders of all ages and abilities. •Encourage use of the Town’s free parking structure, with the goal of reducing traffic congestion in the downtown core. Disadvantages: •Estes Transit is a significant General Fund investment; however, PW staff have worked diligently since 2019 to diversify transit funding, and now the General Fund contribution is supplemented by paid parking revenues and Federal grants. Action Recommended: PW staff recommend approval of the 2023 Services Contract with RATP Dev USA, Inc. for operation of Estes Transit. Finance/Resource Impact: Current Impact: Total expenditure $585,463.71 (budgeted) to be drawn from 101-5600-456.22- 60 (Transportation Fees). It is important to note that this line item was originally budgeted for $346,492 in 2023; however, per recommendation from the Downtown Parking Revenue Task Force (via PW staff), $190,000 in paid parking revenues was transferred to the line item per Town Board approval of Resolution 41-23 on April 11, 2023 bringing the available total to $536,492. Additionally, funding from the Town’s Fiscal Year (FY) 2023 Federal Transit Administration (FTA) 5311 grant award (totaling $70,000) will supplement what is currently available in 101-5600- 456.22-60 to cover the cost to operate Estes Transit in 2023, as detailed in Appendix A. Future Ongoing Impacts: The budget for Estes Transit annual service is set during the regular Town budget process. This contract is through December 31, 2023, only. Future One-Time Impacts: This item is not expected to significantly impact future one-time costs. Level of Public Interest Public interest in this item is moderate. Sample Motion: I move for approval/denial of Resolution 49-23. Attachments: 1.Resolution 49-23 2.2023 Services Contract with RATP Dev USA, Inc. Page 14 RESOLUTION 49-23 2023 SERVICES CONTRACT WITH RATP DEV USA INC FOR OPERATION OF ESTES TRANSIT WHEREAS, the Town desires to enter into a new contract with RATP Dev USA, Inc. to continue operating the Town’s free shuttle service (Estes Transit) for the 2023 summer, fall and special event season; and WHEREAS, the Town’s annual contract is a piggyback off the new (2023) Federal Services Contract between Rocky Mountain National Park and RATP Dev USA, Inc. as allowed by the Town of Estes Park’s adopted procurement policy; and WHEREAS, the proposed 2023 contract with RATP is for $585,463.71, which is budgeted; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the services contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 15 Town of Estes Park Services Contract -- Page 1 of 10 TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT 2023 Contract with RATP Dev USA, Inc. for Operation of Estes Transit The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and RATP Dev USA, Inc. (Contractor), a Texas corporation, whose address is 300 Throckmorton Street, Suite 670, Fort Worth, Texas 76137, make this Contract this day of May 2023, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal, and; 1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 This Contract; 2.3 CDOT FTA Subaward Agreements 23-HTR-ZL-00121 and 23-HTR-ZL-00122 (collectively, “Grant Agreement”); 2.4 Contractor’s Rate Sheet, entitled “2023 Transit Contract Pricing”, containing one (1) page, dated April 18, 2023 and attached hereto as Exhibit A; 2.5 Contractor’s Proposal, entitled “Estes Transit Shuttle Service,” containing six (6) pages, and attached hereto as Exhibit B, and which shall be considered to include the Contractor’s Rate Sheet attached as Exhibit A; and 2.6 Insurance Certificates. Attachment 2 Page 16 Town of Estes Park Services Contract -- Page 2 of 10 3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. If applicable, Contractor shall fulfill all duties the Grant Agreement requires to be placed on the Contractor. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin services under this Contract upon receiving Town’s notice to proceed. Contractor shall timely perform its Services, according to the Performance Schedule as outlined in the Contractor’s Proposal. 5 PRICE: 5.1 The Town will pay Contractor for the performance of this Contract, not to exceed $585,463.71 as the Price for the total Services performed in 2023 as stipulated in Contractor’s Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 5.2 In the event of a change in service levels greater than 10% from the baseline of 5,844 hours shown in Exhibit A, the parties will negotiate an equitable adjustment to the billing rate. 5.3 Contract pricing for each contract year following 2023 shall be determined by negotiation. In the event no such negotiation takes place, or the parties cannot come to an agreement, the billing rate for a given contract year will increase 4.0% from the prior year’s billing rate assuming there are no material changes to service levels or the scope of work. 6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Contractor of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Contractor under the following conditions: Page 17 Town of Estes Park Services Contract -- Page 3 of 10 7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. 7.2 Contractor is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 9 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Vanessa Solesbee, CAPP, CCTM Mobility Services Manager Public Works Department P.O. Box 1200 Estes Park, CO 80517 CONTRACTOR: Matt Booterbaugh Deputy Chief Executive Officer RATP Dev USA, Inc. 300 Throckmorton Street, Suite 670 Fort Worth, TX 76102 10 COMPLIANCE WITH LAW: Contractor will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Contractor shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Contractor follows the safety regulations issued by OSHA. 11 PERMITS AND LICENSES: The Contractor shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required to have a business license which can be obtained from the Town Clerk’s Office. Page 18 Town of Estes Park Services Contract -- Page 4 of 10 12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims- made policy, Contractor shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 13.1 Professional Liability for at least $1,000,000. 13.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. Contractor shall require any subcontractor hired by the Contractor to carry Workers’ Compensation and Employer’s Liability coverage. 13.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Contractor’s owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 13.5 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Contractor. 13.6 Contractor shall, upon request, provide Town a certified copy of each required policy. 13.7 As evidence of the insurance coverages required by this Contract, before Page 19 Town of Estes Park Services Contract -- Page 5 of 10 beginning work under this Contract, Contractor shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue P.O. Box 1200 Estes Park, CO 80517 Attention: Vanessa Solesbee, Mobility Services Manager With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Contractor, its officers, employees, agents, subcontractors, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations and evidence of coverage. 13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages. Contractor shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 13.10 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. 13.11 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the Services and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. Page 20 Town of Estes Park Services Contract -- Page 6 of 10 13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 14 INDEMNIFICATION: 14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Contractor, anyone directly or indirectly employed by it, or anyone for whose acts Contractor may be liable. 14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Contractor. Contractor shall exercise no supervision over any employee or official of Town. Contractor shall not represent that it is an employee or agent of the Town in any capacity. Contractor’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Contractor is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and Contractor may each contract with other parties. 16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Page 21 Town of Estes Park Services Contract -- Page 7 of 10 Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Contractor receiving services or benefits under this Agreement is an incidental beneficiary only. 19 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Contractor’s and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 21 TERM: This Contract shall commence on its effective date, and shall continue through December 31, 2023 with the option of five (5) additional renewals, on an annual basis, upon agreement of both parties. 22 TERMINATION: 22.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Contractor written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Contractor for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. 22.4 In the event Contractor’s transportation contract with the National Park Service for Rocky Mountain National Park is suspended, terminated, or discontinued for any reason, Town and Contractor agree to suspend, terminate, or discontinue this Page 22 Town of Estes Park Services Contract -- Page 8 of 10 contract as applicable, until or unless the parties negotiate in good faith any warranted pricing changes. 23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by giving the Contractor written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Contractor shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Contractor, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Contractor may terminate this Contract at will. 24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the Contractor's Proposal, Contractor may employ subcontractors to perform the Services only with Town's express prior written approval. Contractor is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subcontractors. 26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 27 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Contractor. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 28 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages to follow. Page 23 Town of Estes Park Services Contract -- Page 9 of 10 CONTRACTOR By: Date Title: State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) as of (Title of party signing) (Name of corporation) a corporation, on behalf of the corporation, this (State of incorporation) day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public Page 24 Town of Estes Park Services Contract -- Page 10 of 10 TOWN OF ESTES PARK By: Date Title: State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2023. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 25 Exhibit A – 2023 TRANSIT CONTRACT PRICING April 18, 2023 Page 26 i Exhibit B - Contractor's Proposal Town of Estes Park Estes Transit Shuttle Service Table of Contents RATP Dev’s Company Overview ........................................................................................................... 1 Company Profile .................................................................................................................................... 1 Capabilities and Resources ................................................................................................................ 1 Delivering Quality Services .................................................................................................................... 2 Key Personnel ....................................................................................................................................... 2 Brian Wells, General Manager .......................................................................................................... 2 Rick "Pappy" Papineau, Safety Officer, Operations Supervisor ........................................................ 2 Bill Bradford, Maintenance Director, Operations Supervisor and CDL Trainer ............................... 2 Project Management .............................................................................................................................. 2 Scheduling ......................................................................................................................................... 3 Special Event Services .................................................................................................................. 3 Dispatching ........................................................................................................................................ 3 Estes Park Visitor Center Dispatch ............................................................................................... 3 Service Monitoring ............................................................................................................................ 3 Data Collection and Comprehensive Reporting ............................................................................ 3 Human Resources .................................................................................................................................. 4 Training Programs ................................................................................................................................. 4 Operator Training .............................................................................................................................. 4 Operations Supervision Training ....................................................................................................... 4 Maintenance Personnel Training ....................................................................................................... 4 Customer Service Training ................................................................................................................ 5 Refresher Training Program .............................................................................................................. 5 Maintenance Plan .................................................................................................................................. 5 Safety..................................................................................................................................................... 5 Page 27 1 Town of Estes Park Estes Transit Shuttle Service RATP Dev’s Company Overview RATP Dev USA, Inc. (RATP Dev) has successfully provided transit management, operations, and maintenance services in the United States since 1972. RATP Dev is a wholly owned subsidiary of RATP Développement SA, a division of worldwide transit provider RATP Group. This ties us to not only the expertise of our U.S. operations, but it also incorporates over 70 years of global transit service experience, including buses, subways, streetcars, and light rail systems worldwide. RATP Dev’s collective expertise in project management, operations, safety, maintenance, and innovation is what will continue to underline our partnership with the Town of Estes Park in the provision of Estes Transit Shuttle Services. As your transit provider for 17 years, RATP Dev pledges to continuously improve the quality of Estes Transit Shuttle Services and enhance visitor experiences while protecting park resources. As a key member of the park community, General Manager Brian Wells will continue to support Estes Park and help to maintain the balance between resource protection and visitor enjoyment. Company Profile Our parent company, RATP Group, transports more than one billion passengers annually through our management and operation of transit systems in 14 countries, eight countries through franchises, 106 subsidiaries, and with 14,000 team members who deliver best-in-class service to customers and their passengers. Our collective expertise in safely operating, managing, maintaining, and modernizing public transportation in cities, suburbs, and towns, including on a regional scale, is what shapes our unique management and operations approach. RATP Dev also draws upon 50 years of experience of our parent and predecessor company in the United States to uphold a legacy of successful turn-key operations, transit management, and maintenance services. RATP Dev USA successfully manages and operates 35 transit systems throughout the U.S., with more than 1,900 transit vehicles under our stewardship, which operate over 50 million annual revenue miles. A summary of RATP Dev’s company information is provided in the chart below: Date of Incorporation December 1, 1978. Transit operations in the United States were founded in June 1972 with our first managed system. Ownership RATP Dev USA, Inc. is a wholly owned subsidiary of RATP Développement SA, a division of worldwide transit provider RATP Group, globally headquartered in Paris, France. Acquisition and Rebranding McDonald Transit Associates was acquired by RATP Dev North America in 2009. Transit operations in North America began rebranding in 2017, with services now operating as RATP Dev USA, Inc. Corporate Office The corporate office of RATP Dev USA, Inc. is in Fort Worth, TX. Years in Business 50 years including predecessor companies. Size of Business 4,160 U.S. employees. Services Offered Transit Management, Operations, Maintenance, and Consulting. Capabilities and Resources As a prime transit operator, RATP Dev draws on its intermodal transit network expertise to support our clients’ mobility projects. These origins nurture a dual culture among our employees: one of operational excellence, coupled with respect for the regions in which we operate. We believe in creating a culture of continuous improvement in which safety, security, and overall customer experience must never be compromised. Evidenced through our partnership with Estes Park and our local partnership with the National Park Service (NPS) in the provision of shuttle bus services at the Rocky Mountain National Park (ROMO), RATP Dev has continuously adapted our operations approach to respond quickly to the distinct needs of the shuttle bus service and visitors, to achieve optimal results. Page 28 2 Town of Estes Park Estes Transit Shuttle Service As your current transit partner, RATP Dev will continue to provide tailored solutions to deliver safe, quality transportation services for Estes Park. From safety and quality assurance to operational excellence and environmental awareness, RATP Dev is confident in our ability to successfully deliver shuttle bus services for years to come. RATP Dev’s local and corporate leadership will always be available and visible, working together to build rapport and engaging with visitors. From riding the services to interacting with passengers, we will continue to manage and operate the service together. Delivering Quality Services Key Personnel Brian Wells, General Manager RATP Dev is pleased to propose that Brian Wells remain as the general manager for Estes Park and ROMO transportation services. Brian is a highly qualified professional with the experience and strong motivation which allows him to excel in the field of transportation management, His extensive experience in organizational leadership and transportation management includes program development, budget creation & oversight, policy formation, grant application & administration, and regular communications with board selected leaders, and the public. Brian has additional training with an Advanced Transit Professional Certificate and as a Certified Community Transit Supervisor along with training in public information and homeland security. Rick "Pappy" Papineau, Safety Officer, Operations Supervisor RATP Dev is pleased to propose Rick Papineau remain in his position of safety officer and operations supervisor for Estes Park and ROMO services. Rick has over 23 years of supervisory experience across several industries. His duties for the Park include supervising the revenue vehicles at both the Park & Ride and Estes Park, being a co-trainer for developing new operators, and as safety officer since 2018. Rick specializes in maintaining the SDS Book, safety training, and handles the coordination of random testing appointments. Bill Bradford, Maintenance Director, Operations Supervisor and CDL Trainer RATP Dev is pleased to propose Bill Bradford remain in his position of maintenance director, safety officer, CDL trainer, and operations supervisor for Estes Park and ROMO services. Bill has been with RATP Dev at the Park since 2011. Bill has worked in the transit field for over 40 years, driving multiple classifications of buses, and light-rail. Bill specializes in coordinating outside bus repairs and parts ordering. Bill also supervises dispatchers and cleaners, conducts facility maintenance, schedules vehicle preventative maintenance, checks fleet fluid levels, and coordinates/conducts new operator training. Project Management Estes Park will continue to receive effective and efficient service delivery and quality control of the daily operations for shuttle services. We will work closely with Estes Park to continually improve the shuttle system by employing the procedures described below. RATP Dev will work with Estes Park management to develop policies for emerging operational issues as well as fine-tuning existing policies to enhance the shuttle system. Page 29 3 Town of Estes Park Estes Transit Shuttle Service Scheduling Vehicle and personnel scheduling is one of the most important aspects of an efficient and effective transit system. Each year RATP Dev, in coordination with Estes Park, has reviewed and analyzed the ridership demand by time of day and route to determine where schedule changes can be made to maximize system productivity and cost effectiveness. RATP Dev proposes to continue and expand this practice of tracking passenger boardings by route, trip and bus stop. Special Event Services RATP Dev’s management is extensively familiar with providing special event transit services throughout the year for several town-provided events. During these events, shuttle services are altered for service times, routes, and stops, to better serve visitors. For 2023, special events planned include the Wool Market, Independence Day Fireworks, Scot Fest Parade, Fine Arts & Crafts, Autumn Gold, Elk Fest, Rocky Mountain Craft Spirits Fest, Tree Lighting Ceremony, and Catch the Glow Parade. Dispatching A dispatcher or an operations supervisor will be on duty in the dispatch office during all hours of operation. The dispatch function is responsible for the following:  Communicating all service-relevant information to bus drivers.  Reporting and addressing in-service mechanical failures and other service interruptions.  Reporting and addressing incidents and passenger problems.  Coordinating and verifying daily driver work assignments.  Insuring proper completion of daily bus pre-trip inspections and assignments.  Generating ‘Dispatch Log’ entries for any noteworthy events including customer reports, vehicular and passenger incidents, and personnel matters. Dispatchers will complete a minimum of 40 hours supplemented with on-the-job training and mentoring in the early stages of their careers. Estes Park Visitor Center Dispatch For the new contract, RATP Dev will staff a dispatcher to be stationed at the Estes Park Visitor Center. This dispatcher will be focused on hiker shuttle operations and the integration of that service with the Town of Estes Park Shuttle and the Bustang service. Additional duties may include:  Coordinating the loading of park visitors under a timed entry system when reservations for the Hiker Shuttle may be required.  Checking visitors reservation confirmations to ensure they are riding during their reserved time slot and verifying their purchase of an entrance pass or possession of an appropriate annual pass. Service Monitoring RATP Dev has developed proven systems for monitoring, evaluating and improving operations. These include all areas of operations with a critical emphasis on safety, customer satisfaction and security. Supervisor duties include:  Assisting visitors and shuttle passengers.  Monitoring service conditions, including operator performance and schedule adherence.  Assisting operators when needed.  Reporting and resolving service-related issues in the field.  Monitoring, supervising, and assisting at accident scenes. Data Collection and Comprehensive Reporting Service monitoring and improvement relies on accurate reporting and timely follow-up action. Accordingly, RATP Dev has developed detailed reporting techniques for all aspects of the shuttle system. Page 30 4 Town of Estes Park Estes Transit Shuttle Service Base-line information is collected and entered on a daily basis so that the database is current and daily and weekly reports are always up to date. Human Resources With the labor market fluctuations resulting from the COVID pandemic, wage subsidy, vaccinations, and ramp up to safely return to normal services levels, the transportation industry continues to experience an operator labor shortage. Additionally, bus operator pay has been stagnant, while over-the-road drivers are experiencing exponential wage increases; socio-economic challenges including the rising costs of living and the steep competition between other transit operation employers – such as school districts and expedited delivery services – exacerbate recruiting challenges. RATP Dev has recognized these challenges and proactively implemented a recruiting strategy to attract, hire, develop, and retain operators across our United States transit services. RATP Dev is confident in the staff we will bring to the Estes Park shuttle service. Training Programs Operator Training Our training course for new operators involves a detailed examination of the rules, policies, and safety procedures for the safe operation of the Estes Park Shuttle Service. There will be a strong emphasis on the development of necessary skills needed to operate specific transit vehicles, assist customers, understand the routes, adhere to manifests, and drive defensively. Our comprehensive operator training curriculum focuses on achieving excellence in customer service. Customer service modules are included in new hire and refresher training. Customer service training is delivered using different training techniques, such as classroom training, behind the wheel (BTW) training, role-playing exercises, and verbal de-escalation training. We will train new employees to uphold the high standards of RATP Dev to ensure successful Estes Park Shuttle Services. Our standard training for new operators includes a minimum of 120 hours of training (15 days). Our program utilizes high-quality safety videos and materials intended to engage new- hires and provide effective learning. Operations Supervision Training Initial training for dispatchers and operations supervisors is a minimum of 40 hours supplemented with on-the-job training and mentoring in the early stages of their careers. Our staffing approach is to have all dispatchers and supervisors fully educated on all the functions of dispatching, service supervision and the radio system. They will also be able to effectively communicate with customers and the general public. Dispatchers and supervisors will be trained in customer relations skills and operating policies to handle all Park visitor service inquiries and concerns. Dispatchers and supervisors will also fill the role of passenger loaders. We will teach them proper techniques for boarding Park visitors, providing proper directions to different Park locations and correct safety procedures. Maintenance Personnel Training Before working independently, all new maintenance personnel will participate in at least 40 hours of training. Training will cover all policies related to maintenance and fueling, and will be tailored to meet the different capabilities and experience of each new hire. RATP Dev will provide all maintenance employees, whether new or existing, training and materials from the original equipment manufacturers (OEM) or the component manufacturer. This training will cover subjects such as engines, transmissions, electronics and shop equipment. By relying on OEM materials, we ensure the highest levels of vehicle and maintenance equipment reliability and longevity are achieved. Furthermore, this training establishes a strong working relationship between the OEM and our employees. Page 31 5 Town of Estes Park Estes Transit Shuttle Service Customer Service Training All employees involved with Estes Park visitors are expected to recognize the role they play in customer service. We train every employee who has routine contact with visitors through our Customer Service – Training Program. All operations employees will be well-versed in effective customer communication and trained in sensitivity issues to meet the needs of our customers. Each employee receives training at new hire and eight (8) to 16 hours of annual refresher training that includes customer service training. The focus is carried through to training, coaching, and routine refresher training. Refresher Training Program RATP Dev’s training policy ensures that all personnel receive at least eight hours of refresher training annually through safety meetings, customer service training, etc. Refresher training includes criteria for determining the success of the training program, as well as previous refresher training efforts. Review of customer service reports, safety procedures, and managing medical emergencies are reinforced through the refresher training to ensure all staff are utilizing best operational practices. Maintenance Plan To accomplish the objectives of Estes Park and RATP Dev for maintenance excellence, our maintenance personnel will adhere to, and track progress against our corporate maintenance performance standards. Preventive Maintenance Inspections (PMIs) will be monitored by performing audits and health checks. The work history of employees is overseen to ensure we have made appropriate repairs, entered proper notes into the Ron Turley Associates (RTA) System, and allocated the correct time to each job to ensure we track maintenance cost compared to operating cost, ultimately creating efficiencies. We will use a comprehensive quality assurance program to ensure the implementation of best practices and precision repairs by our thoroughly trained staff. All components on each bus, including those added during the term of this contract, will be covered under our PM program. The PM requirements and schedules will be based on the component manufacturers’ recommendations for servicing and repairs. Equipment PMI will be performed on either usage or scheduled basis, depending on the type of equipment. Safety RATP Dev’s safety program for Estes Park includes strict hiring procedures, safety-based training, accident investigation best practices, safety committees, and specific responsibilities for all employees. The Safety Program defines both management and employee accountability for the utmost safety and security of the transit system. RATP Dev’s ASP documents all policies, functions, responsibilities, and requirements necessary to achieve the highest degree of system safety, for all aspects of the Estes Park and ROMO transit system. Safety Officer Rick Papineau and General Manager Brian Wells are ultimately responsible for enforcing the safety program and maintaining safe and secure operations and services. Each employee is required to carry out specific system safety responsibilities, depending on their position, in compliance with the safety program. All employees are charged with the responsibility of adhering to the RATP Dev Safety Program. Any violation of safety or security practices is subject to appropriate administrative action. Page 32 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, CAPP, CCTM, Mobility Services Manager Greg Muhonen, PE, Public Works Director Date: May 23, 2023 RE: Resolution 53-23 Intergovernmental Agreement with CDOT for 2023 Bustang to Estes Service (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Town Board approval of an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for 2023 Bustang service. Present Situation: Bustang is CDOT’s Interregional Express bus service that connects commuters along the I-25 Front Range and I-70 Mountain Corridors. By linking urban and rural transit systems, Bustang responds to demand from the traveling public to have a reliable transit alternative along the highest traveled corridors in the state.1 In 2019, the Town, CDOT and Rocky Mountain National Park (RMNP) partnered to pilot six weekends (13 days) of Bustang service from Denver Union Station to Estes Park, with two stops along US 36 on the south side of Boulder. The 2019 pilot was developed to help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. The pilot also supported CDOT’s goals to improve safety, mobility, access, and rural connectivity to transit services. Bustang to Estes service expanded in 2021 to include a stop in Lyons, and in 2022 to include direct access to RMNP’s Bear Lake Park-n-Ride. Beginning Saturday, May 27, Bustang to Estes will operate forty-two (42) days of 2023 service consisting of Saturdays and Sundays for 38 weekend days through Sunday, October 1, plus four (4) Mondays (Memorial Day on May 29; Juneteenth on June 19; July 3; and Labor Day, September 4). Service will originate at Denver Union Station and terminate within 1 Source: RideBustang.com Page 33 RMNP at the Bear Lake Road Park-n-Ride, with intermediate stops at Regional Transportation District (RTD) US 36 and Sheridan Station in Westminster (new in 2023!); US 36 and Broomfield Station; US 36 and Table Mesa Station in Boulder; the Town of Lyons Park-n-Ride; and the Estes Park Visitor Center. A roundtrip ticket will cost $15.00 per passenger, with discounts available for youth, college students and seniors. All Bustang buses are fully wheelchair accessible. Proposal: Public Works staff recommend that the Town Board approve the IGA with CDOT for 2023 Bustang to Estes service. Advantages: •Help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. •Provide an affordable transportation option connecting Estes Park to the Front Range, Denver Metro, and Denver International Airport. •Demonstrates the Town’s commitment to continued and expanded partnership with CDOT; RMNP; and regional partners like Boulder County, the cities of Broomfield, Westminster, and Boulder, and the Town of Lyons. Disadvantages: •The Bustang vehicles could occupy parking spaces at the Visitor Center during busy summer weekends; however, Town staff are working with Ace Coaches to park Bustang at the Estes Park Events Complex whenever the vehicles are not parked at the RMNP Bear Lake Park-n-Ride. Action Recommended: Approval of Resolution 53-23. Finance/Resource Impact: There is no identified impact to the Town budget in 2023. CDOT intends to pay for Bustang service with fare-box revenue and state funds through SB 09-108 (FASTER). Level of Public Interest The level of public interest is low to moderate. Sample Motion: I move for the approval/denial of Resolution 53-23. Attachments 1.Resolution 53-23 2.IGA with CDOT for 2023 Bustang to Estes Service Page 34 RESOLUTION 53-23 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR 2023 BUSTANG TO ESTES SERVICE WHEREAS, the Town Board desires to enter the intergovernmental agreement referenced in the title of this resolution for the purpose of allowing CDOT’s operation of 42 days of 2023 Bustang to Estes service. WHEREAS, CDOT will operate Bustang commuter services for two roundtrips each day of operation, originating from the Denver Union Station in downtown Denver, CO, with stops at US 36 & Sheridan Station, US 36 & Broomfield Station, US 36 & Table Mesa Station, US 36 & Lyons Park-n-Ride, the Estes Park Visitor Center, and Rocky Mountain National Park Bear Lake Park-n-Ride; WHEREAS, CDOT will fund all aspects of the Bustang to Estes in 2023; WHEREAS, the Town desires to support CDOT’s state goals to improve safety, mobility, access, and rural connectivity to transit services, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 35 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 1 of 9 Version 07.2022 STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT COVER PAGE State Agency Department Of Transportation Contract Number 23-HTD-XC-00083 Town/Local Agency Town Of Estes Park Contract Performance Beginning Date The Effective Date Contract Maximum Amount $0.00 THIS IS A NON-FUNDS ENCUMBERING INTERGOVERNMENTAL AGREEMENT Contract Expiration Date December 31, 2023 Contract Purpose This Intergovernmental Agreement delineates the Department of Transportation’s and Town of Estes Park’s responsibilities regarding a project to provide limited transit commuter services between Denver and Estes Park. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Contract: 1.Exhibit A – Statement of Work In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1.Colorado Special Provisions in §8 of the main body of this Contract. 2.The provisions of the other sections of the main body of this Contract. 3.Exhibit A, Statement of Work. Principal Representatives For the State: For Town/Local Agency: Jennifer F Phillips, Assistant Director, Bus Operations CDOT DTR 2829 W. Howard Place Denver, CO 80204 (303) 319-9197 jennifer.f.phillips@state.co.us Vanessa Solesbee, Parking & Transit Mgr. Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 (970) 577-3957 vsolesbee@estes.org Attachment 2 Page 36 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 2 of 9 Version 07.2022 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that the signer is duly authorized to execute this Contract and to bind the Party authorizing such signature. TOWN/LOCAL AGENCY Town of Estes Park ______________________________________________ By: Wendy Koenig Mayor Date: _________________________ TOWN/LOCAL AGENCY Town of Estes Park By:_______________________________________________ Jackie Williamson, Town Clerk Date: _________________________ TOWN/LOCAL AGENCY Town of Estes Park ______________________________________________ By: Daniel Kramer, Town Attorney Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ______________________________________________ By: Keith Stefanik, P.E., Chief Engineer Date: _________________________ Page 37 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 3 of 9 Version 07.2022 1. PARTIES This Contract is entered into by and between Town/Local Agency named on the Cover Page for this Contract (the “Town/Local Agency”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Contract (the “State”). Town/Local Agency and the State agree to the terms and conditions in this Contract. 2. TERM AND EFFECTIVE DATE A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Town/Local Agency for any Work performed or expense incurred before the Effective Date or after the expiration or sooner termination of this Contract. B. Initial Term The Parties’ respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Cover Page for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Contract. C. End of Term Extension If this Contract approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Town/Local Agency as provided in §6, may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Contract in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement contract or modification extending the total term of this Contract. D. Termination for Cause If, through any cause, either Party shall fail to fulfill its obligations under this Agreement, or if either Party shall violate any of the covenants, agreements, or stipulations of this Agreement, either Party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the other Party of its intent to terminate and giving at least three (3) days opportunity to cure the default or show cause why termination is otherwise not appropriate. 3. STATEMENT OF WORK Town/Local Agency shall perform as described in this Contract and in accordance with the provisions of Exhibit A. 4. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Town/Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Town/Local Agency under this Contract. Such a conflict of interest would arise when a Town/Local Agency or Subcontractor’s employee, officer or agent were to offer or provide Page 38 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 4 of 9 Version 07.2022 any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Contract. B. Apparent Conflicts of Interest Town/Local Agency acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Town/Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Town/Local Agency ’s obligations under this Contract. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Town/Local Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Town/Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Contract. D. Town/Local Agency acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Town/Local Agency further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Contract. 5. DISPUTE RESOLUTION Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his/her duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 6. NOTICES AND REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Contract shall be the principal representative of the designating Party. All notices required or permitted to be given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with Page 39 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 5 of 9 Version 07.2022 an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Contract. Either Party may change its principal representative or principal representative contact information or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative by notice submitted in accordance with this section without a formal amendment to this Contract. 7. GENERAL PROVISIONS A. Assignment Town/Local Agency ’s rights and obligations under this Contract are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Town/Local Agency ’s rights and obligations approved by the State shall be subject to the provisions of this Contract. B. Subcontracts/Sub-Local Agencies Town/Local Agency shall not enter into any subcontract in connection with its obligations under this Contract without the prior, written approval of the State. Town/Local Agency shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Town/Local Agency in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Contract. The State understands that the Local Agency may intend to perform some, or all of the services required under this Agreement through a Sub-local Agency. The Local Agency agrees not to assign rights or delegate duties under this Agreement or subcontract any part of the performance required under the Agreement without the express, written consent of the State, which shall not be unreasonably withheld. C. Binding Effect Except as otherwise provided in §7.A, all provisions of this Contract, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Contract and the performance of such Party’s obligations have been duly authorized. The Town/Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the Local Agency to its terms. The person(s) executing this Agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Agreement. E. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract to Page 40 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 6 of 9 Version 07.2022 sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Contract may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. I. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. This Agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Agreement shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. Either party may suggest renegotiation of the terms of this Agreement, provided that the Agreement shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the Parties agree to change the provisions of this Agreement, the renegotiated terms shall not be effective until this Agreement is amended/modified accordingly in writing. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Contract. Page 41 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 7 of 9 Version 07.2022 K. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of this Contract. L. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of this Contract and shall be enforceable by the other Party. M. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on Town/Local Agency. Town/Local Agency shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Town/Local Agency may wish to have in place in connection with this Contract. N. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §7.A, this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to this Contract, and do not create any rights for such third parties. O. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. P. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. Q. Standard and Manner of Performance Town/Local Agency shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Town/Local Agency ’s industry, trade, or profession. R. Licenses, Permits, and Other Authorizations. Town/Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of Page 42 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 8 of 9 Version 07.2022 their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. 8. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S.; then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT TOWN/LOCAL AGENCY. Town/Local Agency shall perform its duties hereunder as an independent Town/Local Agency and not as an employee. Neither Town/Local Agency nor any agent or employee of Town/Local Agency shall be deemed to be an agent or employee of the State. Town/Local Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Town/Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Town/Local Agency or any of its agents or employees. Town/Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Town/Local Agency shall (i) provide and keep in force workers' compensation and unemployment compensation Page 43 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Page 9 of 9 Version 07.2022 insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Town/Local Agency shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Town/Local Agency harmless; requires the State to agree to binding arbitration; limits Town/Local Agency ’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Town/Local Agency hereby certifies and warrants that, during the term of this Contract and any extensions, Town/Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Town/Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Town/Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Town/Local Agency ’s services and Town/Local Agency shall not employ any person having such known interests. Page 44 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Exhibit A Page 1 of 4 EXHIBIT A, STATEMENT OF WORK This Exhibit A – Statement of Work is part of that certain Contract #23-HTD-XC-00083 by and between the Town of Estes Park (“Contractor” or “Town”), and the State of Colorado acting by and through the Colorado Department of Transportation (“State” or “CDOT”). This exhibit documents the Services to be performed by Local Agency, including the Deliverables, the responsibility of the Parties, and how a project will generally be managed. In the event of a conflict or inconsistency between the Contract and its exhibits and attachments, such conflict or inconsistency shall be resolved in the manner specified on the Cover Page of the main body of the Contract. Any references to defined terms that are not specifically defined herein shall have the same meaning as those set forth in the Contract and its exhibits. 1. DEFINITIONS The following list of terms shall be construed and interpreted as follows: A. “Ace” or “Ace Express” means Ace Express Coaches, LLC, the State’s contracted operator for the Elkstang commuter services. B. “Deliverable” means any tangible or intangible object produced by Contractor as a result of the Work that is intended to be delivered to the State, regardless of whether the object is specifically described or otherwise identified as a “Deliverable.” C. “Elkstang” means the limited seasonal recreational transportation service described in Section 2.A and Section 2.B of this Exhibit A. D. “Force Majeure” means if CDOT is prohibited or prevented, directly or indirectly, from performing any of its obligations under this Contract by reason of weather-related issues, avalanche, fire or other casualty, act of God, war, riot, strike, intervention by civil or military government authorities, orders of the judiciary, or any other cause whatsoever beyond CDOT’s control, as the case may be (any such event, a “Force Majeure Event”). E. “Key Personnel” means the position or positions that are specifically designated as such in this Exhibit A. F. “Other Personnel” means individuals and Subcontractors, in addition to Key Personnel, assigned to positions to complete tasks associated with the Work. 2. PROJECT OVERVIEW A. INTRODUCTION i. The Colorado Department of Transportation (CDOT) is entering into this agreement with Contractor for CDOT to provide limited seasonal recreational transportation services to the Estes Park Visitor Center, which is located in Larimer County, Colorado at 500 Big Thompson Avenue, Estes Park, CO 80517. Page 45 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Exhibit A Page 2 of 4 ii. CDOT will provide forty-two (42) days of transportation between Rocky Mountain National Park and Denver, including service to the Estes Park Visitor Center, beginning Saturday, May 27, 2023. The 42 days of transportation will consist of operating on Saturdays and Sundays for 38 weekend days through Sunday, October 1, 2023, plus four (4) Mondays (Memorial Day on May 29, 2023; Juneteenth on June 19, 2023; July 3, 2023; and Labor Day, September 4, 2023). Each day of transportation will consist of two round trips operated with two separate buses. B. SCOPE i. Each day of transportation service will consist of two (2) round trips, with both trips arriving in Estes Park in the morning and both trips departing Estes Park in the afternoon. ii. Days of Service: CDOT will provide forty-two (42) days of transportation service to the Estes Park Visitor Center on Saturdays, Sundays, and 4 Mondays, excluding any Force Majeure Events. iii. Service is expected to begin on May 27, 2023, with the last trip taking place on October 1, 2023. iv. Operating Mondays: Memorial Day on May 29, 2023; Juneteenth on June 19, 2023; July 3, 2023; and Labor Day, September 4, 2023. v. Stops: Service will originate at Denver Union Station and terminate within Rocky Mountain National Park at the Bear Lake Road Park & Ride, with intermediate stops at RTD US 36 and Sheridan Station in Westminster, RTD US 36 and Broomfield Station, RTD Table Mesa Station in Boulder, the RTD Lyons Park-n-Ride, and the Estes Park Visitor Center. C. FARES i. CDOT shall be responsible for online ticketing and fare payment processing, and tickets must be purchased via RideBustang.com, RideElkstang.com, mobile app, or webpage. ii. Fare revenue shall be retained by CDOT to offset the cost of providing the transportation services described in this Exhibit A. iii. CDOT shall not sell fares for passenger trips taking place entirely between the Estes Park Visitor Center and Rocky Mountain National Park. iv. Adult round-trip guaranteed seat fare is $15.00 per seat. v. Senior (at least 65 years old), Disability, and Student round-trip guaranteed seat fare is discounted 25% from the full adult fare, or $11.25 per seat. vi. Child (2 to 12 years old) round-trip guaranteed seat fare is $5.00 per seat. vii. Passengers purchasing fares with the Student discount must present valid, unexpired student identification issued by a K-12 school, college, or university prior to boarding. Page 46 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Exhibit A Page 3 of 4 D. ACCESS TO CONTRACTOR’S PROPERTY i. Contractor shall permit CDOT’s buses to access Contractor’s properties for the purposes of dropping off and picking up passengers. ii. Contractor shall designate a bus stop location on its property, which shall be at a safe, ADA accessible and convenient location with easy access for guests. iii. Contractor shall provide for one (1) reserved Elkstang support vehicle parking space at the Estes Park Visitor Center Parking Garage located at 691 N. St Vrain Avenue on the days of transportation service listed in Section 2.B. The Elkstang support vehicle will fit within a single standard passenger vehicle parking stall. iv. Contractor shall permit driver and passenger use of restroom facilities at the Estes Park Visitor Center. v. Contractor shall permit Elkstang passenger parking at the Estes Park Visitor Center Parking Garage. E. INSURANCE i. CDOT’s Bustang operator, Ace Express Coaches, LLC, will provide the Federal Motor Carrier Safety Administration (FMCSA) minimum auto liability per occurrence of $5,000,000, and will name Town of Estes Park as an Additional Insured. 3. CONTRACTOR’S OTHER RESPONSIBILITIES In addition to the responsibilities named elsewhere in this Exhibit A, Contractor shall be responsible for the following list of items: A. Contractor shall work cooperatively with CDOT staff and, if applicable, the staff of other State contractors to ensure the completion of the Work identified in this Exhibit A. CDOT may, in its sole discretion, use other contractors to perform activities related to the Work that are not contained in the Contract or to perform any of CDOT’s responsibilities. In the event of a conflict between Contractor and any other State contractor, CDOT will resolve the conflict and Contractor shall abide by the resolution provided by CDOT. B. Contractor shall use and disseminate marketing materials prepared by CDOT’s marketing contractor, Amelie Company, to advertise the Elkstang service to Contractor’s community with the goal of increasing awareness and ridership. C. Contractor shall create a weblink to CDOT’s RideBustang.com or RideElkstang.com on the Town’s website. D. Contractor shall install at least one (1) Elkstang bus stop sign at the designated bus stop location prior to the first day of transportation service and continuing through the last day of transportation service. E. Contractor shall provide qualified Key Personnel and Other Personnel as necessary to perform the Work throughout the term of the Contract. Contractor shall provide CDOT with a final list of Page 47 Contract Number: 23-HTD-XC-00083 OLA Number: 331003027 Exhibit A Page 4 of 4 all Key Personnel and Other Personnel assigned to the Contract and appropriate contact information for those individuals. Contractor shall designate qualified people to hold the following Key Personnel position(s): Project Manager. F. Contractor shall ensure Key Personnel and Other Personnel assigned to the Contract are available for meetings with CDOT during CDOT’s normal business hours, as determined by CDOT. Contractor shall also make these personnel available outside of CDOT’s normal business hours and on weekends with prior notice from CDOT. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Date: May 23, 2023 RE: Resolution 28-23 Sunsetting the Family Advisory Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Consider a resolution to sunset the Family Advisory Board (FAB). Present Situation: At a Study Session held on February 28, 2023, the Town Board indicated its interest in sunsetting the Family Advisory Board. While the Town Board remains committed to addressing community issues impacting families and acknowledges the talent and dedication of FAB members past and present, Trustees suggested there are likely more effective ways to tackle these issues than with an advisory board. At their March 14, 2023 meeting, the Town Board considered a Resolution to sunset the FAB. After hearing from FAB members, they decided to postpone consideration of the Resolution in order to permit the FAB to conclude current business, consider the language in the sunsetting resolution and propose edits, and allow for staff assistance in transitioning the FAB to a community-based board. Proposal: Staff proposes that the Town Board consider the attached resolution, revised from the original version proposed in March based on feedback from the FAB, which would formally sunset the Family Advisory Board. Advantages: • Increased efficiency in gathering data and perspectives on issues impacting families given the Town’s direct partnerships with community organizations that provide services to families. Page 61 Disadvantages: • Some FAB and community members have raised concerns that sunsetting the FAB would reduce the Town’s focus on families and create the perception that the Town does not prioritize addressing family-related issues. However, as discussed at length in previous meetings, it is the Town’s intention to put more focus on these issues, especially with respect to workforce and attainable housing and childcare. Action Recommended: That the Town Board consider approval of Resolution 28-23. Finance/Resource Impact: No financial impact identified. Level of Public Interest Medium Sample Motion: I move for the approval/denial of Resolution 28-23. Attachments: 1. Resolution 28-23 Page 62 RESOLUTION 28-23 SUNSETTING THE FAMILY ADVISORY BOARD WHEREAS, the Town Board may sunset non-statutorily required Town Committees as outlined in Board Policy 102; and WHEREAS, the Family Advisory Board (FAB) has achieved great success in elevating awareness of issues of importance to families in the community, particularly in the areas of workforce and attainable housing and childcare; and WHEREAS, the Town is committed to maintaining direct partnerships and regular communication with family-serving organizations and collaboratives in the community who are acutely aware of issues impacting families and who provide direct feedback to Town Staff and leadership; and WHEREAS, the Town has created a new position that will focus specifically and solely on issues related to workforce/attainable housing and childcare in the Estes Valley, including working directly with family-focused partner organizations in the community; and WHEREAS, the Town will convene a community stakeholder group to meet routinely and provide feedback and input to inform the development of the Annual Workforce Housing and Childcare Funding Plan; and WHEREAS, the Town can convene task-oriented ad-hoc committees moving forward to address particular tasks and provide input on the ongoing and diverse issues impacting families; and WHEREAS, the Town Board has established that the FAB has completed their purpose and is no longer necessary for the efficient and effective operation of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Family Advisory Board is hereby dissolved and its bylaws terminated. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 63       Page 64 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 2. Ordinance 04-23 Amending Chapter 14.12 of the Estes Park Municipal Code to Adopt the 2021 Editions of International Codes, Including the International Building, Residential, Existing Building, Fuel Gas, Mechanical, Plumbing, Property Maintenance, Energy Conservation, and Swimming Pool and Spa Codes, with Amendments.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. Page 65 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 66 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jessica Garner, Community Development Director Date: May 23, 2023 RE: Ordinance 04-23 Amending Chapter 14.12 of the Estes Park Municipal Code to Adopt the 2021 Editions of International Codes, Including the International Building, Residential, Existing Building, Fuel Gas, Mechanical, Plumbing, Property Maintenance, Energy Conservation, and Swimming Pool and Spa Codes, with Amendments PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and adopt Ordinance 04-23 for the 2021 International Building Codes with local amendments. Present Situation: Staff from Community Development has been working with the Building Advisory Committee (BAC) since 2021 to review the 2021 series of International Codes in order to clarify questions about the codes, the costs of implementing the most recent code cycle, and to determine which code cycle to recommend to the Board for adoption. Each set of Codes listed below would be adopted by reference, and require additional public notice before the public hearing on May 23. Copies of each of the Codes are available in the Town Clerk’ s office from 8:00 am-5:00 pm, Monday through Friday until the public hearing. Proposal: Staff recommends adoption of the 2021 International Building Codes with amendments, with the Ordinance effective 30 days after publication and the codes coming into effect January 1, 2024. As amended, the 2021 International Building Code includes, by reference, the following codes in their entirety: • International Existing Building Code • International Fuel Gas Code • International Mechanical Code Memo COMMUNITY DEVELOPMENT Page 67 • International Plumbing Code • International Property Maintenance Code • International Energy Conservation Code The International Pool and Spa Code and the International Residential Code are adopted separately and not as a part of the IBC. Currently, the draft IRC would require all new single-family homes, two-family homes, duplexes, and townhomes to have sprinklers installed throughout the residence. Should the Board decide to revise this requirement to exempt single-family homes, the Board can accomplish this through a simple strikethrough of the code: “An automatic fire sprinkler system shall be installed in all one- and two-family dwellings.” Here is a motion the Board may consider: I move to amend Exhibit B of the ordinance, page 11, section 313.2, first sentence, by striking the words “one- and,” so as to remove one-family dwellings from the requirement for automatic sprinkler systems. On April 25, 2022, the Board directed Staff to prepare the 2021 IBC and related codes with amendments for the hearing on May 23rd, including the Colorado Model Electric Ready and Solar Ready Code in final draft form instead of Appendices RB and CB, due to significant overlap of regulations. Staff has not included in the draft ordinance for adoption, Appendices RC and CC, as we understand only one Colorado municipality has adopted either of the two, for various reasons. Based on the direction from the Board on April 25th, further review and discussion of Appendices RC and CC is planned, which can be adopted later with no detrimental impact on the cumulative 2021 IECC elements so long as the Town also adopts the Colorado model electric ready and solar ready code at this time, and Staff will schedule a subsequent Town Board study session to discuss later. Advantages: Adoption of the 2021 International Building Codes keeps the Town up to date on industry standards, new technologies and materials, recent studies, and other jurisdictions, including Larimer County. The 2021 Codes also provide safeguards and establish minimum safety standards for all aspects of building construction (structural, plumbing, electrical, gas, mechanical, and energy). Disadvantages: While the Town has typically adopted new building codes on a six-year cycle, there is an expected learning curve as contractors and designers in the industry acclimate to new and/or revised requirements. Action Recommended: Approve adoption of the 2021 IBC and related codes with amendments presented at the Town Board meeting on May 23, 2023, including the Colorado Model Electric Ready and Solar Page 68 Ready Code, and schedule a study session to discuss the possibility of adding Appendices RC and CC, as well as electric- preferred provisions presented by SWEEP at a later date. Finance/Resource Impact: Low. Level of Public Interest General Local Amendments: Low Significant changes: Medium Sprinklers: Medium Sample Motions: I move for the approval/denial of Ordinance 04-23. Attachments: 1.Ordinance 04-23 with local amendments 2.Exhibit A 2021 IBC amendment package 3.Exhibit B 2021 IRC amendment package 4.Exhibit C Vacation Home amendments 5.Exhibit D Colorado Model Electric Ready and Solar Ready Code 6.Residential Sprinkler Design Enhancements 7.Benefits of Sprinklers Page 69 ORDINANCE NO. 04-23 AN ORDINANCE AMENDING CHAPTER 14.12 OF THE ESTES PARK MUNICIPAL CODE TO ADOPT THE 2021 EDITIONS OF INTERNATIONAL CODES, INCLUDING THE INTERNATIONAL BUILDING, RESIDENTIAL, EXISTING BUILDING, FUEL GAS, MECHANICAL, PLUMBING, PROPERTY MAINTENANCE, ENERGY CONSERVATION, AND SWIMMING POOL AND SPA CODES, WITH AMENDMENTS WHEREAS, on the 25th day of April, 2023, this Ordinance was introduced to the Board of Trustees of the Town of Estes Park; and WHEREAS, notice of said hearing was published as provided in section 31-16- 203, C.R.S.; and WHEREAS, as stated in the published notice, certified copies of the International Building, Residential, and Swimming Pool and Spa Codes, 2021 Editions, and certified copies of all secondary codes referenced in the International Codes, have been on file in the office of the Town Clerk and available for public inspection; and WHEREAS, the subject matter of these codes is a set of comprehensive provisions and standards regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of buildings and structures for the purpose of safeguarding the public health, safety, and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Ellipses in this ordinance and its exhibits indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: Chapter 14.12 of the Estes Park Municipal Code is repealed and replaced with the following language, effective January 1, 2024: 14.12.010 - International Building Code, 2021—Adopted. The International Building Code, 2021 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, referred to in this title as the International Building Code, is enacted and adopted by reference. This code includes all secondary codes listed in its section 101.4, except that subsection 101.4.5 is hereby stricken, as the fire code is adopted through a separate process of the Estes Valley Fire Protection District. This code and its secondary codes are amended as described in section 14.12.060, originally adopted as Exhibit A to Ordinance 04-23. 14.12.020 – International Residential Code, 2021—Adopted. The International Residential Code, 2021 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, referred to in this title as the International Residential Code, is enacted and adopted by reference. This code is amended as described in sections 14.12.070 and 14.12.080, originally adopted as Exhibits B and C to Ordinance 04-23. 14.12.030 - International Property Maintenance Code Amended. The entirety of the International Property Maintenance Code, adopted via section 101.4.4 of the International Building Code, is stricken with the exception of Chapters 1 and 2 which shall remain. Section 101.2 is amended as follows, with Attachment 1 Page 70 strikethroughs indicating deleted material and underlined material indicating additions: The provisions of this code shall apply to all existing residential and nonresidential structures and all existing nonresidential premises . . . . 14.12.040 - International Energy Conservation Code Amended. The Colorado Model Electric Ready and Solar Ready Code is hereby adopted, as presented in Exhibit D attached to Ordinance 04-23, as an amendment to the International Energy Conservation Code. 14.12.050 – International Swimming Pool and Spa Code Adopted. The International Swimming Pool and Spa Code, 2021 Edition, issued by the International Code Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478- 5795, is enacted and adopted by reference. This code is amended as described in section 14.12.060, originally adopted as Exhibit A to Ordinance 04-23. Section 3: Section 14.12.060, entitled Local Code Amendments, is added to the Municipal Code effective January 1, 2024, and shall contain all the material contained in Exhibit A hereto. References to the Estes Park Land Use Code shall be interpreted as references to the entirety of the Estes Park Municipal and Development Codes. Section 4: Section 14.12.070, entitled Local Code Amendments—Residential, is hereby added to the Municipal Code effective January 1, 2024, and shall contain all the material contained in Exhibit B hereto. References to the Estes Park Land Use Code shall be interpreted as references to the entirety of the Estes Park Municipal and Development Codes. Section 5: Section 14.12.080, entitled Local Code Amendments—Residential— Vacation Homes, is hereby added to the Municipal Code effective January 1, 2024, and shall contain all the material contained in Exhibit C hereto. Section 6: Section 14.04.040 of the Municipal Code is hereby amended by the addition of underlined material and the deletion of stricken material, to read as follows, effective January 1, 2024: 14.04.040 - Violation. (a) It is unlawful for any person to violate any of the provisions of the a code adopted under Chapter 14.12International Building Code and International Residential Code. (b) Every person convicted of a violation of any provision of a code adopted under Chapter 14.12 the International Building Code and International Residential Code shall be punished as set forth in Section 1.20.020 of this Code. (c) The Town shall have the option of instituting an appropriate action in any court having jurisdiction to prevent, enjoin, abate or remove a violation of the any code adopted under Chapter 14.12International Building Code and International Residential Code to prevent any illegal act or use in or on such premises as a result of any violation of the International Building Code and International Residential Codesuch code. Section 7: Exhibits A, B, C, and D attached hereto are incorporated as local amendments to their respective codes as described above, effective January 1, 2024. Section 8: The codes and amendments adopted in this Ordinance shall supersede and replace their counterparts of earlier editions upon the effective dates listed above. Page 71 Section 9: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2023. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2023 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2023, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 72 1 EXHIBIT A 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 2 Page 73 2 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 (Vacation Home) 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 Board of 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 or their designee shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. 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 if allowed and as described under the Code. 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 74 3 105.1.2 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 Page 75 4 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 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 76 5 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. 2. The address of the structure. Page 77 6 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 (VACATION HOME) 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 (VACATION HOME) 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 78 7 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 (Vacation Home) Rentals Resort Lodge Cottages with more than 10 occupants. Exceptions: 1. Short-term (Vacation Home) 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 (Vacation Home) 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 79 8 310.4.2 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. The following section is hereby amended to read as follows: 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 80 9 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. The following section is hereby amended to read as follows: 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: 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). Page 81 10 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. 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). Page 82 11 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 83 12 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 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. Page 84 13 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: 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 Page 85 14 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: 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. Page 86 15 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 87 16 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 88 17 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 89 18 FIGURE 2111.15 Larimer County Fireplace Area Map 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: Page 90 19 2902.2 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 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 Page 91 20 FIGURE 3601 LARIMER COUNTY WILDFIRE HAZARD AREA MAP 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 92 21 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 93 22 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 94 23 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 (Vacation Home) 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 95 24 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 96 25 Larimer County Fireplace Area Map 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. Page 97 26 Exceptions: 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. Page 98 27 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 (Vacation Home) 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: 102.8 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: Page 99 28 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. 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 100 29 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 101 30 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 102 31 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 103 32 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 104 33 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 105 34 FIGURE 901.5 Larimer County Fireplace Area Map 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 106 35 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: Page 107 36 312.1 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 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 108 37 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. Page 109 38 The following section is hereby amended by deleting the exception in its entirety to read as follows: 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: Page 110 39 111.1.3 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 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: Page 111 40 113.3 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 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 112 41 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 113 42 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 114 1 EXHIBIT B 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 (Vacation Home) 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 Town 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 if allowed and as described under the Code. 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: Attachment 3 Page 115 2 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. 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 Page 116 3 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 Town 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 Town 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 Town 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. 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. 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 Town Engineer and the applicant shall obtain and reasonably utilize any design flood elevation and floodway data available from other sources. Page 117 4 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: 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, Page 118 5 the building official and/or the Town 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. 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. Page 119 6 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. 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 120 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. Page 121 8 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. 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. Page 122 9 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: 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 Page 123 10 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. 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: Page 124 11 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. Page 125 12 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. 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 in Townhouses. 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 for Townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D. Exception: Within the Estes Valley Fire Protection District, automatic sprinkler systems for Townhouses 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 one- and two-family dwellings. 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: Page 126 13 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. 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. Page 127 14 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 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. Page 128 15 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 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 Page 129 16 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. 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. Page 130 17 R331.13 Maintenance. Defensible space areas created as required by this code or other 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: 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.” 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 Page 131 18 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. 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: Page 132 19 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: 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: Page 133 20 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. 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. Page 134 21 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. Page 135 22 FIGURE R1001.1.1 Town of Estes Park Fireplace Area Map 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. Page 136 23 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: 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 Page 137 24 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. 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. Page 138 25 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. 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. Page 139 26 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. 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. Page 140 27 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 141 28 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. Page 142 29 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 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: Page 143 30 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 with all applicable regulations. 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 with all applicable 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. Page 144 31 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 with all applicable 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 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 with all applicable regulations. The following section is hereby amended to read as follows: Page 145 32 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 withall applicable 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 with all applicable 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 all applicable regulations. CHAPTERS 34 - 43 DELETED Chapters 34 through 43 are hereby deleted in their entirety. APPENDICES Appendix AE “Manufactured Housing used as Dwellings” is hereby adopted as amended. The following section is hereby amended to read as follows: 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 Page 146 33 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 Page 147 34 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. 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 than 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: Page 148 35 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. 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 149 1 EXHIBIT C AMENDMENTS TO THE 2021 INTERNATIONAL RESIDENTIAL CODE RELATING TO VACATION HOMES Add the following exceptions to Section R101.2 Scope: 3.Vacation homes shall be permitted to be regulated in accordance with the International Residential Code for one-and two-family dwellings, where the dwellings legally existed prior to the effective date of this provision and where compliant with Section R332. 4.Large vacation homes shall be permitted to be regulated in accordance with the International Residential Code for one-and two-family dwellings, where a 2017 vacation home or large vacation home registration was applied for prior to April 01, 2017 and where compliant with Section R332. The occupant load for large vacation homes regulated by the International Residential Code shall be determined based on the number of bedrooms approved in conjunction with the 2017 registration application received prior to April 01, 2017. 5.Vacation homes constructed under permits applied for on or after June 26, 2017 shall be permitted to be regulated in accordance with the International Residential Code for one- and two-family dwellings, where new large vacation homes are prohibited by land use regulations and where compliant with Section R332. 6.Vacation homes constructed under permits applied for on or after June 26, 2017 shall be permitted to be regulated in accordance with the International Residential Code for one- and two-family dwellings; where new large vacation homes are allowed; where they have less than 2200 square feet of enclosed floor area, excluding attached garages, an occupant load of less than nine and do not have more than three bedrooms; and where compliant with Section R332. 7.Vacation homes constructed under permits applied for on or after June 26, 2017 shall be permitted to be regulated in accordance with the International Residential Code for one- and two-family dwellings, where constructed under a Development Plan approved prior to the effective date of this provision and no floor area or additional rooms used for sleeping purposes are added beyond the approved Development plan and where compliant with Section R332. Add the following definitions to Section R202 Definitions: Accessory Dwelling Unit (ADU). A dwelling unit, either attached or detached, which is on the same lot and under the same ownership as the primary dwelling. When accessory dwelling units and primary dwelling units are attached, they shall be regulated as two attached single-family dwellings. Approved Development Plan. Approved Development Plans are those projects which have been formally submitted, reviewed and approved pursuant to the residential and accommodations provisions of Table 3-3 of the Estes Park Development Code. Hotel. A building or a portion of a building which contains dwelling units and/or sleeping units where accommodations are provided for nine or more occupants transient in nature and where units may be individually rented. Large Vacation Home. A one-family dwelling constructed in compliance with the scoping provisions of the International Residential Code, where accommodations are provided for a single group of nine or more occupants transient in nature and where rooms may not be individually rented to guests which are not part of the group. Large Vacation Home Occupant Load. For the purposes of using a dwelling as a large vacation home, the approved maximum number of occupants shall be determined by allowing 2 occupants per approved bedroom plus 2 additional occupants. In large vacation homes, all occupants shall sleep only in rooms designated and approved for sleeping purposes. Large vacation homes Attachment 4 Page 150 2 regulated by the International Building Code shall comply with minimum design occupant load requirements of the International Building Code. Small Hotel. A building or a portion of a building which contains dwelling units and/or sleeping units where accommodations are provided for less than nine occupants, transient in nature and where units may be individually rented. Transient. Occupancy of a dwelling unit or sleeping unit for not more than 30 days. Vacation Home. A one-family dwelling constructed in compliance with the scoping provisions of the International Residential Code, where accommodations are provided for a single group of less than nine occupants transient in nature and where rooms may not be individually rented to guests which are not part of the group. Vacation Home Occupant Load. For the purposes of using a dwelling as a vacation home, the approved maximum number of occupants shall be determined by allowing 2 occupants per approved bedroom plus 2 additional occupants. In vacation homes, all occupants shall sleep only in rooms designated and approved for sleeping purposes. Add Section R332 as follows: SECTION R332 VACATION HOME AND LARGE VACATION HOME LIFE SAFETY INSPECTION R332.1 Life safety inspection. Vacation homes and large vacation homes shall comply with section R332. A vacation home or a large vacation home shall not be approved for occupancy unless the vacation home owner has made a full and complete application for a life safety inspection building permit to convert the home to a vacation home or large vacation home, the Chief Building Official or designee performs a life safety inspection, and the home has obtained the applicable Certificate of Occupancy in accordance with section R332.3. At minimum, vacation home and large vacation home life safety inspections shall include the provisions of R332.2.1 through R332.2.20. R332.2.1 Address identification. Vacation homes and large vacation homes shall have approved address identification, in compliance with the code in effect at the time of the initial inspection. 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. Obvious structural concerns shall be 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 after December 31, 1968, said openings shall comply with the code in effect at the time the opening was required. For dwellings constructed prior to January 01, 1969, the minimum requirements for said openings shall be at the discretion of the Building Official until determined by amendment based on documentation of existing conditions. R332.2.7 Window wells. Where required, compliant window wells shall be properly installed at emergency escape and rescue openings. For dwellings constructed after December 31, 1968, said window wells shall comply with the code in effect at the time the well was required. For dwellings constructed prior to January 01, 1969, the minimum requirements for said window wells shall be at the discretion of the Building Official until determined by amendment based on documentation of existing conditions. Page 151 3 R332.2.8 Smoke alarms. Approved smoke alarms shall be properly installed at all locations in compliance with the code in effect at the time of the initial inspection. R332.2.9 Carbon monoxide alarms. Approved carbon monoxide alarms shall be properly installed at all locations in compliance with the code in effect at the time of the initial inspection. 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. g. Fuel gas appliances shall have proper condensate disposal. h. Rooms/spaces containing fuel gas appliances shall be properly fire-blocked. i. Other than existing cook tops, no ventless fuel gas appliances are allowed in Estes Park. R332.2.11 Dwelling/garage separation. Dwellings shall be separated from garages with materials on the garage side in compliance with the code in effect at the time of the initial inspection. R332.2.12 Environmental duct terminations. Dryer ducts and exhaust fans shall terminate at approved locations. R332.2.13 Handrails. Approved handrails shall be properly installed at locations in compliance with the code in effect at the time of the initial inspection. R332.2.14 Guards. Approved guards shall be properly installed at locations in compliance with the code in effect at the time of the initial inspection. R332.2.15 Cook stove. Anti-tip devices shall be installed for all cook stoves. R332.2.16 Wildfire hazard. Wildfire defensible spaces shall be maintained as required for new construction, as it relates to vegetation, not to building construction. R332.2.17 Fire pits. Exterior fire pits shall comply with Fire Department requirements. Solid fuel burning appliances are further regulated under section 5.20.110 of the Municipal Code. R332.2.18 Lighting at exterior stairs. Lighting at exterior stairs shall be properly installed in compliance with the code in effect at the time of the initial inspection. R332.2.19 Ground-Fault Circuit-Interrupter Protection. Ground-fault circuit-interrupter protection for personnel shall be provided in locations in compliance with the code in effect at the time of the initial inspection. R332.2.20 Private Septic Systems. Dwellings with private septic systems require approval from the Larimer County Health Department prior to the addition of any bedroom. R332.3 Certificate of Occupancy. After a life safety inspection has been performed and no violations of the inspection are existing, the Building Official shall issue a Certificate of Occupancy for use as a vacation home or a large vacation home. In addition to other requirements for Certificates of Occupancy in this code, Certificates of Occupancy for vacation homes and large vacation homes shall specify the number of rooms approved for sleeping purposes and the maximum approved occupant load for use as a vacation home or large vacation home. Page 152 Colorado Model Electric Ready and Solar Ready Code Published: XX, 2023 Attachment 5 Page 153 Chapter 1 Scope and Administration 101 SCOPE AND GENERAL REQUIREMENTS. 101.1 Title.This code shall be known as the Electric Ready and Solar Ready Code of [NAME OF JURISDICTION], and shall be cited as such. It is referred to herein as “this code”. 101.2 Scope.This code applies to all buildings and dwelling units, and the buildings’ sites and associated systems and equipment. 101.3 Intent.This code shall regulate the design and construction of buildings to prepare new buildings for solar photovoltaic or solar thermal, electric vehicle charging infrastructure, and electrification of building systems. This code is intended to provide flexibility and balance upfront construction costs with the future cost to retrofit buildings to accommodate these systems. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. 101.4. Applicability.Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. 101.4.1 Residential Buildings.Residential buildings must comply with the Residential Chapters of this code. 101.4.2 Commercial Buildings.Commercial buildings must comply with the Commercial Chapters of this code. 102 WAIVER AND VARIANCE. 102.1 Scope.The following waivers shall be permitted to be requested if buildings meet the following requirements. Page 154 102.1.1 Commercial Buildings Greater than 10,000 sq. ft.Commercial buildings that have a gross floor area greater than 10,000 sq. ft. shall be eligible to request a partial waiver to the requirements of this code if they meet the requirements of Section 102.2. 102.1.2 Buildings Impacted by a Natural Disaster.[NAME OF JURISDICTION] is permitted to authorize, upon appeal in specific cases, a waiver from the requirements of this code where, owing to a declared natural disaster that has destroyed buildings or resulted in other exceptional and extraordinary circumstances as determined by [NAME OF JURISDICTION], and [NAME OF JURISDICTION] determines enforcement of the provisions of this code will result in unnecessary hardship. 102.2 Substantial Cost Differential Waiver.[NAME OF JURISDICTION] shall be permitted to authorize, upon appeal, a waiver from the requirements of this code for an applicant that asserts that compliance with this code will result in a substantial cost differential. [NAME OF JURISDICTION], when authorizing such a waiver, shall be permitted to waive certain requirements of this code only until the cost differential for compliance with the remaining requirements reaches one percent or less. The burden of proof is upon the applicant to provide substantiation of a cost differential, such as quotes or other licensed design professional analyses as approved by [NAME OF JURISDICTION]. 102.2.1 Substantial Cost Differential.For the purposes of Section 102.2, “substantial cost differential” means costs incurred as a result of compliance with the requirements of this code would exceed one percent of total mechanical, electrical, and plumbing construction costs inclusive of materials and labor. 103 CONSTRUCTION DOCUMENTS. 103.1 General.Construction documents and other supporting data shall be submitted in one or more sets, or in a digital format where allowed by the code official, with each application for a permit. The construction documents shall be Page 155 prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. 103.2 Information on Construction Documents.Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems, and equipment as herein governed. Details shall include, but are not limited to, the following as applicable: 1. Location and size of the solar-ready zone. 2. Structural design loads of roof dead load and roof live load. 3. Pathways for routing of conduit from the solar-ready zone to the electrical service panel. 4. Number and location of EV capable light spaces. 5. Number and location of EV capable spaces. 6. Number and location of EV ready spaces. 7. Number and location of EVSE installed spaces. 8. Locations of conduit and termination points serving the aforementioned parking spaces. 9. Location for condensate drainage where combustion equipment for space heating and water heating is installed. 103.3 Examination of Documents.The code official shall examine or cause to be examined the accompanying documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the code. Page 156 103.3.1 Approval of Construction Documents.When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped "Reviewed for Code Compliance". Such approved construction documents shall not be changed, modified, or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. One set of "Reviewed for Code Compliance" construction documents shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work, and shall be open to inspection by the code official or a duly authorized representative. 103.3.2 Previous Approvals.This code shall not require changes in the construction documents, construction, or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. 103.3.3 Phased Approval.The code official shall have the authority to issue a permit for the construction of part of a solar-ready, EV-ready, or electric-ready installation before the construction documents for the entire system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire solar-ready, EV-ready, or electric-ready installation will be granted. l03.4 Amended Construction Documents.Changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 103.5 Retention of Construction Documents.One set of approved construction documents shall be retained by the code official for a period of not less than 180 Page 157 days from the date of completion of the permitted work, or as required by state or local laws. 103.6 Building Documentation and Closeout Submittal Requirements.The construction documents shall specify that the documents described in this section be provided to the building owner or owner's authorized agent within 90 days of the date of receipt of the certificate of occupancy. Exception:Residential buildings. 103.6.1 Record Documents.Construction documents shall be updated to convey a record of the completed work. Such updates shall include mechanical, electrical, and control drawings that indicate all changes to size, type, and location of components, equipment, and assemblies. 103.6.2 Compliance Documentation.Compliance documentation and supporting calculations shall be delivered in one document to the building owner as a part of the project record documents or manuals, or as a standalone document. This document shall include the specific energy code edition utilized for compliance determination for each system. 104 INSPECTIONS. 104.1 General.Construction or work for which a permit is required shall be subject to inspection by the code official, his or her designated agent or an approved agency, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain visible and/or able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any material, product, system or building component required to allow an inspection to validate compliance with this code. Page 158 104.2 Required Inspections.The code official, his or her designated agent or an approved agency, upon notification, shall make the inspections set forth in Sections 104.2.1 through 104.2.4. 104.2.1 Solar-Ready.Inspections shall verify all of the following as required by this code,approved plans, and specifications: 1. The location and size of the solar-ready zone or the capacity of an installed on-site renewable energy system. 2. Electrical capacity and reserved physical space for circuit breakers in the main electrical service panel that are properly labeled. 104.2.2 Electric Vehicle-Ready.Inspections shall verify all of the following as required by this code,approved plans, and specifications: 1.EV power transfer infrastructure requirements. 2. Electrical equipment associated with each parking space type, including branch circuits, conduit and/or raceway, junction boxes, receptacles, and EVSE are properly labeled and installed. 3. Electrical capacity and reserved physical space for circuit breakers in the main electrical service panel are properly labeled, if applicable. 104.2.3 Electric-Ready.Inspections shall verify all of the following as required by this code,approved plans, and specifications: 1. Branch circuits, conduit and/or raceway, wiring, junction boxes, and receptacles for future electric equipment or appliances are properly labeled and installed, as applicable. 2. Reserved physical space for future electric equipment or appliances. 3. Electrical capacity and reserved physical space for circuit breakers in the main electrical service panel are properly labeled. 104.2.4 Final Inspection.The final inspection shall include verification of the installation and proper labeling of all requirements of this code. 104.3 Reinspection.A building shall be reinspected where determined necessary by the code official. 104.4 Approved Inspection Agencies.The code official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction, provided that such agencies are approved as to qualifications and reliability relevant to the building components and systems that they are inspecting. Page 159 104.5 Inspection Requests.It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 104.6 Reinspection and Testing.Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. 105 NOTICE OF APPROVAL. 105.1 Approval.After the prescribed inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official. 105.2 Revocation.The code official is authorized to suspend or revoke, in writing, a notice of approval issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 106 VALIDITY. 106.1 General.If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code. 107 REFERENCED STANDARDS. 107.1 General.The codes and standards referenced in this code shall be listed in Section 107.2, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference. 107.2 Referenced Codes and Standards.The codes and standards referenced in this code are as follows: Page 160 1. International Building Code a. Chapter 3 b. Chapter 11 2. International Energy Conservation Code 3. International Fire Code 4. International Residential Code 5. National Electrical Code Article 625 6. UL2202 and 2594 107.2.1 Conflicts.Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 107.2.2 Provisions in Referenced Codes and Standards.Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. 107.3 Applications of References.References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of this code. 107.4 Other Laws.The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law. 108 STOP WORK ORDER. 108.1 Authority.Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 108.2 Issuance.The stop work order shall be in writing and shall be given to the owner of the property, the owner's authorized agent, or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. Page 161 108.3 Emergencies.Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 108.4 Failure to Comply.Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by [NAME OF JURISDICTION]. 109 BOARD OF APPEALS. 109.1 General.In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. 109.2 Limitations on Authority.An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have the authority to waive the requirements of this code. 109.3 Qualifications.The board of appeals shall consist of members who are qualified by experience and training and are not employees of [NAME OF JURISDICTION]. Page 162 Chapter 2 Definitions 201 GENERAL. 201.1 Scope.Unless stated otherwise, the following words and terms in this code shall have the meanings indicated in this chapter. 201.2 Interchangeability.Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural includes the singular. 201.3 Terms Defined in Other Codes.Terms that are not defined in this code but are defined in the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, or International Residential Code shall have the meanings ascribed to them in those codes. 201.4 Terms not Defined.Terms not defined by this chapter or the codes listed under 201.3 shall have ordinarily accepted meanings such as the context implies. 202 GENERAL DEFINITIONS. APPROVED.Acceptable to the code official. APPROVED AGENCY.An established and recognized agency that is regularly engaged in conducting tests or furnishing inspection services, or furnishing product certification, where such agency has been approved by the code official. CODE OFFICIAL.The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COMBUSTION EQUIPMENT.For this code, any equipment or appliance used for space-heating, service water heating, cooking, clothes drying or lighting that uses fuel gas or fuel oil. COMMERCIAL BUILDING.For this code, all commercial buildings and R-Occupancies that are covered by the International Building Code. Page 163 CORE AND SHELL.The first phase of a commercial project that has the outer building envelope constructed and may contain interior lighting and heating and has not received a permanent Certificate of Occupancy. DIRECT CURRENT FAST CHARGER (DCFC) EVSE.Equipment capable of fast charging on a 100A or higher 480VAC three-phase branch circuit. AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge the electric vehicle. ELECTRIC VEHICLE (EV).An automotive-type vehicle for on-road use, including but not limited to, passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service,EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. Off-road, self-propelled electric mobile equipment, including but not limited to, industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, and boats are not considered electric vehicles. ELECTRIC VEHICLE CAPABLE LIGHT SPACE (EV CAPABLE LIGHT SPACE).A designated vehicle parking space that has conduit and/or raceway installed to support future implementation of electric vehicle charging installation, and has sufficient physical space adjacent to the existing electrical equipment for future electric upgrades. ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE).A designated vehicle parking space that has the electric panel capacity and conduit and/or raceway installed to support future implementation of electric vehicle charging. ELECTRIC VEHICLE READY SPACE (EV READY SPACE).A designated vehicle parking space that has the electric panel capacity, raceway wiring, receptacle, and circuit overprotection devices installed to support future implementation of electrical vehicle charging. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE).An electric vehicle charging system or device that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid electric vehicle, is designed to ensure that a safe connection has been made between the electrical grid and the vehicle, and is able to communicate with the Page 164 vehicle’s control system so that electricity flows at an appropriate voltage and current level. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE INSTALLED SPACE).A vehicle parking space that is provided with a dedicated EVSE connection. FIRST TENANT FINISH.The first tenant finish(es) in a new structure or core and shell building that is credited towards meeting the requirements of this Chapter. FUEL GAS.A natural gas, manufactured gas, liquefied petroleum gas, or mixtures of these gases. FUEL OIL.Kerosene or any hydrocarbon oil having a flash point of not less than 100°F (38°C). FUTURE ELECTRIC EQUIPMENT.Equipment or appliances necessary to support future all-electric space and water heating, cooking, or clothes drying. PLUG-IN HYBRID ELECTRIC VEHICLE.An electric vehicle having a second source of motive power. RESIDENTIAL BUILDING.For this code, one- and two-family dwellings and townhouses as defined in the International Residential Code. SOLAR-READY ZONE.A section or sections of the roof or building overhang designated and reserved for future installation of a solar photovoltaic system or solar thermal system. Page 165 Chapter 3 Electric Ready PART 1 RESIDENTIAL ELECTRIC READY SECTION RE301 - SCOPE RE301.1 General.These provisions shall be applicable for all new buildings, and major renovations and additions. SECTION RE302 - ADDITIONAL ELECTRIC INFRASTRUCTURE RE302.1 Additional Electric Infrastructure.Combustion equipment in residential buildings must meet the requirements of Sections RE302.2 through RE302.6. Exceptions: 1. Interior fireplaces that do not serve as a primary source of heating. 2. Exterior fireplaces and firepits. RE302.2 Combustion Equipment.Combustion equipment shall be provided with all of the following: 1. A dedicated, appropriately phased branch circuit sized to accommodate future electric equipment or appliances to serve a comparable capacity to meet the heating load. 2. An electric receptacle or junction box that meets the requirements of Section RE302.5, and is connected to the electrical panel through the branch circuit. Each electrical receptacle or junction box shall have reasonable access to the combustion equipment or dedicated physical space for future electric equipment with no obstructions other than the current combustion equipment. 3. Where combustion equipment is used for space or water heating, dedicated physical space shall be provided for future electric equipment,including an electric resistance backup coil for ducted systems, if applicable. Page 166 Exception: Dwelling units with installed air conditioning systems are not required to provide additional dedicated physical space for an outdoor heat pump. RE302.3 Electrical Panel Space.The electrical panel shall have a reserved space for a minimum two-pole circuit breaker for each branch circuit provided for future electric equipment or appliances. RE302.4 Labeling.The junction box or receptacle and the dedicated circuit breaker space serving future electric equipment or appliances in the electrical panel shall be labeled for their intended use. RE302.5 Adjacency.The electrical receptacle or junction box must be provided within 3 feet of the combustion equipment or appliances, or within 3 feet of the dedicated physical space for future electric equipment or appliances. Exception:For combustion equipment dedicated to space or water heating, the electrical receptacle or junction box shall be located not more than 6 feet from the combustion equipment or the dedicated physical space for future electric equipment. RE302.6 Condensate Drain.Where combustion equipment for space heating and water heating is installed, a location shall be provided for condensate drainage. PART 2 COMMERCIAL ELECTRIC READY SECTION CE301 - SCOPE CE301.1 General.These provisions shall be applicable for all new buildings, additions, and first tenant finish permits. CE301.1.1 First Tenant Finishes.In the case that a first tenant finish to a commercial core and shell building or unfinished space is credited towards meeting the requirements of this Chapter, the code official shall not issue a Certificate of Occupancy to the tenant until the requirements of Section CE302 are met. Page 167 SECTION CE302 - ADDITIONAL ELECTRIC INFRASTRUCTURE CE302.1 Additional Electric Infrastructure.Combustion equipment in commercial buildings shall meet the electric infrastructure requirements of Sections CE302.2 or CE302.3. Exceptions: 1. Interior fireplaces that do not serve as a primary source of heating. 2. Exterior fireplaces and fire pits. 3. Additions to buildings that do not provide new space-heating equipment will not be required to provide additional electrical infrastructure to the existing space-heating equipment. CE302.2 Commercial Buildings Less than 10,000 sq. ft. and all R-Occupancies. Commercial buildings that have a gross floor area of less than 10,000 sq. ft., and all R-occupancies of any size, shall comply with Sections CE302.2.1 through CE302.2.5. CE302.2.1 Combustion Equipment.Combustion equipment shall be provided with all of the following: 1. A dedicated, appropriately phased branch circuit sized to accommodate future electric equipment or appliances to serve a comparable capacity to meet the heating load. 2. An electric receptacle or junction box that meets the requirements of Section CE302.2.5, and is connected to the electrical panel through the branch circuit. Each electrical receptacle or junction box shall have reasonable access to the combustion equipment or dedicated physical space for future electric equipment with no obstructions other than the current combustion equipment. 3. Where combustion equipment is used for space or water heating, dedicated space shall be provided for all future electric equipment, including an electric resistance backup coil for ducted systems if applicable. Page 168 Exception:Buildings with installed air conditioning systems are not required to provide additional dedicated physical space for an outdoor heat pump. CE302.2.2 Electrical Panel Space.The electrical panel shall have reserved physical space for a minimum two-pole or three-pole circuit breaker for each branch circuit provided for future electric equipment or appliances. The physical space in the electrical panel for each circuit breaker shall be sized with sufficient breaker capacity to meet the electrical demand of the future electric equipment or appliance that is sized to serve a comparable capacity to meet the heating load. CE302.2.3 Labeling.The junction box or receptacle and the dedicated circuit breaker space serving future electric equipment or appliances in the electrical panel shall be labeled for their intended use. CE302.2.4 Adjacency.The electrical receptacle or junction box must be provided within 3 feet of the combustion equipment or appliances or within 3 feet of the dedicated physical space for future electric equipment or appliances. Exception:For combustion equipment dedicated to space or water heating, the electrical receptacle or junction box shall be located not more than 6 feet from the combustion equipment or the dedicated physical space for future electric equipment. CE302.2.5 Condensate Drain.Where combustion equipment dedicated to space heating and water heating is installed, a location shall be provided for condensate drainage. CE302.3 Commercial Buildings 10,000 sq. ft. or Greater.All commercial buildings that have a gross floor area of 10,000 sq. ft. or greater shall comply with the following requirements. Exception: R-occupancies. CE302.3.1 Combustion Equipment or Appliances.All combustion equipment shall be provided with the following: Page 169 1. A junction box that is located in the same physical space as the combustion equipment and is reasonably accessible, and that is connected to the electrical panel by continuous conduit and/or raceways. 2. Dedicated electrical panel space for an appropriately phased branch circuit sized to accommodate future electric equipment or appliances to serve a comparable capacity to meet the heating load. 3. Where combustion equipment is used for space and water heating, dedicated physical space shall be provided for all future electric equipment. CE302.3.2 Electrical Panel Space.The electrical panel shall have reserved physical space for a minimum two-pole or three-pole circuit breaker for each branch circuit provided for future electric equipment or appliances. The physical space in the electrical panel for each circuit breaker shall be sized with sufficient breaker capacity to meet the electrical demand of the future electric equipment or appliance that is sized to serve a comparable capacity to meet the heating load. CE302.3.3 Labeling. The dedicated circuit breaker space serving future electric equipment or appliances in the electrical panel shall be labeled ”For future electric equipment”. CE302.3.4 Physical Space.Dedicated physical space shall be provided for additional electric equipment, including but not limited to transformers and cabinets, necessary for electrical service to future electric equipment or appliances. Page 170 Chapter 4 Solar Ready PART 1 RESIDENTIAL SOLAR READY. SECTION RS401 - SCOPE. RS401.1 General.These provisions shall be applicable for new buildings, and major renovations and additions. SECTION RS402 - SOLAR READY ZONE. RS402.1 General.New residential buildings with not less than 600 square feet of roof area oriented between 110 degrees and 270 degrees of true north or that is a low-sloped roof, shall comply with Sections RS402.2 through RS402.8. Exceptions: 1. New residential dwelling units with a permanently installed on-site renewable energy system that provides electricity to the dwelling unit’s electrical system. 2. A building where all areas of the roof that would otherwise meet the requirements of Section RS402 are in full or partial shade for more than 70 percent of daylight hours annually. RS402.2 Construction Document Requirements for Solar-Ready Zone. Construction documents shall indicate the solar-ready zone. RS402.3 Solar-Ready Zone Areas.The total solar-ready zone area for each dwelling unit shall be not less than 300 square feet exclusive of mandatory access or setback areas as required by the International Fire Code. The solar-ready zone shall be composed of areas not less than 5 feet in width and not less than 80 square feet exclusive of access or setback areas as required by the International Fire Code. Exception: New townhouses three stories or less in height above grade plane and with a total floor area less than or equal to 2,000 square feet of conditioned space per townhouse unit shall have a solar-ready zone area of not less than 150 square feet. Page 171 RS402.4 Obstructions.Solar-ready zones shall be free from obstructions, including but not limited to, vents, chimneys, and roof-mounted equipment. RS402.5 Shading.The solar-ready zone shall be set back from any existing or new permanently affixed object on the building or site that is located south, east, or west of the solar-ready zone a distance not less than two times the object’s height above the nearest point on the roof surface. Such objects include, but are not limited to, taller portions of the building itself, parapets, chimneys, antennas, signage, rooftop equipment, trees, and roof plantings either existing at the time of permit application or planned for on the construction documents. RS402.6 Roof Load Documentation.The structural design loads of roof dead load and roof live load shall be clearly indicated on the construction documents. RS402.7 Interconnection Pathway.Construction documents shall indicate at least one potential pathway for routing of conduit and/or raceway from the solar-ready zone to the electrical service panel and shall be labeled as “Potential Pathway” on the construction documents. RS402.8 Electrical Service Reserved Space.The main electrical service panel shall have sufficient reserved space to allow the installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. RS402.9 Construction Documentation Certificate.A permanent certificate, indicating the solar-ready zone and other requirements of this Part, shall be posted near the electrical distribution panel, water heater, or other conspicuous location. PART 2 COMMERCIAL SOLAR READY SECTION CS401 - SCOPE CS401.1 General.These provisions shall be applicable for new buildings, and major renovations and additions. Page 172 SECTION CS402 - SOLAR-READY ZONE CS402.1 General.A solar-ready zone shall be located on the roof of all new commercial buildings that are oriented between 110 and 270 degrees of true north or have low-sloped roofs.Solar-ready zones shall comply with Sections CS402.2 through CS402.7. Exceptions: 1. A building with a permanently-installed, on-site renewable energy system that meets the following criteria. 1. The system produces the energy output equivalent to covering 40 percent of the net roof area with solar photovoltaic calculated as the horizontally projected gross roof area less the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or set back areas as required by the International Fire Code. 2. The system is located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building, on the building premises, on covered parking, or another approved location installed with the building project and under the same property ownership. 2. A building with a solar-ready zone that is shaded for more than 70 percent of daylight hours annually. 3. A building where a licensed design professional certifies that the incident solar radiation available to the building is not suitable for a solar-ready zone. 4. A building where a licensed design professional certifies that the solar-ready zone area required by Section CS402.3 cannot be met because of extensive rooftop equipment, skylights, vegetative roof areas, or other obstructions. Page 173 CS402.2 Construction Document Requirements for a Solar-Ready Zone. Construction documents shall indicate the solar-ready zone. CS402.3 Solar-Ready Zone Area.The total solar-ready zone area shall not be less than 40 percent of the roof area calculated as the horizontally projected gross roof area less the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or set back areas as required by the International Fire Code. The solar-ready zone shall be a single area or smaller, separated sub-zone areas. Each sub-zone area shall be not less than 5 feet in width in the narrowest dimension. The solar-ready zone shall be located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building, on the building premises, on covered parking, or another approved location installed with the building project and under the same property ownership . CS402.4 Obstructions.Solar-ready zones shall be free from obstructions, including pipes, vents, ducts, HVAC equipment, skylights, and roof-mounted equipment. CS402.5 Roof Loads and Documentation.The structural design loads for roof dead load and roof live load shall be indicated on the construction documents. CS402.6 Interconnection Pathway.Construction documents shall indicate at least one potential pathway for routing of conduit and/or raceway from the solar-ready zone to an electrical service panel and shall be labeled as “Potential Pathway” on the construction documents. CS402.7 Electrical Service Reserved Space.The main electrical service panel shall have a minimum bus bar rating of not less than 200 amps. The main electrical service panel shall have a reserved space to allow installation of a dual-pole circuit breaker for future solar electric. This space shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the end of the panel that is opposite from the panel supply conductor connection. PART 3 RESIDENTIAL SOLAR PANEL CAPACITY Page 174 SECTION RS410 - SCOPE RS410.1 General.These provisions shall be applicable for all new buildings, and major renovations and additions. RS410.2 Electric Service Reserved Space.The main electrical service panel shall have sufficient reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. Exception: A dwelling unit that already must comply with the solar-ready provisions in Chapter 4 or that has a permanently installed on-site renewable energy system that provides electricity to the dwelling unit’s electrical system. PART 4 COMMERCIAL SOLAR PANEL CAPACITY SECTION CS410 - SCOPE CS410.1 General.These provisions shall be applicable for new buildings, and major renovations and additions. CS410.2 Electric Service Reserved Space.The main electrical service panel shall have a minimum bus bar rating of not less than 200 amps. The main electrical service panel shall have sufficient reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric.” The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. Exception:A building that already must comply with the solar-ready provisions in Chapter 4 or that has a permanently installed on-site renewable energy system that provides electricity to the building’s electrical system. Page 175 Chapter 5 Electric Vehicle Ready PART 1 RESIDENTIAL ELECTRIC VEHICLE READY SECTION RV501 - SCOPE RV501.1 General.These provisions shall be applicable for all new buildings, and major renovations and additions. SECTION RV502 - ELECTRIC VEHICLE POWER TRANSFER INFRASTRUCTURE RV502 Electric Vehicle Power Transfer Infrastructure.New vehicle parking spaces for residential buildings shall be provided in accordance with Sections RV502.1 and RV502.3. RV502.1 One- and Two-family Dwellings and Townhouses.Each dwelling unit with a dedicated attached or detached garage or other onsite designated parking provided for the dwelling unit shall be provided with one EV ready space per dwelling unit. RV502.2 EV Ready Spaces.Each EV ready space shall have a branch circuit that complies with all of the following: 1. Terminates at a receptacle, located within 3 feet of each EV ready space it serves.EV ready includes two adjacent parking spaces if the receptacle for the electrical facilities of this section is installed adjacent to and between both parking spaces. 2. Has a minimum circuit capacity of 8.3 kVA (40A 208/240V). 3. The electrical panel, electrical distribution equipment directory, and all outlets or enclosures shall be marked “For future electric vehicle supply equipment”. Exception:A receptacle need not be provided if a hard-wired EVSE is installed. RV502.3 Identification.Construction documents shall designate the EV ready space and indicate the locations of raceway and/or conduit and the termination points Page 176 serving them. The circuits or spaces reserved in the electrical panel for EV ready spaces shall be clearly identified in the panel or subpanel directory. PART 2 COMMERCIAL ELECTRIC VEHICLE READY SECTION CV501 - SCOPE CV501.1 General.These provisions shall be applicable for all new buildings, and major renovations and additions. SECTION CV502 - ELECTRIC VEHICLE POWER TRANSFER INFRASTRUCTURE CV502 Electric Vehicle Power Transfer Infrastructure.Where new parking is provided for commercial buildings,it shall be provided with electric vehicle power transfer infrastructure in compliance with Sections CV502.1 through CV502.9. CV502.1 Quantity.The number of required EVSE installed spaces, EV ready spaces, EV capable spaces,and EV capable light spaces shall be determined in accordance with this Section and Table CV502.1 based on the total number of provided vehicle parking spaces and shall be rounded up to the nearest whole number. This includes all covered parking under carports or detached garages. CV502.1.1 Where more than one parking lot is provided on a building site, the number of provided vehicle parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking lot. CV502.1.1.1 R-2 Occupancies, as defined in Chapter 3 of the International Building Code, shall use the total parking requirement for the entire development to determine the EV power transfer infrastructure requirements using Table CV502.1. CV502.1.2 For commercial buildings that install a DCFC EVSE,each DCFC EVSE installed shall be permitted to be substituted for other space types as follows: 1.Commercial buildings other than R-2 Occupancies shall be permitted to substitute up to 10 spaces when the building provides a minimum of 20 percent of parking spaces as a combination of EV Capable,EV ready, or EVSE installed spaces. Page 177 2. R-2 Occupancies shall be permitted to substitute up to 5 spaces when the building provides a minimum of 60 percent of parking spaces as a combination of EV Capable light, EV Capable, EV ready, or EVSE installed spaces. CV502.1.3 EVSE installed spaces that exceed the minimum requirements of this section are permitted to be used to meet minimum requirements for EV ready spaces,EV capable spaces, and EV capable light spaces. CV502.1.4 EV ready spaces that exceed the minimum requirements of this section are permitted to be used to meet minimum requirements for EV capable spaces and EV capable light spaces. CV502.1.5 EV capable spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements for EV capable light spaces. CV502.1.6 All attached garages with direct connection to a dwelling unit will be required to have one EV ready space. Table CV502.1: EV Power Transfer Infrastructure Requirements Building Type / Space Type EVSE Installed Space EV Ready Space EV Capable Space EV Capable Light Space All commercial buildings, except for R-2 occupancies, with 10 or less parking spaces. 0 2 spaces 0 0 Commercial buildings, except for R-2 occupancies, with greater than 10 parking spaces. 2% of spaces 8% of spaces 10% of spaces 10% of spaces Page 178 R-2 occupancies with 10 or less parking spaces 0 15% of spaces 10% of spaces 10% of spaces R-2 occupancies with greater than 10 parking spaces. 5% of spaces 15% of spaces 10% of spaces 30% of spaces CV502.2 EV Capable Light Spaces.Each EV capable light space shall comply with all of the following: 1. A continuous raceway and/or conduit shall be installed between a suitable electrical panel or other electrical distribution equipment and terminate within 3 feet of the EV capable light space and shall be capped.EV capable light includes two adjacent parking spaces if the raceway and/or conduit terminates adjacent to and between both parking spaces. 2. Installed raceway and/or conduit shall be sized and rated to supply a minimum of 208 volts and a minimum of 40-ampere rated circuits. 3. Dedicated physical space to accommodate all equipment necessary for electrical service to future EVSE. 4. The routing of the raceway and/or conduit must be noted on the construction documents and the raceway shall be permanently and visibly marked “EV CAPABLE” at the load center and termination point locations. CV502.3 EV Capable Spaces.Each EV capable space shall comply with all of the following: 1. A continuous raceway and/or conduit shall be installed between a suitable electrical panel or other electrical distribution equipment and terminate within 3 feet of the EV capable space and shall be capped.EV capable includes two adjacent parking spaces if the raceway and/or conduit terminates adjacent to and between both parking spaces. Page 179 2. The installed raceway and/or conduit shall be sized and rated to supply a minimum of 208 volts and a minimum of 40-ampere rated circuits. 3. The electrical panel or other electrical distribution equipment to which the raceway and/or conduit connects shall have sufficient dedicated space and spare electrical capacity to supply a minimum of 208 volts and a minimum of 40-ampere rated circuits. 4. The termination point of the conduit and/or raceway and the electrical distribution equipment directory shall be marked: “For future electric vehicle supply equipment (EVSE).” 5. Reserved capacity shall be no less than 8.3 kVA (40A 208/240V) for each EV capable space. CV502.4 EV Ready Spaces.Each EV ready space shall have a branch circuit that complies with all of the following: 1. Terminates at a receptacle or junction box located within 3 feet of each EV ready space it serves.EV ready includes two adjacent parking spaces if the receptacle is installed adjacent to and between both parking spaces. 2. Has a minimum circuit capacity of 8.3 kVA (40A 208/240V). 3. The electrical panel, electrical distribution equipment directory, and all outlets or enclosures shall be marked “For future electric vehicle supply equipment (EVSE).” CV502.5 Electric Vehicle Supply Equipment (EVSE).All EVSE shall meet all of the following requirements: 1. The installed EVSE shall meet one of the following requirements: A. A power capacity of at least 6.2 kVa (or 30A at 208/240V) and has the ability to connect to the internet. B. An inductive charging system for battery-powered electric vehicles that: Page 180 B.1. Is ENERGY STAR certified; and B.2. Has the ability to connect to the internet. 2. An electric vehicle charging system shall be wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. 3. An electric vehicle charging system shall be listed and labeled for EV charging and must comply with the current version of Article 625 of the National Electrical Code. CV502.6 EVSE Installed Spaces.An installed EVSE with multiple output connections shall be permitted to serve multiple EVSE installed spaces. Each EVSE installed serving either a single EVSE installed space or multiple EVSE installed spaces, shall comply with all of the following: 1. Have a minimum charging rate in accordance with Section CV502.7. 2. Be located within 3 feet of each EVSE installed space it serves. 3. Be installed in accordance with Section CV502.8. 4. Have a minimum circuit capacity of 8.3 kVA (40A 208/240V). 5. Must meet the requirements of Section CV502.5. CV502.7 EVSE Minimum Charging Rate.Each installed EVSE shall comply with one of the following: 1. Be capable of charging at a minimum rate of 6.2 kVA (or 30A at 208/240V). 2. When serving multiple EVSE installed spaces and controlled by an energy management system providing load management, be capable of simultaneously sharing each EVSE installed space at a minimum charging rate of no less than 3.3 kVA. CV502.8 EVSE Installation.EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. When serving an Page 181 accessible parking space,EVSE shall be accessible in accordance with the International Building Code Chapter 11. CV502.9 Identification.Construction documents shall designate all EVSE installed spaces, EV ready spaces, EV capable spaces,and EV capable light spaces,and indicate the locations of raceway and/or conduit and termination points serving them. The circuits or spaces reserved for EVSE installed spaces, EV ready spaces,and EV capable spaces shall be clearly identified in the panel or subpanel directory. The raceway and/or conduit for EV ready spaces, EV capable spaces and EV capable light spaces shall be clearly identified at both the panel or subpanel and the termination point at the parking space. Page 182 Attachment 6 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Attachment 7 Page 212 5/24/2023 Community Development 2021 International Building Code Action Item Gary Rusu, Building Official & Jessica Garner, AICP, Community Development Director May 23, 2023 Process: Tonight’s meeting is to review and adopt Ordinance 04-23 for the International Building Codes with local amendments: •International Existing Building Code •International Fuel Gas Code •International Mechanical Code •International Plumbing Code •International Property Maintenance Code •International Energy Conservation Code •*International Pool and Spa Code adopted separately from the IBC •* International Residential Code adopted separately from the IBC 1 2 Page 213 5/24/2023 2021 IECC Staff Recommendation: Approve adoption of the 2021 IBC and related codes with amendments, including the Colorado Model Electric Ready and Solar Ready Code, and schedule a study session to discuss the possibility of adding Appendices RC and CC, as well as electric-preferred provisions presented by SWEEP at a later date. Misc. Information •Sprinkler Costs: from two separate contractors, the prices ranged between $4-$7 per square foot •Cost to install “dryer-size” outlet in new construction: approximately $250-300 3 4 Page 214 5/24/2023 2021 IRC: Sprinklers The draft IRC would require all new single-family homes, two-family homes, duplexes, and townhomes to have sprinklers installed throughout the residence. •Should the Board decide to revise this requirement to exempt single-family homes, the Board can accomplish this through a simple strikethrough of the code: “An automatic fire sprinkler system shall be installed in all one- and two-family dwellings.” •Here is a motion the Board may consider: •I move to amend Exhibit B of the ordinance, page 11, section 313.2, first sentence, striking the words “one- and,” so as to remove one-family dwellings from the requirement for automatic sprinkler systems. 5 Page 215 Fwd: US Fire Administration position statements Tue, May 23, 2023 at 12:06 PM They only have three. 1.Support for smoke detectors (they save lives) 2.Support for residential sprinklers (they save lines) 3.Fire Service ethics https://www.usfa.fema.gov/about/position-statements/ In all things fire service related, this is it. Feel free to share with the board. David E. Wolf, Fire Chief Public Comment received 05-23-2023 Page 216 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 3. Ordinance 06-23 Temporary 6-Month Moratorium for Bed and Breakfast Licenses.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. Page 217 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 218 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 23, 2023 RE: Ordinance 06-23 Temporary 6-Month Moratorium on New Bed and Breakfast Inn Business Licenses (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To consider a temporary 6-month moratorium for bed & breakfast licenses to allow adequate time to bring forward proposed code amendments to clearly define the use and ensure the code matches the Town’s intent. Present Situation: Since the end of 2022, both the Town Clerk’s office and Community Development have received a number of inquiries regarding the licensing of residentially zoned properties as a bed & breakfast in lieu of a vacation home. This appears to be a strategy to circumvent the vacation home license cap for residentially zoned properties. Questions from property owners revolve around ways in which their property can be improved to rent out the entire home yet have a separate area for the owner to reside such as adding breezeways to connect buildings, owner occupying an accessory dwelling unit, building owner suites separated from the main house by a garage, etc. Staff presented this concern to the Town Board during the April 11, 2023 study session. The Board requested staff bring forward amended bed & breakfast regulations to a future study session. However, at this time staff is concerned a number of these may come forward for the summer season before staff can adequately research the issue. This may further exacerbate the issue of residential homes being converted to pseudo vacation homes through the licensing of properties as bed & breakfasts. Proposal: The attached ordinance would establish a 6-month temporary moratorium on the issuance of bed & breakfast licenses. The moratorium will allow staff time to research and prepare revisions to the current language in an effort to align the code with the Town’s intended operation of bed & breakfasts by a property owner or manager rather than as a Page 219 vacation home. Items to be researched include the definition, requirements such as breakfast service, property owner/managers primary residence, etc. The current intended use of a residentially zoned bed & breakfast is to ensure the business is not designed or operated in a manner that is out of character with residential uses of a dwelling unit by one household. Proposed revisions would address this issue and others. Advantages: • The moratorium provides time to adequately research the topic while not extending the use under the current code regulations. Disadvantages: • Current and future applications for bed & breakfasts would not be able to be processed or issued for the next 6 months. Action Recommended: To approve Ordinance 06-23 to establish the moratorium. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the Ordinance 06-23 Attachments: 1. Ordinance 06-23 Page 220 ORDINANCE NO. 06-23 AN ORDINANCE FOR A SIX-MONTH MORATORIUM ON NEW BED AND BREAKFAST INN BUSINESS LICENSES WHEREAS, bed and breakfast inns are a distinct category of business license under the Estes Park Municipal Code, similar to a vacation home but requiring an on-site manager to reside on the premises; and WHEREAS, the Town has extensive regulations for vacation homes and less extensive regulations for bed and breakfast inns; and WHEREAS, the Town is concerned that property owners will begin imminently to attempt to use bed and breakfast inn business licenses for businesses that more closely resemble vacation homes, in order to avoid vacation home regulations; and WHEREAS, the Town therefore faces an urgent need to update its bed and breakfast inn business license regulations to ensure they are applied in a way that matches the Town’s intent for the category; and WHEREAS, the Town desires to enact a temporary moratorium, effective May 23, 2023, to give it the opportunity to update its bed and breakfast inn regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Effective beginning May 23, 2023, and continuing until November 23, 2023 or until earlier terminated by the Board of Trustees, the Town shall neither accept nor process applications for new bed and breakfast inn business licenses as described in chapter 5.20 of the Municipal Code, nor issue new such licenses. Any required renewals of existing licenses may occur as provided in the Code. The purpose of this moratorium is to allow the Town time to develop new regulations for bed and breakfast inns. Any application for a bed and breakfast inn business license pending as of May 23, 2023 or at any time during this moratorium carries with it no right to approval under preexisting regulations. If ordinances change while such an application is pending, the application would be evaluated under the terms of the new ordinances. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2023. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 Page 221 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2023 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2023, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 222 5/24/2023 Temporary Moratorium New Bed & Breakfast Inn Business Licenses Town Board of Trustees May 23, 2023 Bed & Breakfast Licenses Increased interest in Bed & Breakfast licenses A result of the residential cap & waitlist moratorium How property improvements can maximize renting options: Owner suites Owner occupied ADUs Breezeways to connect buildings A need to clarify the difference between Bed & Breakfasts and Vacation Homes for both owner and staff More direction on owner residency Commercial Property Tax Rates State requirements C.R.S. 39-1-102 Lodging accommodations for a fee Minimum 1 meal provided per day* Maximum 13 sleeping rooms Has an Innkeeper on/near property** Mixed-use property classification Based on square footage of rental area Must meet the State requirements *Not currently addressed in Town regulations ** Town regulations are more restrictive 1 2 Page 223 5/24/2023 Issues: - No true onsite management interacting with guests - No meals provided - Linkage fee does not apply - Fire pits and other solid fuel devices allowed with onsite management - Confusion with neighbors - Vacation Home vs Bed & Breakfast Temporary Moratorium Provide adequate time to research the issue: Definition Requirements such as owner occupied – primary residence Breakfast service Development & Municipal Code consistency – Ensure Town’s intent is met Align the Town’s bed and breakfast definition with the State definition for consistency. If so, require additional application requirements such as a drawing Address issue before it becomes an unintended consequence Eliminating grandfathering concerns 3 4 Page 224 5/24/2023 Board Discussion/Direction & Questions Bed & Breakfast Licenses 0 5 10 15 20 0 5 10 15 20 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Vacation Homes – 2012-2022 Total Registered Town Limits Residential Commercial CommercialResidentialTotal Registered Town Limits Year 0002012 0112013 2242014 1342015 1452016 1672017 0442018 017172019 015152020 014142021 015152022 5 6 Page 225       Page 226 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 23, 2023 RE: Town Board Policy 101 – Board Assignments (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Policy QUASI-JUDICIAL YES NO Objective: To select a Mayor Pro Tem and update appointments to boards, committees, commissions and liaison positions as outlined in the policy. Present Situation: Following the passing of Mayor Pro Tem Webermeier, and the appointment and swearing-in of Frank Lancaster as Trustee through the April 2024 election, it is necessary to review Policy 101 to fill vacancies on boards, committees, commissions and liaison positions, as well as appoint a Mayor Pro Tem. Proposal: To revise Policy 101 with the following proposed appointments and corrections: • Select a Mayor Pro Tem • Appoint a member to the Board to the Audit Committee • Appoint a member to the Local Marketing District • Update Western Heritage Inc. to the Rooftop Rodeo Committee • Remove sunsetted Boards and Commissions • Add the Larimer County Regional Opioid Abatement Council • Update staff liaisons Advantages: • To fill open appointments and update other changes to boards, committees and commissions which have occurred since the 2022 Municipal Election. Disadvantages: • Board, Committees and Commissions would continue to operate with vacancies. Page 227 • The Town Board would operate without a Mayor Pro Tem until the next available Town Board meeting. Action Recommended: Approve the revisions to Policy 101 and appoint a Mayor Pro Tem. Finance/Resource Impact: None. Level of Public Interest Low Sample Motion: Two separate votes will be held as follows: 1. I move to appoint ___________ as Mayor Pro Tem. 2. I move to the approve/deny Policy 101 as revised. Attachments: 1. Policy 101 Division of Responsibilities - Redlined Page 228 Division of Responsibilities 04/26/202205/23/2023 Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 1 of 4 Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: 04/26/202205/23/2023 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 1.Purpose: The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2.Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a)Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3.Assignment To Committees of The Board of Trustees (committees comprised solely of members of the Board of Trustees) a)Assignments to Audit Committee: At the first regular meeting following the certification of the results of each biennial election, 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) b)Assignment to 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. (Estes Park Municipal Code 2.08.020) 4.Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) 5.Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has Attachment 1 Page 229 Division of Responsibilities 04/26/202205/23/2023 Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 2 of 4 been approved by the Board of Trustees (Policy 1.7.) 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. 6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board”. 7. Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8. Liaison Assignments - 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. 9. Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment shall be approved by the Town Board, with preference for the Utilities Director per PRPA Resolution 07-19. Page 230 Division of Responsibilities 04/26/202205/23/2023 Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 3 of 4 Board Assignments Mayor Pro-Tem - __ Trustee Webermeier_____________ Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Park Planning Commission Trustee MacAlpine Jessica Garner Advisory/ Decision Making Estes Park Board of Adjustment Trustee MacAlpine Jessica Garner Decision Making Western Heritage IncRooftop Rodeo Committee Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Inc. n/a Derek Fortini Outside Police Auxiliary Trustee Younglund Wes KufeldDavid Hayes Working Group Parks Advisory Board Trustee Younglund Brian Berg Advisory Transportation Advisory Board Trustee Martchink Greg Muhonen Advisory Estes Valley Restorative Justice Trustee Hazelton Denise Lord Working Group Estes Park Board of Appeals Trustee Hazelton Jessica Garner Advisory/ Decision Making Sister Cities Trustee MacAlpine n/a Working Group Family Advisory Board Trustee Younglund Jason Damweber Advisory Comprehensive Plan Advisory Committee Trustee MacAlpine Jessica Garner Advisory Page 231 Division of Responsibilities 04/26/202205/23/2023 Revisions: 15 Town of Estes Park, Town Board Governance Policies Page 4 of 4 Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Koenig Mayor Pro Tem Webermeier Trustee Hazelton Travis Machalek Advisory Colorado Association of Ski Towns (CAST) Voting Designee – Trustee Cenac Alt Designee TA Machalek n/a Outside Platte River Power Authority Board of Directors Mayor Koenig Reuben Bergsten Outside Estes Park Economic Development Corporation Board of Directors Trustee Hazelton & TA Machalek n/a Outside Larimer County Regional Opioid Abatement Council Trustee Younglund expires 02/14/2025 Outside Larimer County Solid Waste Policy Council Mayor Koenig expires 11/30/20242 n/a Outside Local Marketing District (Visit Estes Park) Trustee Webermeier Alt Designee Trustee Cenac n/a Outside Regional Transportation Infrastructure Funding Task Force Trustee Martchink n/a Outside Larimer County Behavioral Health Policy Council Mayor Koenig n/a Outside ___________________________________ Wendy Koenig, Mayor _____________ Date Page 232 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: May 23, 2023 RE: 2024 Provisional Strategic Plan (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Strategic Plan QUASI-JUDICIAL YES NO Objective: Town Board adoption of the 2024 Provisional Strategic Plan. Present Situation: The Town Board adopts an annual Strategic Plan to guide staff in the development of both the proposed budget as well as each department’s work plan for the coming year. The additional step of adopting a “Provisional Strategic Plan” is new this year and is intended to achieve two primary aims: 1) Provide departments with a formally-adopted document that they will use to inform and guide development of the Town Administrator’s Proposed Budget; and 2) Better track and report on changes to the Strategic Plan that come from the budgeting process. Proposal: The proposed 2024 Provisional Strategic Plan is the result of two Town Board Strategic Planning Study Sessions on March 8th and April 5th. Changes to this Plan necessitated by the budget process will be highlighted when staff returns with a final 2024 Strategic Plan, to be adopted concurrently with the 2024 Budget. This will ensure that no un- funded objectives are included in the final adopted Strategic Plan and will help members of the public identify what has changed between initial strategic discussions and the final budget. Edits in red reflect areas where the Board requested staff draft language for a goal/objective or where clarifying edits were necessary. Page 233 Advantages: • Allows greater insight/transparency into how Strategic Plan items are impacted by the Town’s budget discussions and decisions. • Provides clear direction to the Town Administrator and departments for the preparation of the 2024 budget. Disadvantages: • This creates another step in the Town’s strategic planning process that requires additional Board and staff time to complete. Staff believes that the benefits of this additional step outweigh the small costs in time. Action Recommended: Staff recommends approval of the 2024 Provisional Strategic Plan. Finance/Resource Impact: No direct financial impact, though Strategic Plan items typically do require financial resources. Level of Public Interest Medium Sample Motion: I move for the approval/denial of the 2024 Provisional Strategic Plan as adopted. Attachments: 1. 2024 Provisional Strategic Plan Page 234 PROVISIONAL KEY OUTCOME AREA STRATEGIC POLICY STATEMENTS GOALS (MULTI-YEAR)OBJECTIVES (ONE-YEAR) 1. We value broad collaboration in providing exceptional guest services. 2.A. Develop events that attract guests to Town in the winter and shoulder seasons as well as mid-week events. 2.A.1 - Produce a new event in January of 2024 (First People's Festival). 2.B. Continue to develop and attract diverse events and audiences.4.1 - Implement a new user-friendly and robust ticketing system for events. 2. We provide high-quality events that attract guests to the Town. 3.A. Work with public- and private-sector entities to encourage additional town destination opportunities for guests, particularly in case visitation limits in the National Park or elsewhere remain a factor. 4.A.1 - Design a new user friendly Events Department website using a different website platform. 4.A. Continue to monitor and adjust marketing focus to events that are branded to and successful in Estes Park. 4.A.2 - Develop and implement a more robust social media program. 3. We strive to balance the impacts of visitation with the needs and quality of life of our residents and our key outcome areas. 5.A. Implement the 2019 Stanley Park Complex Master Plan projects at the Events Complex. 4.A.3 - The Visitor Center will implement a plan to cross promote Town signature events. 5.B. Maintain a high level of arena footing for horse shows and rodeos at the Events Complex. 5.A.1 - Continue to work with the Fine Arts Guild to evaluate the feasibility of a performing arts center in Stanley Park. 4. We make data-driven decisions in serving our guests and residents using up-to-date and relevant data.6.A. Implement the Visitor Services Strategic Plan. 6.B.1 - Enhance the visitor experience in the Visitor Center through Estes Park imagery and artifacts. 6.B. Visitor Services will work with Visit Estes Park on developing and implementing ways to help educate and entertain guests at the Visitor Center. 5. We value a well-maintained Stanley Park Complex. 6.C. Continue to implement a Guest Services (Service Elevated) annual training for volunteers in the Visitor Center. 6. We contribute to an exceptional guest experience through a high-quality Visitor Services Division. For the purposes of Strategic Policy Statements, "We" refers to the Town organization, led by the Town Board of Trustees. Town of Estes Park 2024 Strategic Plan Vision: The Town of Estes Park will be an ever more vibrant and welcoming mountain community. Mission: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our residents, guests, and employees, while being good stewards of public resources and our natural setting. THERE IS NO RANK-ORDERING OR PRIORITIZATION IN THIS PLAN. ALL NUMERICAL DESIGNATIONS ARE FOR REFERENCE PURPOSES ONLY. Exceptional Guest Services - We are a preferred Colorado mountain destination providing an exceptional guest experience. Attachment 1 Page 235 7. We work to address the complications created by increased visitation with regard to our ability to ensure an exceptional guest experience. 1. We maintain a well-trained and educated Town Staff.1.A. Implement Human Resources Strategic Plan. 1.A.1 - Implement supervisor training for all Town employees with direct reports. 2.A. Complete a review of the Town employee benefit package to ensure the Town remains competitive and aligned with other municipalities. 1.A.2 - Complete 2024 Organizational Culture Survey and develop an action plan based on the findings. 2. We attract and retain high-quality staff by being an employer of choice, including offering highly competitive benefits and wages. 3.A. Ensure adequate grant writing capacity as the current grant resources shift in time allocation. 1.A.3 - Refresh the Human Resources Strategic Plan and share next steps with the Town Board. 4.A. Explore options to improve the Town's ability to ensure diverse membership representation on Boards and Commissions. 2.A.1 - Complete a benchmark study of employee benefit packages. 3. We match service levels with the resources available to deliver them. 5.A. Conduct a community survey biennially in odd years to measure our performance and community preferences. 7.A.1 - Create a public-facing dashboard to share performance measurement data. 5.B. Evaluate inclusivity of Town community engagement processes. 4. We strive to ensure that the membership of our Boards and Commissions reflects the diversity of the community. 7.A. Implement a Town performance management system including appropriate measures. 7.B. Develop an organizational culture that encourages continuous process improvement. 5. We strive to gain meaningful input and participation from all community members. 7.C. Digitize Town records within Laserfiche. 9.A. Minimize risk of becoming a victim of cybersecurity threats. 6. We prioritize and support a culture of customer service throughout the organization. 10.A. We will continually evaluate the functionality of our website to ensure it serves the needs of our customers. 7. We support a culture of continuous improvement in our internal processes and service delivery. 8. We operate with transparency, maintaining open communication with all community members and proactively making Town information available to the public. 9. We monitor for, and protect against, cybersecurity threats. Governmental Services and Internal Support - We provide high-quality support for all municipal services. Page 236 10. We maintain a robust, transparent, and user-friendly public- facing website. 1. We ensure water service reliability and redundancy. 1.A. By 2026, increase raw water supply security and redundancy by obtaining new raw water from the Big Thompson River.1.A.1 - Complete a draft Big-Thompson raw water supply line route analysis. 1.B. By 2026, improve water accountability by decreasing overall treated water demand (per capita) through loss reduction. 1.B.1 - Establish a baseline water loss record using our new Water Audits and Loss Control Program. 2. We ensure high quality, reliable, and sustainable electric distribution service. 1.C. Develop a plan to replace one (1) mile of pipe per year (federal financing will influence the 5-year outlook on how we replace one mile of pipe per year). 1.C.1 - Submit funding application(s) for the federal Infrastructure Investment and Jobs Act program and determine if in-house labor will be an eligible expense. 3.A. Increase/enhance renewable energy sources and storage in concert with PRPA's transition plan and advocate for achieving the 2030 noncarbon energy goal on schedule. 3.A.1 - Explore joint funding options for storage and intermittent renewables with PRPA. 3. We encourage and support renewable energy sources and storage. 3.B. Establish planning and policy guidance to direct Town investment in zero emission fleet vehicles, equipment, and infrastructure.3.B.1 - Complete a Zero-Emission Fleet Transition Plan. 4.A. Evaluate the service condition, safety, functionality, accessibility and land use restrictions of our 32 public buildings using a data-driven approach and document the outcomes in our LUCITY asset management system. 4.D.1 - Hire consultants to assist in land acquisition and design to relocate the Police Department out of Town Hall. 4. We ensure that our facilities are well-maintained and meet the needs of Town Departments and the community. 4.B. Upgrade the quality, function and safety of the Town's public restrooms. 5.A.1 - Pursue grant funding for private and/or public flood mitigation and stormwater projects. 4.C. Pursue energy conservation projects that improve the efficiency of our buildings. 5.A.2 - Complete at least one stormwater CIP project from the list included in the Stormwater Drainage System Maintenance Policy. 5. We are proactive in our approach to mitigating flood risks including pursuing the implementation of the Stormwater Master Plan. 4.D. Establish a timeline and funding strategy to implement the Facilities Master Plan recommendations. 6.A.1 - Conduct a feasibility study and take-rate report on a Trailblazer Broadband program to help provide access at a reduced or free rate to economically challenged families within the Trailblazer service area. 4.E. Work with the Fire District to investigate and evaluate strategies to use Town-owned buildings and Town projects to demonstrate wildfire mitigation techniques for facilities. 6. We ensure access to high-speed, high-quality, reliable Trailblazer Broadband service. 5.A. Upgrade and maintain our stormwater collection system to reduce the risk of flooding and damage to public and private property. 5.B. Pursue flood mitigation initiatives to reduce flood risk and increase public safety. Infrastructure - We have reliable, efficient, and up-to-date infrastructure serving our community and customers. Page 237 7. We partner with the three other owner communities to advance Platte River Power Authority towards our goal of a 100% noncarbon energy mix by 2030. 5.C. Implement a Stormwater Utility for the Estes Valley that funds the administration, operation, maintenance, and capital expansion of stormwater infrastructure over a 30 year or greater time period. 5.D. Explore the Community Rating System (CRS) program as a way to minimize flood insurance costs to the community. 6.A. We will complete construction of a broadband over fiber optic cable network for customers in the electric service area by 2024. 7.A. Participate in PRPA's carbon-to-renewable transition plan as an owner community. 1. We support a wide range of housing opportunities with a particular focus on workforce and attainable housing. 1.A. Plan for and utilize 6E funds to achieve Workforce and Attainable Housing goals in partnership with the Estes Park Housing Authority. 5.A.1 - Establish a timeline and funding strategy for a Parks and Open Space Master Plan. 1.B. Incentivize development, conversion, and/or preservation of workforce and attainable housing, including downtown. 6.A.1 - Continue rewriting the Estes Park Development Code. (Multi-Year Objective) 2. We support the needs of our senior community. 2.A. Evaluate the needs of the senior community in Estes Park. 7.1 - Establish a timeline and funding strategy to implement the recommendations identified in the ADA Transition Plan. 3.A. Investigate the possibility of establishing one or more pocket parks in residential areas. 3. We support a family-friendly community and strive to be a family-friendly employer. 4.A. Plan for and utilize 6E funds to address childcare issues consistent with the Childcare Needs Assessment and Strategic Plan. 5.A. Develop a master plan for Town Parks and Open Space, in cooperation with the Recreation District and Estes Valley Land Trust. Include a chapter on water- conscious landscaping. 4. We support a wide range of child care opportunities with a particular focus on infants and toddlers. 5.B. Overhaul outdated and aging landscaping in Children's Park, Riverwalk, and Wiest Park by 2026. 6.A. Complete a full rewrite of the Estes Park Development Code to align with the new Comprehensive Plan. 5. We expand and improve the durability, functionality, and efficiency of open space and public park infrastructure. 6.B. Collaborate with community stakeholders to update our adopted transportation, drainage, and parking design standards and construction policies in the Development Code by 2025. 6. We have an up-to-date Comprehensive Plan and Development Code that reflect the will of the community. 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. Page 238 7. We are committed to improving community accessibility for residents and visitors with disabilities. 8. We enact policies that collectively support all demographic segments of the community, and strive to minimize barriers to a diverse, family-friendly community and robust workforce. 9. We preserve and make accessible the history of Estes Park to understand how the community became what it is today and to make informed decisions about its future. 1. We support environmental stewardship and sustainability through our policies and actions. 1.A. Enact the Implementation Plan developed from the Environmental Sustainability Task Force recommendations. 1.A.1 - Strongly consider funding to hire a full-time Environmental Sustainability Manager at the administrative level. 1.B. Modify codes and regulations to support alternative and distributed energy. 2. We are committed to safeguarding the lives and property of the people we serve. 1.C. Encourage solar energy options on new and established homes and businesses, including Town Buildings. 1.D. Support beneficial electrification of buildings by encouraging the replacement of fossil-fuel appliances with cleaner electric alternatives. 3. We are committed to fairness and support for victims of crime, including victims of crimes that invoke the Victims Rights Act. 1.E. The Events and Visitor Services Department will reduce the environmental impacts of Town events. 4. We value the importance of maintaining a local emergency communication center to serve the residents and guests of the Estes Valley. 1.F. We support the County-wide Wasteshed Plan and will remain active partners with Larimer County in its implementation. 1.G. Establish Estes Park as a leader in mountain environmental stewardship and sustainable practices. 5. We strive to enhance the safety of emergency responders in non-emergency and critical situations. 1.H. Continue work with Larimer County on Climate Smart Future Ready initiative. 1.I. Develop a Climate Action Plan specific to Estes Park. 6. We believe in and support restorative practices as a way to build and repair relationships, as well as increase understanding about the impact of crime in the Estes Park Community. 2.A. Evaluate and meet the sworn officer, dispatch, and support services staffing needs of the Police Department. Public Safety, Health, and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. Page 239 2.B. Integrate security camera systems in Town Hall, Visitor Center, Events Complex, and Museum. 7. We train and prepare for responding to community emergencies.2.C. Evaluate pandemic response plan. 2.D. Work with the Estes Valley Fire Protection District to evaluate the need for a full-time Emergency Manager. 8. We are proactive in our approach to wildfire planning and mitigation in response to elevated fire risks in the Estes Valley and the surrounding area. 7.A. Work collaboratively with the Estes Valley Fire Protection District to build an Emergency Management function that is focused on resilience, planning for emergencies, responding to emergencies, and recovering from emergencies. 9. We recognize the importance of mental health in our community and work with local and regional partners to improve mental health safety and awareness. 1. We foster an inclusive, robust, and sustainable economy by making our economic development decisions based on a triple bottom line model, considering economic, social, and environmental impacts and benefits. 2.A. Evaluate and improve the Development Review process. 4.A.1 - Work with the Estes Chamber of Commerce and Downtown businesses to evaluate implementation options for the Downtown Plan. 4.A. Implement the Downtown Plan. 2. We create and sustain a favorable business climate. 5.A. Conduct corridor studies for the corridors called out in the Comprehensive Plan. 3. We support a diverse economy, attracting and serving a broad range of current and potential stakeholders. 4. We recognize the importance of a vibrant, attractive, and economically-viable Downtown Core. 5. We support investment and revitalization in all of the Town's commercial corridors and centers. 6. We support economic development efforts led by other organizations, including business attraction, retention, and expansion. 7. We lead specific economic development efforts identified by the Town Board. Robust Economy - We have a diverse, healthy year-round economy. Page 240 8. We recognize the benefits of shopping locally and will actively support our local businesses and the local economy. 1. We maintain up-to-date financial policies, tools, and controls that reflect the financial philosophy of the Board. 1.A. Replace the current accounting system with a modern Enterprise Resource Planning (ERP) system by 2025. 1.A.1 - Implement new ERP system. (Multi-Year Objective) 1.B. Develop a set of general budget policies to help guide budget development in the future. This should include consideration of reserve policies, use of one time funding, budgeting approach to vacancies, etc. 2. We make data-driven financial decisions for capital projects. 1. We support having a sustainable, accessible, and efficient multimodal transportation network. 1.A. Street rehabilitation efforts will result in an average Pavement Condition Index of 80 or greater for the Town street network by 2034.1.A.1 - Complete the construction of the Cleave Street Improvements. 1.B. Fund the upgrade and maintenance of our public trail network to comply with adopted safety and disability standards through 2034. 1.A.2 - Complete the street rehabilitation of 1st Street, 2nd Street, 3rd Street, North Court, and South Court and provide ADA compliant pedestrian facilities following the water main and service installation project. 2. We continue to reduce traffic congestion and improve traffic safety throughout the Town. 1.C. Study the possibility of adopting impact fees and fee-in- lieu mechanisms to assist in funding multimodal transportation improvements. 1.A.3 - Complete rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive. 2.A. Collaborate with Federal & State partners to mitigate traffic congestion with multimodal solutions throughout the Town. 2.A.1 - Deliver technical support and public communication assistance for construction of the Downtown Estes Loop by FHWA. (Multi-Year Objective) 3. We effectively communicate to residents and visitors the Town's parking and transportation options. 2.B. Develop funding strategies for the design, environmental clearance, and construction of the Moraine Avenue Multimodal Improvements. 2.H.1 - Select specific recommendations from the Multimodal Transportation Plan for budgeting and implementation in 2025. 2.C. Explore the potential for year-round local and regional transit service. 2.D.1 - Seek funding and create an implementation timeline for the year-one recommendations from the Transit Development Plan. 4. We make strategic, data-driven investments in technology that promotes the financial and environmental sustainability of the Town's parking and transportation assets.2.D. Implement the Multimodal Transportation Plan. 4.A.1 - Evaluate implementation of paid parking in all downtown public lots and the associated timing and funding impacts for a new downtown parking structure. 2.E. Implement the recommendations for multimodal improvements on US 34 between Wonderview Avenue and Steamer Drive as outlined in the US34 Corridor Study.4.A.2 - Construct a single-deck parking structure above the Big Horn parking lot. Town Financial Health - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Transportation - We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. Page 241 5. We identify and leverage local, regional, and national partnerships that strengthen and extend the Town's parking and transportation system. 4.A. Implement the Downtown Parking Management Plan in a manner that delivers parking services as a self- sustaining program by 2030. 5.1 - Seek funding to construct the Visitor Center Parking Lot Improvements and the first phase of the US 34 Corridor Improvements. complete the construction phase of the SB267 Mobility Hub project . 6.A. Implement the Electric Vehicle Infrastructure & Readiness Plan as grant funding opportunities coincide with Town needs. 5.2 - Actively participate in the US34 Coalition and Transportation Management Organization planning and project implementation. 6. We consider the potential impacts of technology changes, including electric and autonomous vehicles, in all transportation planning. 7.A. Participate in the CDOT grant funding program to complete the bike and pedestrian network within one mile of Estes Park public schools. 7.A.1 - If funded, complete the design and construction of the multiuse path on the east side of Community Drive between Manford Ave and US36. (2023 Carryover) 7.B. Complete the Fall River Trail using available trails expansion funds, open space funds, and grant funding. 7.A.2 - Pursue CDOT Safe Routes to School grant funding for the design of the segment of the Community Drive Multi-Use Trail between Brodie Ave and Graves Ave. 7. We continue to develop trail connectivity in the Estes Valley in partnership with other entities, implementing the priorities in the Estes Valley Master Trails Plan. 7.B.1 - If funded by the 2023 TAP grants, complete the design of the Fall River Trail. Page 242