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TC Ord. No. 26-11 Approving Amendments to Avon Municipal Code Title 15 Building and ConstructionA Avon C O L O R A D O ORDINANCE 26-11 APPROVING AMENDMENTS TO AVON MUNICIPAL CODE TITLE 15 BUILDING AND CONSTRUCTION WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Avon"), the Avon Town Council ("Council") has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Council wishes to amend Chapter 15.30 of Title 15 of the Code to update Avon's Outdoor Lighting standards with additional best practices and safeguards to maintain a dark sky experience for residents and guests; and WHEREAS, Pursuant to C.R.S. §12-115-107(2)(a) the Town will automatically adopt the most recent version of the National Electric Code adopted by the Colorado State Electric Code; and WHEREAS, Council desires to add new single exit standards for multi -family construction projects in order to allow design flexibility and reduce the cost of construction; and WHEREAS, approval of this Ordinance on first reading is intended o_y to confirm that the Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a representation that Council, or any member of Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and _determinations of the Council. Section 2. Outdoor Lighting Standards. Council hereby amends Chapter 15.30, Title 15 of the Avon Municipal Code, as outlined in Exhibit A. Section 3. National Electric Code. Council hereby adopts the following modifications to Chapter 15.12 of the Avon Municipal Code - National Electric Code: Section 15.12.010 — Adoption. "The Town adopts the 2M most current edition of the National Electrical Code which has been adopted by the Colorado State Electrical Board, except as amended in this Chapter. The 2M National Electrical Code is published by the National Fire Protection Association, 1 Second Reading Ord 26-11 Amending Chapter 15 of the Municipal Code Page 1 of 4 Batterymarch Park, Quincy, MA 02269. A copy of the 2M adopted National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. Adoption of this eode eyele is mandated by DORA (Department of Regulatory AgeneiesX' 15.12.030 - Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2M National Electrical Code named in the title of this Chapter. "It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this Chapter." 15.12.040 - Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2WO National Electrical Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. 15.12.060 - Validity. If any section, subsection, sentence, clause or phrase of the 2M National Electrical Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared invalid. Section 4. Single Stairway. Council hereby adopts amendments to Chapter 15.08 of the Avon Municipal Code, adding Amended exit design parameters for Multi -family Construction as . outlined in Exhibit B. Section 5. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of Avon. Second Reading Ord 26-11 Amending Chapter 15 of the Municipal Code Page 2 of 4 Section 6. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 7. Safety Clause. The Town Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 9. Codification of Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING -by the Avon Town Council on August l 1,-2026, and setting such -public hearing for - August 25, 2026 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: c/ ra N. Underwood, Mayor ATTEST: Miguel Jauregui C -�OP- \ i 4 Second Reading Ord 26-11 Amending Chapter 15 of the Municipal Code Page 3 of 4 ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August 25, 2026. BY: amra N. Underwood, Mayor AS -TO FORM: Deputy Town Attorney ATTEST: Miguel Jauregui Cas s • s • �\ i I �l. Second Reading Ord 26-11 Amending Chapter 15 of the Municipal Code Page 4 of 4 EXHIBIT A to ORDINANCE 26-11 CHAPTER 15.30 Outdoer Lighting Standards 15.30.010 Intent and Purpose. (a) The purpose of this Chapter is to reduce offensive lighting sources and unnecessary lighting and reduce eliminate light trespass beyond property lines. ' . The Tevm Avon is experiencing a significant increase in the use of exterior Illumination lighting and the Town intends to facilitate responsible lightinq practice. Town residents and guests value small town GhaFaGteF and the qualities assGGiated with this GhaFaGteF, ' the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed eutdoor exterior lighting causes unsafe and unpleasant conditions and limits their ability to enjoy the nighttime sky. (b) This Chapter is intended to help maintain the health, safety and welfare of the residents of the Town through the regulation of exterier lighting in order to: u Ensure all existing and future installed lighting has a clear purpose, is directed only where necessary, and is used only when it is functional. (2) Prevent inappropriate and poorly designed or installed outdoor lighting; (3) Reduce glare; (4) Reduce nighttime light pollution and protect and reclaim the ability to view the night sky by restricting the unnecessary upward projection of light; and (5) Phase out existing nonconforming fixtures that violate this Chapter, including those owned by the Town. u Ensure installed lighting is not brighter than necessary. (7) All lighting must be complaint with HB23-1161, which reduces mercury pollution and energy use and encourages LED lighting. 15.30.020 Definitions For the purposes of this Chapter, the following definitions shall apply: Canopy lighting. Exterior lighting installed on or under an exterior overhang Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires Light sources that are indoors that aFe intended to light something but provide light outside are considered exterior lighting. Fixture. A device containing one or more light sources, typically attached to a wall or ceiling. Fixture height. The vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. Floodliaht. A powerful installed liaht used for liahtina outside areas. such as sports fields or buildinas. Full cut-off fixture. A fixture designed and installed where no direct light (as opposed to scattered light) is emitted at or above a horizontal plane running through the lowest point on the fixture. Title 15: Lighting Standards Page 1 of 9 EXHIBIT A to ORDINANCE 26.11 Fully shielded. The luminaire incorporates a solid opaque barrier (the shield), which permits no light to escape through the barrier. Glare. Stray, unshielded (including reflected) light striking the eye that may result in (a) nuisance or annoyance glare such as light shining into a window; (b) discomfort glare such as bright light causing squinting of the eyes; (c) disabling glare such as bright light reducing the ability of the eyes to see into shadows; or (d) reduction of visual performance. Holiday (seasonal) lighting. Temporary festive lighting intended to celebrate the winter season and the Thanksgiving, Christmas and New year� holidays typically occurring during November through February. Installed lighting. Any light or light source, including�glare, that is not naturally occurring. Light pollution. Any manmade light installed lighting that diminishes the ability to view the night sky. Light source. The source of the light emitted by the fixture. Also referred to as bulb. Light trespass. Light falling on the property of another or the public right-of-way when it is not required to do so. Lighting. A supply of illumination or the apparatus or device providing light. Luminaire. A device that provides light that is not naturally occurring. Naturally occurring light. Light that occurs without the involvement of humans. Upliphting. A lighting effect created by directing lighting and fixtures upward. 15.30.030 Applicability The lighting standards of this Chapter shall be applicable to all exterio lighting within the Town. All exterior lighting installed after the effective date of the ordinance codified herein shall conform to the standards established by this Chapter. All existing rinhFinn installed hef^re the effeGtive date of the 15.30.040 General OetdeeLighting Standards. The following lighting standards shall apply to all properties located within municipal boundaries: (1) The style, color and design of the fixtures shall be compatible with the overall design concept and use of materials for the building and site area of the lighting plan. (2) All lighting shall be shielded such that the lic3hht source of� atien (filament, frosted bulb or the reflection of those from a shiny surface) is not visible fren} beyond the limits of the property line, thereby reducing glare and interference with boundary streets and adjacent properties. Light fixtures near adjacent property may require special shielding devices to prevent light trespass. Title 15: Lighting Standards Page 2 of 9 EXHIBIT A to ORDINANCE 26-11 (3) All lighting (including, but not limited to lighting for interior I exterior stairwells, hallways and corridors, patios, decks, balconies, parking structures and garages, street, parking lot, security, walkway and building) shall conform with the definition for full cut-off fixtures with the light source downcast and fully shielded, with the following exceptions: For the Town Core Throughout the Town holiday lighting frGM-Shall be permitted from November 15 through the closing date of Beaver Creek Resort's winter season. For all otheF areas, holiday lighting from November t'14e-Atia-rG-h4. No holiday lights shall be 'llum'nated between the hours of midnight and . Holiday lights shall blink or f be mostly continuous lighting which may incorporate limited random and intermittent individual lights that flicker, shimmer, pulse or twinkle, but shall not include multiple lights that simultaneously flash or blink. b. Sensor activated luminaries, provided that: It is located in such a manner as to prevent glare and lighting onto properties of others or into the public right-of-way. 2. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased. 3. The luminaire shall not be triggered by activity off the property. All temporary emergency lighting needed by the Fire and Police Departments, or other emergency agencies. 11 .10. MR. I �W I Title 15: Lighting Standards Page 3 of 9 EXHIBIT A to ORDINANCE 26-11 Levels of Shielding Uplighting is prohibited. for flags address markers trees arrhitert„ral features and low -voltage landSGape lighting, provided that the luminaire is 10Gated, aimed and from adjoining properties and the PubliG street right- of -way. ArGhiteGtUral featuFes thestrUGt„re In all Gases, unlighting must net na„se glare or light treenaec For Lluminaires (light fixtures) that have a maximum output of one thousand (1,000) lumens per fixture (equal to one [1 ] sixty -watt incandescent light), regardless of the number of lamps, provided: The bulb of the fixture is not visible; The fixture utilizes frosted, opalescent, slea-r textured or iridescent glass; The fixture has an opaque top or is under an opaque portion of the building structure; 4. If the fixture utilizes clear glass, the output of the fixture must be shielded by the architecture of the structure; and All fixtures must not cause glare or light trespass beyond the property; and 6. All fixtures must have a correlated color temperature (CCT) between 2,700 and 3,000 Kelvin K Temporary (two [2] days or less) high intensity discharge floodlighting may be used for sports lighting and Town -sponsored permitted events, provided that the lighting be turned off no later than one (1) hour after the event is concluded. The fixtures must be aimed so that their beams are directed and fall within the primary playing or performance area and eauiooed with alare-control oackaaes (louvers. shields or similar devices) if necessary. h. All permanent sports- and event lighting shall be equipped with a glare-rentrel paGkage (louvers, shields oF similar dev'Ges) and the fixtures rnust be airned so that beams are d'reGted and fall within the primaFy playing area and light trespass is minimized L41 Maximum Fixture Height 1. Pole mounted lighting within non-residential parking lots is allowed up to twenty (20) feet from finished grade. Title 15: Lighting Standards Page 4 of 9 EXHIBIT A to ORDINANCE 26-11 2. Pole -mounted lighting in parking lots for residential or multi -family buildings may be installed at a maximum height of twelve (12) feet above finished grade. 3. For residential or multi -family buildings on steep slopes, or buildings with more than two stories that have balconies, lighting on decks or balconies is limited to a maximum height of forty-two (42) inches. (5) Recessed cans in eaves or similar must be diffused so bulbs are imperceptible. (6) Roof top lighting 1. For commercial uses, all rooftop lighting shall not be highly visible from the right-of-way (e.g, rooftop deck screened on a minimum of two (2) sides by wall, adjacent buildings, etc.) and must be set back a minimum of five (55) feet from the rooftop edge. u All canopy lighting shall be recessed sufficiently to ensure that no light source is visible from or causes glare, no less than (10) feet from canopy edge where canopy is near public rights of way or adjacent property. 1. Canopy lighting shall not exceed 20 lumens per square foot under canopies. 2. All fixtures mounted on the lower surface of canopies must be fully shielded in and of themselves; the canopy edges alone do not qualify as shielding. 3, Canopy lighting at gas stations or service areas located on slopes or elevated terrain that may increase glare or light spill onto adjacent properties may be required to provide additional shielding, adjust fixture angles, reduce light levels, or use other mitigation measures as necessary to prevent nuisance glare. The reviewing authority may require a lighting plan demonstrating compliance under actual site conditions. (8) Roundabout and Light Post Lighting Fixtures in roundabouts and/or light posts shall be designed and located to maintain safe sightlines for drivers, avoiding distracting flashing patterns or low - hanging elements that block traffic sign visibility (9) Properties shall not install lighting, either permanent or temporary, deemed to be excessive or unnecessary, as determined by the Community Development Director. (10) Prohibited Lighting: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation, except permitted twinkling holiday lightinq under subsection (33)a; 2. Lights affixed to the top of the roof of a structure; 3. Neon, or similar gas filled, lights; 4. Laser source lights; 5. Searchlights; 6. Lights attached to vegetation, except decorative holiday lights; and 7. Any lighting that could interfere with the public health, safety, or welfare, 8. Unshielded flood lights including motion sensor lights j111 Exemptions. Title 15: Lighting Standards Page 5 of 9 EXHIBIT A to ORDINANCE 26-11 1. The standards of this section shall not apply to lighting owned and maintained by the Town of Avon, installed for the benefit of public health, safety and welfare. 15.30.050 Lighting Plan (a) An outdoe exterior lighting plan shall accompany all design development plan and building permit applications unless this requirement is waived, in writing, by the Community Development Director, and shall be submitted separately from other drawing information, All lighting plans (eXGep• single- family and duplex , whose lighting fixtures and lGGa* . !wed undeF the Design Review Guidelines) shall be subject to approval through the Town's design review process by the Planning and Zoning CommissiGn. A useF'S guide with examples faXtUFeS us available in the Gommunity Development OffiGe. (b) These pFojeGtS AGt Fequidng design Feview by the Town shall be FeqUlFed to submit a ligh ag plan that GGRfGFMS to the standards outlined heFein at the tome of building peFmit Wnevf senstrUsfien-.-The lighting plan and/or specifications shall show: (1) The type and luminous intensity of each light source and wattage (e.g., incandescent, halogen, high- pressure sodium); (2) The type of fixture (e.g., floodlight, full -cutoff, lantern, coach light); (3) Fixture location and height above all proposed and existing light fixtures; (4) Shielding and all mounting details; (5) Manufacturer cut -sheet and/or specification materials with scaled drawings or photographs including: initial lumen rating, color rendering index and wattage of each lamp; (6) Any other information deemed necessary by the Community Development DirectorInspeste to document compliance with the provisions of this Chapter. 15.30.060 Violations (a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. If the Community Development Director IRSPesto finds that any provision of this Chapter is being violated, the Community Development Director Iespeste shall give notice by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, requesting that the violation be abated within thirty (30) days of the date of mailing of the notice. (b) The Community Development Department staff shall be available to assist in working with the violator to correct said violation. If the violation is not abated within the thin 30 siAy day period, the violator shall be punished by a fine of not more than one hundred dollars ($100.00) for each and every day during which the violation of any provision for any single fixture of this Chapter is committed, continued or permitted. (c) Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code. Title 15: Lighting Standards Page 6 of 9 EXHIBIT A to ORDINANCE 26-11 This Area Intentionally Left Blank Title 15: Lighting Standards Page 7of9 EXHIBIT A to ORDINANCE 26-11 15.30.070 Figures and Diagrams The following figures illustrate examples of acceptable and unacceptable types of GAGE) r exterior lighting fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly to comply with this Chapter. UnaGGeptablee Area noodhglas NO YES 'Proper dMink is sfilfreq&ed to prerml ' ltt tr¢ ass. Spotlights ,w+ AM NO *Proper aiming is still re ' to present fig lit trespass. Wap Pwb NO YES Decorative NO '77tese frrtttres may be acceptable if using a low -wattage bulb. YES Street Lighting NO YES Title 15: Lighting Standards Page 8 of 9 EXHIBIT A to ORDINANCE 26-11 Unacceptable Fixtures That Produce Glare & Light Tresspass Unshielded Wallpacks & Wall Mounted Fixtures Drop -lens &Sag -lens Fixtures with exposed bulb / refractor lens Unshielded Streelight Unshielded Security Light v Unshielded PAR Floodlights Unshielded 'Period Style' Fixtures 9�� Drop -lens Canopy Fixtures Acceptable Fixtures That Shield the Light Source to Minimize Glare & Light Tresspass and to Facilitate Better Vision at Night ..� Full Cutoff Fixtures �_nO Fully Shielded Wallpacks &Wall ' Mounted Fixtures pTT_ , 7� IE: Fully Shielded Fixtures Fully Shielded Streelight Fully Shielded Security Light Fully Shielded 'Period Style' Fixtures Shielded PAR Flush Mounted Floodlights Canopy Fixtures Title 15: Lighting Standards Page 9 of 9 EXHIBIT B to ORDINANCE 26.11 CHAPTER 15.08 International Building Code 15.08.020 Additions or modifications. The 2021 International Building Code is amended and changed as described below. 15.08.150 Appendix P — Amended Stairway Modifications for Multi -Family Construction In alignment with Colorado HB 25-1273, the Town of Avon allows a single exit design for Multi -Family structures, with local amendments as follows: (a) Is constructed of materials that satisfy International Building Code (IBC) Type I, Type II, or Type IV construction standards; (b) Is protected throughout, including at each landing of the exit stairway, with an automatic sprinkler system in accordance with the IBC; (c) Has no more than four stories above -grade. (d) Does not have a floor with a square footage greater than 5,000 and has an exit stairway whose width is equal to or greater than - 54-inches; (e) Has no more than 20-feet of travel to the exit stairway from the exit or entry door of any dwelling unit; (f) Has no more than 125-feet of travel to the exit stairway from any point in a dwelling unit; (g) Has no more than four dwelling units per story; (h) Only has openings to the exit stairway enclosure that allow exit access from normally occupied spaces, exit access from the exit stairway enclosure to another protected exit component, and access to the exterior from the exit stairway enclosure; (i) Is fully protected in all common areas with smoke detection in accordance with the National Fire Protection Association's standard 72, known as the "National Fire Alarm and Signaling Code", and the International Fire Code (IFC); Q) Does not have electrical receptacles in an exit stairway enclosure; (k) Does not have publicly accessible electrical receptacles in corridors between dwelling units and the exit stairway; (1) Has, in accordance with the IBC, an emergency escape and rescue opening on every floor; (m) Has an exit stairway that is constructed in accordance with the IBC; (n) Has a fire-resistant box that contains keys to access the building and dwelling units, is accessible to firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway; (o) Has an exit stairway that is protected with two-hour fire -rated stair construction regardless of construction type; (p) Has passive and active fire protection features in occupiable spaces throughout the building, including individual dwelling units that are periodically inspected and maintained by a third party approved by local fire district; (q) Has corridors that all have a minimum of one hour of fire resistance, in accordance with the IBC; (r) If more than 3 stories has elevator and exit stairway enclosures that all have smoke control systems, in accordance with the IFC; (s) If more than 3 stories, has elevators that are all within two-hour shaft enclosures, in accordance with the IBC; (t) Does not allow storage, including the storage of deliveries, trash, and recycling, within the space between dwellinq unit doors and the exit stairway; and; Title 15: Single Staircase Page 1 of 2 EXHIBIT B to ORDINANCE 26-11 (u) Does not have more than one story below grade plane. 15.08.4-50160 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Building Code named in the title of this Chapter: It is unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use and occupy any building or structure in the Town, or cause or permit the same to be done, contrary to or in violation of any of the adopted or modified provisions of any of the codes or standards named in the title of this Chapter. 15.08.460170 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Building Code named in the title of this Chapter, as adopted and modified herein, shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction of any of the provisions of any of the codes and standards named in the title of this Chapter is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code 15.08.U0180 Repeal. The repeal or the repeal and reenactment of any provision of the code of the Town as provided in this Chapter shall not affect any right which has accrued, any duty imposed, violation that occurred prior to the effective date hereof, any prosecution commenced, or any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision shall not revive any provision of any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.08.4-80190 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Building Code named in the title of this Chapter is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining provisions of this Chapter. The Town declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional Title 15: Single Staircase Page 2 of 2