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TC Ord. No. 22-16 Adopting the 2021 International Building Codes by Reference, Repealing, Reenacting, and Amending Certain International Building Code Chapters with Local AmendmentsA Avon COLORADO ORDINANCE NO.22-16 ADOPTING THE 2021 INTERNATIONAL BUILDING CODES BY REFERENCE, REPEALING, RE-ENACTING AND AMENDING CERTAIN INTERNAIONAL BUILDING CODE CHAPTERS WITH LOCAL AMENDMENTS 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 ("Town"), the Town 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, The Town Council finds that the adoption of the 2021 International Building Codes will improve the standards for construction and maintenance of buildings and will thereby promote the health, safety and general welfare of the Avon community; and WHEREAS, the Town Council desires to adopt the 2021 International Building Codes by reference with certain amendments as described in this Ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town 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 the Town Council, or any member of the Town 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 Town Council. Section 2. Adoption of International Building Codes. The Town Council hereby adopts the following codes by reference: (1) Building Code. The International Building Code, 2021 edition, published by the International Code Council; and (2) Residential Code. The International Residential Code, 2021 edition, published by the International Code Council; and (3) Electrical Code. The National Electrical Code, 2020 edition, published by the National Fire Protection Association; and (4) Plumbing Code. The International Plumbing Code, 2021 edition, published by the International Code Council; and Ord 22-16 Adoption of the 2021 International Building Codes Page 1 of 3 (5) Mechanical Code. The International Mechanical Code, 2021 edition, published by the International Code Council; and (6) Fuel Gas Code. The International Fuel Gas Code, 2021 edition, published by the International Code Council; and (7) Fire Code. The International Fire Code, 2021 edition, published by the International Code Council; and (8) Pool and Spa Code. The International Swimming Pool and Spa Code, 2021 edition, published by the International Code Council; and (9) Wildland Fire Code. The International Wildland Urban Interface Code, 2021 edition, published by the International Code Council; and (10) Energy Code. The International Energy Conservation Code, 2021 edition, published by the International Code Council. Section 3. Local Amendments. The Town Council hereby repeals and reenacts Chapter 15 of the Avon Municipal Code in its entirety, consistent with "Exhibit A to Ordinance 22-16", attached and incorporated by this reference. Section 4. Severa!jj i . 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. The Town 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 the Town. Section 5. 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 6. 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 7. 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 Ord 22-16 Adoption of the 2021 International Building Codes Page 2 of 3 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 8. 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 9. 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 November 8, 2022, and setting such public hearing for December 13, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: Sarah Smith Hymes, Mayor i ATTEST: �oW� OF ATTEST: SEAL. Miguel Ja r gui asanue Town Clerk*. ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on December 13, 2022. BY: ATTEST: n Sarah Smith Hymes, Mayor APPROVED AS TO FORM: r Karl Han , Y&n Attorney Miguel J Ord 22-16 Adoption of the 2021 International Building Codes Page 3 of 3 : EA L anueva, I wn Clerk EXHIBIT A TO ORDINANCE 22-16 CHAPTER 15.02 Definitions 15.02.010 Definitions. The definitions set forth in this Chapter shall apply to all the Chapters in this Title and shall apply to all codes adopted in this Title. In the event of any conflict, the definitions in this Chapter shall apply first and take precedence, the definitions in the codes adopted by this Title shall apply next, and the definition of any word, term or phrase set forth elsewhere in this Code shall apply after the definition of codes adopted by this Title. Building Official means the person designated as the Building Official by the Town Manager. Person means a natural person, association, firm, limited liability company, partnership or corporation, trust or other legal entity. Town Attorney means the attorney appointed by the Town Council as the Town Attorney, the Town Attorney's designee, another attorney appointed by the Town Council for the purpose of enforcing this Title, or the Town Prosecutor. CHAPTER 15.04 Violations, Penalties, Stop Work Orders, Abatement 15.04.010 Violations. (a) Unlawful acts. It is unlawful for any person to erect, construct, alter, move, demolish, repair, use or occupy any building or structure in the Town, cause or permit the same to be done, or fail to comply with any lawful order or directive, which act is contrary to or in violation of any provision of any code, standard or regulation adopted by this Title, and any such unlawful act shall be deemed to be a violation of this Title. (b) Notice of violation. The Building Official shall serve a notice of violation or order for the erection, installation, alteration, extension, repair, removal or demolition of any work which violates any code adopted in this Title, any change in occupancy of any building or equipment regulated by any code adopted in this Title or any violation of any permit, certificate or condition of any permit or certificate issued under the provisions of any code adopted by this Title. The notice of violation shall be served upon the contact person designated in any active permit issued by the Town or the property owner of record according to the records of the County Assessor's Office or by posting the notice of violation in a conspicuous place on the property. The notice of violation shall cite the specific section or sections of the code or codes which are violated and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. (c) Prosecution of violation. If compliance with the notice of violation is not accomplished promptly, the Building Official shall request the Town Attorney to institute appropriate proceedings in law or equity to restrain, correct or abate the violation, to require the removal or termination of the unlawful structure, equipment or occupancy and to seek such fines, penalties, fees and restitution as may be appropriate. 15.04.020 Penalties. Any person who violates any provision of this code or any code adopted in this Title shall be punishable as set forth in Chapter 1.09 of this Code. In addition to other means provided by law, the Town may recover all costs and penalties imposed by certifying such amounts to the County Treasurer and such amounts shall be collected and paid over by the County Treasurer in the same manner as taxes are authorized in accordance with Section 31- 20-105, C.R.S. Page 1 of 29 15.04.030 Stop work orders. (a) Authority. The Building Official is authorized to issue a stop work order when the Building Official finds any work regulated by this Title, or any code adopted by this Title, being performed in a manner either contrary to the provisions of any code adopted herein or being performed in a dangerous or unsafe manner. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property upon which the violation has occurred or is occurring, to the owner's agent or to the person doing the work, or may be posted in a conspicuous manner on the property. 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 will be permitted to resume. The Building Official may also include conditions or directives in the stop work order to secure the property where appropriate due to unsafe conditions, soil erosion control, water quality degradation or other matters in which conditions on the property threaten the health, safety or general welfare of the public or threaten to negatively impact or damage other property. (c) Unlawful continuance. Any person who shall continue any work after a stop work order has been issued, except such work as may be directed to remove a violation, address an unsafe condition or secure the property, shall be deemed to be in violation of this Title and shall be subject to penalties as set forth in this Title. 15.04.040 Abatement of unsafe conditions, declaration of nuisance. (a) Declaration of public nuisance. Any use or condition of a property, structure or equipment regulated by this Title which constitutes an unsafe condition, unsanitary condition or hazardous threat to life, safety, health, public welfare or property by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be an unsafe condition. An unsafe condition is hereby declared to be a public nuisance. (b) Order of abatement. The Building Official or Town Attorney may take action to order the abatement of any unsafe condition. Unsafe conditions shall be abated by repair, rehabilitation, demolition or removal of the equipment or structure which poses unsafe conditions, or by securing such property, structure or equipment to restrict the use, accessibility or risk posed by the unsafe condition. The Building Official or Town Attorney shall issue an order of abatement in writing to the property owner which shall describe the action required to abate the unsafe condition and shall provide a time frame for compliance. No person shall use the structure or equipment constituting an unsafe condition after receiving such notice. (c) Failure to comply, abatement by Town. In the event the property owner fails to comply with an order of abatement within the time frame for compliance stated in such order, the Town may proceed to enter the property, abate the unsafe condition and correct the public nuisance. The Town shall post notice of the Town's intention to enter the property and abate the unsafe condition and public nuisance at least twenty four (24) hours in advance by posting written notice in a conspicuous place on the property, except where unsafe conditions warrant immediate abatement; in which case, the Town shall not be required to post written notice in advance of entering the property. (d) Disconnection of service utilities. The Building Official shall have the authority to authorize disconnection of utility services to the building, structure or system regulated by the technical codes in case of emergency, where necessary, to eliminate an immediate danger to life or property. Where possible, the owner or occupant of the building, structure or service system shall be notified of the decision to disconnect utility service prior to taking such action. If not notified prior to disconnecting the utility service, the owner or occupant of the building, structure or service systems shall be notified in writing as soon as practical thereafter. (e) Connection after order to disconnect. No person shall make connections from any energy, fuel, power supply, water distribution or other utility service or supply energy, fuel or water to any equipment regulated by this Title that has been disconnected or ordered to be disconnected by the Building Official or the use of Page 2 of 29 which has been ordered to be disconnected by the Building Official until the Building Official authorizes the reconnection and use of such equipment. (f) Recovery of costs, lien. The Town may recover the direct costs incurred for abatement of unsafe conditions, together with a fifteen -percent surcharge for administrative expense and eighteen percent (18%) interest per year on the total outstanding amount due to the Town. All costs, surcharges and interest shall be recoverable against the property owner. In addition to other means provided by law, the Town may recover all costs, surcharges and interest imposed by certifying such amounts to the County Treasurer, and such amounts shall be collected and paid over by the County Treasurer in the same manner as taxes are authorized in accordance with Section 31-20-105, C.R.S. CHAPTER 15.06 Board of Appeals 15.06.010 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in the capacity of the Board of Appeals. An application for appeal shall be filed with the Town Clerk within twenty (20) days after the date of the decision of the Building Official. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted hereunder have been incorrectly interpreted. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The Board shall render a decision within thirty (30) days of receipt of the appeal. The decision of the Board shall be by resolution, and copies shall be furnished to the appellant and to the Building Official. The Building Official shall take immediate action in accordance with the decision of the Board. 15.06.020 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 Town Council acting in the capacity of the Board of Appeals shall have no authority to waive requirements of this Code. 15.06.030 Limitation of liability. Any member of the Town Council, acting in good faith and without malice for the Town in the discharge of his or her duties, shall not thereby render himself or herself personally liable. The members are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of their duties. Any suit brought against a member or members of the Town Council because of any act or omission performed by them in the discharge of their duties shall be defended by the Town until final termination of the proceedings. CHAPTER 15.081nternational Building Code 15.08.010 Adoption. (a) The Charter of the Town of Avon, Section 6.9, provides that standards codes may be adopted by reference with amendments. The Town adopts the 2021 International Building Code, Appendix E, Appendix H and Appendix J, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. (b) The 2021 International Building Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. Copies of the 2021 International Building Code are on file in the office of the Town Clerk and are available for inspection during regular business hours. Page 3 of 29 15.08.020 Additions or modifications. The 2021 International Building Code is amended and changed as described in Sections 15.08.030 through 15.08.140 below. 15.08.030 Section 104—Duties and Powers of Building Official. (a) Section 104.1, General, is amended to read as follows: 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. (b) Section 104.6, Right of entry, is amended to read as follows: 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code, and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 15.08.040 Section 105—Permits. Section 105, Permits, is amended by the addition of the following language: 105.8 Contractor licensing. All contractors shall purchase a contractor license for conducting work within the Town of Avon pursuant to Chapter 5.18 of the Avon Municipal Code. 15.08.050 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended to read as follows: 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. 15.08.060 Section 110—Inspections. Section 110.2, Preliminary inspection, is amended to read as follows: 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Site preparation inspection. The site preparation inspection shall include the staked property lines, setback lines, area of disturbance and soils erosion control measures. A construction sign with building permit number, street address and contractor's name shall be installed on the site and properly placed to be seen and read from the street and all necessary toilet facilities in place prior to this inspection being approved. Page 4 of 29 110.2.2 Culvert and driveway base. The culvert and driveway base inspection shall be done prior to the placement of the permanent driveway covering. The culvert and approach shall conform to Title 12 of the Avon Municipal Code. This inspection is one of the requirements for Occupancy of the building. 110.2.3 Improvement Location Survey inspection. An Improvement Location Survey shall be prepared by a Colorado -licensed professional land surveyor. The improvement location survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done when the forms are removed. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official and approved by the Town. 110.2.4 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado -licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height or within 18 inches of a setback line. The survey is to be done when the rough frame is completed and ready for inspection and shall show all pertinent elevations using the original benchmark. 15.08.070 Section 111—Certificate of Occupancy. (a) Section 111.2, Certificate issued, is amended by the addition of the following language: 111.2.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. 111.2.2 Cleanup, landscaping and general construction deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this Chapter, is not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. (b) Section 111.3, Temporary occupancy, is amended by the addition of the following language: 111.3.1. Temporary Certificate of Occupancy. A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 111.3.2. Issuance of Temporary Certificate of Occupancy. The following shall be completed prior to the issuance of a TCO for all commercial and multi -family occupancies: Where the required cleanup, landscaping or construction required for a certificate of occupancy is not complete, a temporary certificate of occupancy (TCO) may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in Page 5 of 29 accordance with Section 110.2.3.3. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. 15.08.080 Section 113—Means of Appeals. Section 113, Means of Appeals, is amended to read as follows: 113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. 15.08.090 Section 115—Stop Work Order. Section 115, Stop Work Order, is amended to read as follows: 115.1 Authority. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. 15.08.100 Section 1603—Construction Documents. Section 1603, Construction Documents is amended by the addition of the following language: 1603.2 Boulder walls. Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado. 15.08.110 Section 1608—Snow Loads. Section 1608.2, Ground snow loads, is amended to read as follows: 1608.2 Ground snow loads. Snow load shall be 75 pounds per square foot for buildings and structures constructed at or below than 8,200 feet in elevation. Snow load shall be 90 pounds per square foot for buildings and structures constructed above 8,200 feet in elevation. 15.08.120 Section 1809—Shallow Foundations. Section 1809.5, Frost protection, shall be 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. Footings shall have a minimum depth of 48 inches from the top of the finished grade to the bottom of the footer; 2. Construction 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 mz) or less for light -frame construction or 400 square feet (37 ml) 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. 1809.5.1 Frost protection at required exits. Frost protection shall be provided at exterior landings for all required exits with outward -swinging doors. Frost protection shall only be required to the extent necessary to ensure the unobstructed opening of the required exit doors. 15.08.130 Section 3001—General. Section 3001, General, is amended by the addition of the following language: Page 6 of 29 3001.5 Fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. 15.08.140 Appendix J—Grading. Section J101.1 is amended to read as follows: J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. Grading permits shall be permitted, regulated and enforced by the Town of Avon Engineer. 15.08.150 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. 15.08.160 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. 15.08.170 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. 15.08.180 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. Page 7 of 29 CHAPTER 15.101nternational Residential Code 15.10.010 Adoption. (a) Section 6.9 of the Town Charter provides that standards codes may be adopted by reference with amendments. The Town adopts the 2021 International Residential Code, Appendix AJ and Appendix AT, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. (b) The 2021 International Residential Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2021 International Residential Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. 15.10.020 Additions or modifications. The 2021 International Residential Code is amended and changed as described in Sections 15.10.030 through 15.10.110 of this Chapter. 15.10.030 Section R101—Scope and General Requirements. Section R101.1, Title, is amended to read as follows: R101.1 Title. These regulations shall be known as the Avon Building Code. 15.10.040 Section R104—Duties and Powers of Building Official. (a) Section R104.1, General, is amended to read as follows: R104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code and other provisions of the Avon Municipal Code. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving the requirements specifically provided for in this code. (b) Section R104.6, Right of entry, is amended to read as follows: R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code and of other provisions of the Avon Municipal Code, or where the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition that is contrary to or in violation of this code and of other provisions of the Avon Municipal Code, which makes the structure or premises unsafe, dangerous or hazardous, the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code and other provisions of the Avon Municipal Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry. 15.10.050 Section R108—Fees. (a) Section R108.2, Schedule of permit fees, is amended to read as follows: R108.2 Schedule of permit fees. On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedule as established by resolution by the Town Council of the Town of Avon. Page 8 of 29 (b) R108.4, Related fees, is amended by the addition of the following language: R108.4.1 Elevators and conveying systems fees. Elevator permit applications and inspections will be administered by and through the Northwest Colorado Council of Governments. Elevator permit and inspection fees shall be paid to the Northwest Colorado Council of Governments. (c) Section R108.6, Work commencing before permit issuance, is amended by the addition of the following language: R108.6.1 Contractor licensing. All contractors shall purchase a contractor license for conducting work within the Town of Avon pursuant to Chapter 5.18 of the Avon Municipal Code. 15.10.060 Section R109—Inspections. (a) Section R109.1.1, Foundation inspection, is amended by the addition of the following language: R.109.1.1 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 included excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. The footing inspection shall be done after the Site Preparation Inspection, and when all footing forms and steel are in place. In winter, blankets and heating devices shall be on site to prevent freezing of the concrete during freezing weather. R109.1.1.1 Improvement Location Survey inspection. An Improvement Location Survey shall be prepared by a Colorado -licensed professional land surveyor. The Improvement Location Survey inspection shall be the second part of the foundation inspection. An Improvement Location Survey shall be done at the time of the foundation wall inspection. The Survey shall contain all required statutory information and show all walls in relationship to the required setbacks, as well as all pertinent elevations at the top of the wall. The benchmark must be the same one used for the plan approval process. The Survey shall be presented to the Building Official and approved by the Town. R109.1.1.2 Second Improvement Location Survey. A second Improvement Location Survey prepared by a Colorado -licensed professional land surveyor shall be submitted for all buildings that have been designed to within 18 inches of allowable building height or within 18 inches of a setback line. The survey is to be done when the rough frame is completed and ready for inspection and shall show all pertinent elevations using the original benchmark. (2) Section R109.1.5, Other inspections, is amended to read as follows: R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Avon Municipal Code, standard, requirement or regulation. 15.10.070 Section 11110—Certificate of Occupancy. Section R110, Certificate of Occupancy, is amended by the addition of the following language: R110.3.1 Conditions of the Certificate of Occupancy. The Certificate of Occupancy shall not be issued until all construction has been completed, including building, electrical, plumbing, mechanical, fire systems, landscaping, paving, final grading, drainage and all other construction. All signs of construction must be removed from the property, including excess dirt, building materials, trash containers, rubbish, trash and related items, before the Certificate of Occupancy will be issued. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this code or other ordinances of the jurisdiction. R110.4.1 Conditions of a Temporary Certificate of Occupancy. Page 9 of 29 1. A temporary certificate of occupancy ('TCO') shall be valid for six (6) months. The Building Official may grant one TCO extension for up to six (6) months. Such extension shall be granted in writing. 2. The following shall be completed prior to the issuance of a TCO for one- and two-family dwellings: Where the required cleanup, paving, landscaping or construction required for a certificate of occupancy is not complete, a TCO may be issued upon submittal and approval of a cleanup, landscaping and construction deposit in accordance with Section R110.4.1. The surety will be returned to the permittee upon issuance of the final certificate of occupancy. R110.5.1 Cleanup, landscaping and general construction deposit. A cleanup, landscaping and general construction deposit ('deposit') is designed to provide security for all conditions contained in the temporary certificate of occupancy ('TCO'). The deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus twenty-five percent (25%) of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, are not completed within six (6) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20%) of such costs, to be charged to the permit holder and deducted from the cash deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent (12%) [per] annum, shall be a lien against the property and may be collected by civil suit, or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property. 15.10.080 Section R112—Board of Appeals. Section R112, Board of Appeals, is amended to read as follows: R112.1 Appeals to Town Council. A person may appeal a decision of the Building Official to the Town Council in accordance with Chapter 15.06 of the Avon Municipal Code. 15.10.090 Section R114—Stop Work Order. Section R114.1, Authority, is amended to read as follows: R114.1 Notice to owner. Whenever the Building Official finds any work regulated by this code, other provisions of the Avon Municipal Code, or other pertinent laws or ordinances implemented through the enforcement of this code, being performed in a manner either contrary to the provisions of the applicable code, law or ordinance or that is dangerous or unsafe, the Building Official is authorized to issue a stop work order. Upon notice from the Building Official that any work is being prosecuted contrary to the provisions of this code, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work will be permitted to resume. 15.10.100 Table R301.2—Climatic and Geographic Design Criteria. Table R301.2, Climatic and Geographic Design Criteria, is amended to read as follows: TABLE R301.2 CLIMATE AND GEOGRAPHIC DESIGN CRITERIA Page 10 of 29 GROUNDAND SNOW LOADS (PS0 WIND DESIGN SEISMIC DESIGN CATEGORY SUBJECT TO DAMAGE FROM ICE BARRIER UNDER- LAYMET REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP Speed Topo- Special Wind borne Weathering Frost line depth termite (mph) Graphical wind debris zone effects region <_ 8,200 ft.: 115 No No No B SEVERE 48" None YES, 100% Slight 2500 37.4 75 to Slight > 8,200 ft.: 90 MANUAL DESIGN CRITERIA Elevation Altitude Coincident wet Indoor winter Indoor winter Outdoor winter Heating temperature correction bulb design dry-bulb design relative design dry-bulb difference factor temperature temperature 7421' 0.745 54 degrees 30% 70 degrees -5 degrees 75 degrees Latitude Daily Range Indoor summer Summer design Indoor summer Outdoor Cooling temperature design relative gains design dry-bulb summer design humidity temperature dry-bulb temperature 39.38 degrees H 50% -33 to -53 75 degrees 82 degrees 7 degrees N. 15.10.110 Appendix AT —Solar -Ready Provisions. Section AT103.9 (RB103.9), Electrical service reserved space, is amended to read as follows: AT103.9 (RB103.9) Electric service reserved space. The primary Electrical service installed must be a minimum of a 200-amp all -in -one solar ready load center for one- and two-family dwellings or townhouses. The supply conduit must be a minimum of 2 inches. 15.10.120 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Residential 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." 15.10.130 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Residential 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. Page 11 of 29 15.10.140 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, any 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. 15.10.150 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Residential 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. CHAPTER 15.12 National Electrical Code 15.12.010 Adoption. The Town adopts the 2020 National Electrical Code, except as amended in this Chapter. The 2020 National Electrical Code is published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269. A copy of the 2020 National Electrical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. Adoption of this code cycle is mandated by DORA (Department of Regulatory Agencies. 15.12.020 Administration —fees. Electrical permit applications and inspections will be administered by and through the Colorado State Electrical Board Department of Regulatory Agencies. Electrical permit and inspection fees shall be paid to the Colorado State Electrical Board Department of Regulatory Agencies. (For permit application and inspections, contact the DORA.) 15.12.030 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2020 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 2020 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. Page 12 of 29 15.12.050 Repeal. The repeal or the repeal and reenactment of any provision of this code as provided in this Chapter shall not affect any right which has accrued, any duty imposed, any 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 provisions repealed or repealed and reenacted. 15.12.060 Validity. If any section, subsection, sentence, clause or phrase of the 2020 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, CHAPTER 15.141nternational Plumbing Code 15.14.010 Adoption. The Town adopts the 2021 International Plumbing Code, Appendix B, Appendix C, Appendix D, Appendix E and Appendix F, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Plumbing Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2021 International Plumbing Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.14.020 Additions or modifications. The 2021 International Plumbing Code is amended and changed in Sections 15.14.030 through 15.14.100 of this Chapter. 15.14.030 Section 101—Scope and General Requirements. Section 101.1, Title, is amended to read as follows: R101.1 Title. These regulations shall be known as the Avon Plumbing Code. 15.14.040 Section 103—Code Compliance Agency. Section 103.1, Creation of agency, is amended to read as follows: Section 103.1 Creation of agency. The Department of Plumbing Inspection is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 15.14.050 Section 106—Permits. Section 106, Permits, is amended by the addition of the following language: Section 106.6 Licensing. Pursuant to Section 12-58-115 of the Colorado Revised Statutes, only qualified licensed plumbers may install Plumbing Systems as defined in Section 202 of the 2021 International Plumbing Code. 15.14.060 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended to read as follows: Page 13 of 29 109.2 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town). 15.14.070 Section 305—Protection of Pipes and Plumbing System Components Section 30S.4.1, Sewer depth, is amended to read as follows: 305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1372 mm) below grade. 15.14.080 Section 306—Trenching, Excavation and Backfill. Section 306, Trenching, Excavation and Backfill, is amended by the addition of the following language: 306.5 Minimum Cover. The minimum cover for water supply and sewer piping, not under a building, shall be 54 inches per (ERWSD) standards, below finished grade. 15.14.090 Section 606.2—Location of shutoff valves. Section 606.2, Location of shutoff valves, is hereby amended to add Item 4, as follows, with the remainder of Section 606.2 to be adopted as -is: 4. On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall - mounted faucets in one- and two-family residential occupancies, and in individual guest rooms in hotels, motels, boarding houses and similar occupancies, shutoff valves are required. 15.14.100 Section 906—Vent Pipe Sizing. Section 906.1, Size of stack vents and vent stacks, is amended by the addition of the following language: Section 906.1 Size of stack vents and vent stacks. Each vent pipe or stack shall extend through its flashing and shall terminate vertically not less than twelve (12) inches above the roof nor less than two (2) feet from any vertical surface. 15.14.110 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Plumbing 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 provisions of any of the codes or standards named in the title of this chapter." 15.14.120 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter or of the provisions of the 2021 International Plumbing Code named in the title of this Chapter, as adopted and modified herein, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation 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, upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for one (1) year, or by both such fine and imprisonment. 15.14.130 Repeal. The repeal, or the repeal and reenactment, of any provision of the Code as provided in this Chapter, shall not affect any right which has accrued, any duty imposed, or 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 Page 14 of 29 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. 15.14.140 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Plumbing 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. CHAPTER 15.16 International Mechanical Code 15.16.010 Adoption. The Town adopts the 2021 International Mechanical Code. Only the appendices specifically listed herein are adopted. The 2021 International Mechanical Code is published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795. A copy of the 2021 International Mechanical Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.16.020 Additions or modifications. The 2021 International Mechanical Code is amended and changed as described in Sections 15.16.030 through 15.16.080 of this Chapter. 15.16.030 Section 101.1—Title. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Mechanical Code. 15.16.040 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended by the addition of the following language: 109.2.1 Fee schedule. The fee for each permit shall be as set forth in the Town of Avon Fee Schedule A (as adopted by resolution of the Town Council). 15.16.050 Section 113—Means of Appeal. Section 113, Means of Appeal, is amended to read as follows: 113.1 Appeals to Town Council. A person shall have a right to appeal a decision of the Building Official to the Town Council acting in accordance with Chapter 15.06 of the Avon Municipal Code. 15.16.060 Section 903—Factory-Built Fireplaces. Section 903.3, Unvented gas log heaters, is amended to read as follows: 903.3 Unvented gas log heaters. Unvented gas fireplaces are prohibited. 15.16.070 Section 701—General. Section 701, General, is amended by the addition of the following language: Page 15 of 29 701.3 Type of construction. All buildings in the Town of Avon constructed after 1986 shall be considered to be of unusually tight construction and will draw all combustion air from the outside of the building. 15.16.080 Section 902—Masonry Fireplaces. Section 902, Masonry Fireplaces, is amended by to read as follows: 902.1—Definitions. EPA certified wood stove means a heating appliance that has been independently tested by an accredited laboratory to meet EPA -certified standards. A list of certified wood stoves is available on the EPA's website. Gas burning appliance means a fully self-contained, U.L. and A.G.A. listed fireplace unit which does not require venting through a masonry chimney, which has no damper, and which does not permit the use of solid fuel. Gas fireplace means a fireplace either manufactured as a finished unit or a true masonry fireplace fitted with an A.G.A. and/or U.L. listed gas log kit, has no damper and vents through an approved vent. Exception: The Building Official may approve a gas fireplace equipped with interlocked damper and gas valve. New technology wood stove means a solid -fuel -burning appliance capable of burning wood fuel which is certified by the EPA and listed in the Colorado Department of Public Health and Environment's web page under Air pollution control division, residential burning information. A new technology wood stove is one (1) which has been EPA -certified and meets the definition of EPA certified wood stove. A new technology wood stove -shall also include a pellet stove. Solid -fuel -burning device means any fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, pulp, paper or other nonliquid or nongaseous fuel. This definition specifically excludes noncommercial barbeque devices used to cook food outdoors. 902.2 Fireplace accessories. Listed and labeled fireplace accessories shall be installed in accordance with the conditions of the listing and the manufacturer's instructions. Fireplace accessories shall comply with UL 907. 902.3 Regulations for fireplaces. One (1) New Technology wood stove shall be permitted in each dwelling unit constructed or the lobby of any hotel or lodge, provided that no new wood -burning or other solid fuel - burning fireplaces or other similar devices shall be permitted in dwelling units triplex and greater in size after the ordinance codified in this chapter becomes effective, except that properties with solid -fuel -burning devices in existence as of February 25, 2021 shall be permitted to be replaced with one (1) new technology wood stove. 902.4 Coal usage prohibited. The burning of coal within the Town is prohibited. 15.16.090 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Mechanical 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 provisions of any of the codes or standards named in the title of this Chapter. 15.16.100 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Mechanical 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 Page 16 of 29 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. 15.16.110 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, any 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, or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.16.120 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Mechanical 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. CHAPTER 15.18 International Fuel Gas Code 15.18.010 Adoption. The Town adopts the 2021 International Fuel Gas Code and all appendix chapters thereto. The 2021 International Fuel Gas Code is published by the International Code Council, Inc., 500 New Jersey Avenue, N.W., 6th Floor, Washington, D.C. 20001. A copy of the 2021 International Fuel Gas Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.18.020 Additions or modifications. The 2021 International Fuel Gas Code is amended and changed in Sections 15.18.030 through 15.18.060 of this Chapter. 15.18.030 Section 101—Scope and General Requirements Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Fuel Gas Code. 15.18.040 Section 109—Fees. Section 109.2, Schedule of permit fees, is amended by the addition of the following language: 106.9.2.1 Fees. All fees shall be as shown on the Town of Avon Fee Schedule A (adopted by resolution of the Town). 15.18.050 Section 304—Combustion, Ventilation and Dilution Air. Section 304.1, General, is amended by the addition of the following language: 304.1 General. New construction completed after 1986 shall be considered unusually tight construction as defined by this code. Page 17 of 29 15.18.060 Section 404—Piping System Installation. Section 404.7, Protection against physical damage, is amended by the addition of the following language: 404.7 Protection against physical damage. Aboveground gas meters, regulators and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to the proximity to alleys, driveways or parking areas, shall be protected from such damage. 15.18.070 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Fuel Gas 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. 15.18.080 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Fuel Gas 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. 15.18.090 Repeal. The repeal or repeal and reenactment of any provision of the 2021 International Fuel Gas 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. 15.18.100 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Fuel Gas 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. CHAPTER 15.20 International Fire Code 15.20.010 Adoption. (a) The Town adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, the certain standards known as the 2021 International Fire Code. (b) The 2021 International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795. A copy of the 2021 International Fire Code is on file in the office of the Town Clerk and is available for inspection during regular business hours. Page 18 of 29 15.20.020 Additions or modifications. The 2021 International Fire Code is amended and changed as described in Sections 15.20.030 and 15.20.060. 15.20.030 Section 101—Scope and General Requirements. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Fire Code. 15.20.040 Section 105—Permits. Section 105.1.1, Permits required, is amended to read as follows: 105.1.1 Permits required. Permits and inspections required by this code will be administered by and through the Eagle River Fire Protection District. Permit fees, if any, shall be paid to the Eagle River Fire Protection District prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire department or the fire code official. Contact the Eagle River Fire Protection District for permit and fee information. 15.20.050 Section 111—Means of Appeals. Section 111, Means of Appeals, is amended to read as follows 111.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official or designated representatives, relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall consist of the governing board of the Eagle River Fire Protection District plus a representative from the Town of Avon as appointed by the Avon Town Council. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. 111.1.1 Procedure for Appeals. An application for appeal shall be filed with the Town Clerk within twenty days after the date of the decision of the fire code official or designated representative. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The application must state the specific order, decision or determination being appealed and include documentation to support the appeal. The board shall render a decision within 30 days of receipt of the appeal. The decision of the board shall be by resolution and copies shall be furnished to the appellant and to the fire code official. The fire code official shall take immediate action in accordance with the decision of the board. 111.2 Limitations on Authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder has been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 15.20.060 Section 202—General Definitions. Section 202, General Definitions, is amended by the addition of the following language: Fire Department. The Eagle River Fire Protection District is the designated fire department in the Town of Avon. 15.20.070 Eagle River Fire Protection District Amendments. The Eagle River Fire Protection District's Amendments to the 2021 International Fire Code are adopted as Schedule A to this Chapter. Page 19 of 29 15.20.080 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Fire 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 of Avon 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." 15.20.090 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Fire 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. 15.20.100 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, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor 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 or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.20.110 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Fire 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, 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. CHAPTER 15.221nternational Swimming Pool and Spa Code 15.22.010 Adoption. The Town adopts the 2021 International Swimming Pool and Spa Code including all the appendices. The 2021 International Swimming Pool and Spa Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Swimming Pool and Spa Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.22.020 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Swimming Pool and Spa 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 provisions of the code or standards named in the title of this chapter. Page 20 of 29 15.22.030 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Swimming Pool and Spa 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. 15.22.040 Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2021 International Swimming Pool and Spa Code 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. CHAPTER 15.25 International Wildland-Urban Interface Code 15.25.010 Adoption. The Town adopts the 2021 International Wildland-Urban Interface Code, Appendix A and Appendix B, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Wildland-Urban Interface Code is published by the International Code Council (ICC) 4051 West Flossmoor Road, Country Club Hills, IL 60478. Copies of the 2021 International Wildland-Urban Interface Code are on file in the office of Community Development and are available for inspection during regular business hours. 15.25.020 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Wildland-Urban Interface 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 provisions of the code or standards named in the title of this Chapter. 15.25.030 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Wildland-Urban Interface 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. 15.25.040 Validity. If any section, subsection, sentence, clause or phrase of the named in the title of this Chapter is for any reason held the 2021 International Wildland-Urban Interface Code 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. Page 21 of 29 CHAPTER 15.26 International Energy Conservation Code 15.26.010 Adoption. The Town adopts the 2021 International Energy Conservation Code, Appendix CB and Appendix RB, except as amended in this Chapter. Only the appendices specifically listed herein are adopted. The 2021 International Energy Conservation Code was published by the International Code Council, 500 New Jersey Avenue, N.W., Sixth Floor, Washington, D.C. 20001. A copy of the 2021 International Energy Conservation Code is on file in the Town Clerk's office and is available for inspection during regular office hours. 15.26.020 Additions or Modifications. The 2021 International Energy Conservation Code is amended and changed as described in Sections 15.26.030 and 15.26.050 of this Chapter. 15.26.030 Section C101— Scope and General Requirements. Section 101.1, Title, is amended to read as follows: 101.1 Title. These regulations shall be known as the Avon Energy Conservation Code. 15.26.040 Section C403 Building Mechanical Systems. Section C403, Building Mechanical Systems, is amended by the addition of the following language: All gas fired burning equipment shall have a minimum efficiency of ninety-two percent (92%) AFUE. 15.26.050 More efficient furnace and boiler equipment for residential and commercial — Additions or modifications. Equipment sizing and efficiency rating (Mandatory). 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. 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. All Gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. A condensate riser with a trap attached to the drain system must have neutralizer draining into the sanitary sewer system. 15.26.060 Violation. The following clause concerning violations is set forth in full and adopted with reference to the 2021 International Energy Conservation 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 provisions of the code or standards named in the title of this chapter. 15.26.070 Penalty. Any person violating any of the provisions of this Chapter or of the provisions of the 2021 International Energy Conservation 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. Page 22 of 29 15.26.080 Repeal. The repeal or the repeal and reenactment of any provision of the 2021 International Energy Conservation Code 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, nor 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 or any ordinance previously repealed or superseded unless expressly stated in this Chapter. 15.26.090 Validity. If any section, subsection, sentence, clause or phrase of the 2021 International Energy Conservation 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. CHAPTER 15.27 Exterior Energy Offset Program 15.27.010 Intent and Purpose. The purpose of the Exterior Energy Offset Program ("EEOP") Chapter is to encourage sustainable, energy efficient, exterior heating solutions that conserve energy and natural resources. 15.27.020 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi -family exterior energy uses including but not limited to snowmelt, spas, and pools. The completed EEOP form must be submitted along with the subject building permit application. Mobile Home units that are approved by Colorado Department of Housing are exempt. 15.27.030 Fees and EEOP Fund Created. (a) EEOP considers exterior energy uses over a nominal amount as identified below. Fees are based on average British Thermal Units (BTUs) required for such amenities over a 20-year period in our climate. Fees are exempted if renewable energy system(s) pre-exist or are installed on -site prior to completion of the amenity which generate the equivalent of 50% of the energy needed for the exterior energy use. Any partial renewable offsets and/or energy efficiency rebates earned may be credited accordingly. System design, calculations, and field inspection are required and must be verified by the Building Official. (b) The following EEOP fees shall apply at the time of Building Permit: (1) Snowmelt over 200 square feet: $16.00 per square foot (2) Spa/hot tub over 64 square feet: $176.00 per square foot (3) Exterior pool: $136.00 per square foot For example, if 500 square feet of snowmelt was proposed on a residential property, where 200 is exempt, 300 x $16 per square foot = $4,800. (c) EEOP Fund Created (1) Fees collected at Building Permit are placed in the Town of Avon EEOP fund to create financial assistance, rebates, and incentives to promote energy efficient projects elsewhere within the Town of Avon. Page 23 of 29 (2) The EEOP Fund will be utilized as follows: The Town of Avon EEOP Fund will be managed by the Town Manager, or their designee and such designee may be determined by Resolution of the Town Council of Avon. Expenditures of EEOP funds shall be used for the following purposes: (a) To provide educational materials and outreach for Town of Avon residents, businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, a webpage with available resources, links, and information. (b) Planning, design and implementation of renewable energy generation projects. (c) Providing a community grant and/or rebate program for energy efficiency enhancements or renewable energy generation projects. (d) Funding other resources and administrative costs associated with green building and environmental sustainability oriented efforts. (e) Special consideration is given to projects that positively affect occupants of local affordable housing or low income residents in Town of Avon. 15.27.40 Severability Provision. Should any provision of the EEOP be declared by a court of competent jurisdiction in any final judgment to be invalid, unlawful or unenforceable for any reason, such offending provision shall be deemed deleted and the remaining provisions of such Code shall remain in full force and effect. CHAPTER 15.28 Electrical Vehicle Charging Standards 15.28.010 Intent and purpose. The purpose of the Electric Vehicle (EV) Charging Standards is to accommodate the growing need for electric vehicles. 15.28.020 Definitions. As used in this Chapter, the following terms shall have the meaning indicated: Electric Vehicle Supply Equipment (EVSE) Installed means the installation of a Level 2 EV charging station. EV Capable means the installation of electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot(s). EV Ready means the installation of electrical panel capacity and raceway with conduit to terminate in a junction box or 240-volt charging outlet. Level means an EVSE capable of charging at 30 amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously charging at 30 amperes for each of two vehicles shall be counted as two Level 2 EVSE. Level means an EVSE with technology known as DC fast charging, charging through a 480V direct current plug. 15.28.030 Applicability. The standards in this Chapter apply to all new residential R3 (single family, duplex, townhouse) and all new non-residential, mixed use, and/or multi -family exterior energy uses. Page 24 of 29 15.28.040 Electric vehicle charging. The building shall be provided with electric vehicle charging in accordance with this section and the National Electrical Code. When parking spaces are added or modified without an increase in building size, only the new parking spaces are subject to this requirement (a) R3 occupancies. Structures shall be provided with EV charging in accordance with Table 1. Calculations for the number of spaces shall be rounded up to the nearest whole number. All Electric Vehicle Supply Equipment (EVSE) Installed, EV Ready and EV Capable Spaces are to be included in the calculation for the number of minimum vehicle spaces required, as provided by the applicable article of the Avon Development Code as amended below. Table 1. Residential EV Requirements Number of EV Capable Spaces Number of EVSE Ready Spaces Number of EVSE Installed Spaces 1 to 6 spaces None 1 None 7 or more spaces 15% of spaces 10% of spaces 5% of spaces (b) All non-residential and mixed -use occupancy groups. Structures shall be provided with EV charging in accordance with Table 2. Calculations for the number of spaces shall be rounded up to the nearest whole number. All EVSE Installed, EV Ready and EV Capable Spaces are to be included in the calculation for the number of minimum vehicle spaces required, as provided by the Avon Development Code. Table 2. Non-residential and Mixed -Use EV Requirements Number of EV Capable Spaces Number of EV Ready Spaces Number of EVSE Installed Spaces 1space None 1 None 2 to 9 spaces None 1 1 10 or more spaces 15% of spaces 1 10% of spaces 5% of spaces Note: The number of electric vehicle supply equipment installed spaces may be reduced by up to five provided that the building includes not less than one parking space equipped with an EV Level III and not less than one electric vehicle ready space 15.28.050. Submittal requirements. Construction documents shall designate all EV capable spaces, EV ready spaces EVSE spaces, and EV supply equipment installed spaces, and indicate the locations of conduit, sizing, and termination points. The circuit breakers or circuit breaker spaces reserved for the EV capable spaces, EV ready spaces, and EV supply equipment installed spaces shall be clearly identified in the load center. The conduit for EV capable spaces shall be clearly identified at both the load center and the termination point at the parking space. 15.28.060. Accessible parking. Where new accessible parking is provided, at least one accessible parking space shall be EV installed. CHAPTER 15.30 Outdoor Lighting Standards 15.30.010 Intent and purpose. (a) The purpose of this Chapter is to reduce offensive lighting sources and reduce light trespass beyond property lines, including unnecessary upward lighting. The Town is experiencing a significant increase in the use of Page 25 of 29 exterior illumination. Town residents and guests value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor 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 exterior lighting in order to: (1) Promote adequate light for safety and security; (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. 15.30.020 Definitions. For the purposes of this Chapter, the following definitions shall apply: Exterior lighting. Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting. 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. 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. 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's holidays. Light pollution. Any manmade light 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. Page 26 of 29 Controlled source and good aiming prevent light trespass Waste light, Light Trespass / 6 a L Task Area 2 Light trespass from uncontrolled source 15.30.030 Applicability. The lighting standards of this Chapter shall be applicable to all exterior 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 lighting installed before the effective date of the ordinance codified herein shall conform with this Chapter. Ord. 04-19 §1) 15.30.040 General outdoor lighting 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 source of illumination (filament, frosted bulb or the reflection of those from a shiny surface) is not visible from 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. (3) All lighting (including, but not limited to 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: a. For the Town Core, holiday lighting from November 15th to the closing date of Beaver Creek Ski Resort's winter ski season. For all other areas, holiday lighting from November 15`hto March 1. No holiday lights shall be illuminated between the hours of midnight and 6:00 am. b. Sensor activated luminaries, provided that: Page 27 of 29 1. It is located in such a manner as to prevent glare and lighting onto properties of others or into the public right-of-way. The luminaire is set to only go on when activated and to go off within five (5) minutes after activation has ceased. 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. Floodlights with external shielding can be deflected up to twenty-five (25) degrees from a vertical plane as measured through the central axis of the light beam from the luminaire, only if the luminaire does not cause glare or light to shine on adjacent property or public rights -of -way. 2s Compliant floodlight angle Uplighting for flags, address markers, trees, architectural features and low -voltage landscape lighting, provided that the luminaire is located, aimed and shielded so that direct illumination is focused exclusively on the object and away from adjoining properties and the public street right- of-way. Architectural features may be illuminated by uplighting, provided that the light is effectively contained by the structure. In all cases, uplighting must not cause glare or light trespass. Luminaires (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: 1. The bulb of the fixture is not visible; 2. The fixture utilizes frosted, opalescent, clear or iridescent glass; 3. 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 5. All fixtures must not cause glare or light trespass beyond the property g. Temporary (two [2] days or less) high intensity discharge floodlighting may be used for sports lighting and Town -sponsored 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. All permanent sports and event lighting shall be equipped with a glare -control package (louvers, shields or similar devices) and the fixtures must be aimed so that beams are directed and fall within the primary playing area and light trespass is minimized. Page 28 of 29 15.30.050 Lighting plan. (a) An outdoor lighting plan shall accompany all design and building permit applications and shall be submitted separately from other drawing information. All lighting plans (except single-family and duplex applications, whose lighting fixtures and locations are reviewed under the Design Review Guidelines) shall be subject to approval through the design review process by the Planning and Zoning Commission. A user's guide with examples of compliant light fixtures is available in the Community Development office. (b) Those projects not requiring design review by the Town shall be required to submit a lighting plan that conforms to the standards outlined herein at the time of building permit for new construction. 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 Inspector 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 Inspector finds that any provision of this Chapter is being violated, the Community Development Inspector 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 sixty-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. 15.30.070 Figures and diagrams. The following figures illustrate examples of acceptable and unacceptable types of outdoor lighting fixtures. Note that even those types of fixtures shown as "acceptable" must be installed and aimed properly to comply with this Chapter. Page 29 of 29 ` �'R �QOIFtT�0V D15\N\r �. International Fire Code 2021 Amendments Chapter 1— SCOPE AND ADMINISTRATION 101.1 Title. These regulations shall be known as the Fire Code of Eagle River Fire Protection District, hereinafter referred as "this code." 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be the most current published editions of those that are listed in Chapter 80, and such codes 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 regulatedion in sections 102.7.0 and 102.7.2. 106.1 Submittals. Construction documents and supporting data shall be submitted in two or more sets of hard copy or one set of portable data file (PDF) with each application for a permit and in such form and detail as required by the fire code official. Tke Construction documents shall be prepared by a Colorado State kegisteredl design professional as required by the statutes of the jurisdiction in which the project is to be constructed. 107.4 Work commencing before permit issuance. No work shall commence prior to permit issuance without written authority by the code official. AU11 work authorized to begin prior to issuance of a permit does not negate the permit holder from meeting the regulations of this code. Work done prior to the issuance of a permit that does not meet the regulations of this code will be corrected at the permit holder's expense. All approved permits are subject to field inspection and doesdo not negate the permit holder's f mtm requirement to meetingmeet the regulations. Deficiencies of :is Bode an shall be corrected at the permit holder's expense. Work performed prior to attaining prepera proper permit shall increases the permit fees by four times. 107.6 Refunds. ERFPD shall authorize the refunding of fees as follows: 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. Not more than 80% of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 3. The Fire Official shall not authorize the refunding of any fee paid, except upon written request filed by the original applicant not later than 180 days after the date of fee payment. 111.1.1 Procedures. To request a hearing before the board of appeals, the applicant shall file a request in writing to the fire chief. The fire chief shall arrange for the board of appeals to meet within 10 working days €romof the reeeiptreceipt of the request. All applicable fees as stated in the fire district fee schedule shall be paid at the time the written request is made. shall consist of members who are qualified by experience and training to deliberate on matters pertaining to the hazards of fire, explosions, hazardous conditions or fire protection systems. Chapter 2 — DEFINITIONS Fire Area. The aggregate floor area enclosed and bounded by fire walls meeting the requirements of the International Building Code and fire barriers, exterior walls or horizontal assemblies of a building. Areas of the building not provided with surrounding walls shall be included in the fire area if such areas are included within the horizontal projection of the roof or next floor next above. For buildings constructed under the International Residential Code, the fire area is the aggregate floor area enclosed and bounded by exterior walls of a building. Chapter 3 — GENERAL REQUIREMENTS 308.1.4 Open -flame cooking devices. Charcoal burners and other open -flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 3. LP -gas cooking devices having LP -gas container with a water capacity not greater than 48 pounds [nominal 20-pound (9.1 kg) LP -gas capacity]. 308.1.5.1 Location near combustibles. Open flames such as from candles, lanterns, kerosene heaters, propane mushroom heaters, and gas fire heaters shall not be located on or near decorative material or combustible construction members. Exception: Use of propane powered heaters, kerosene heaters, and gas fire heaters shall not be used on R 1 or R2 balconies with overhead ceiling or decking. 315.3 Storage in buildings. Storage of materials in buildings shall be orderly and stacks shall be stable. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur. Storage room doors shall be provided with approved signage. Chapter 5 — FIRE SERVIC E FEATURES 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. The ECLUR meets or exceeds the requirements of Sections 503.1.1 through 503.1.3. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road shall be within Eagle County Land Use Regulations (ECLUR) Article 4: Site Development Standards, Division 4-6: Improvement Standards, Section 4-620 Roadway Standards for all roadway and driveway access approvals. 506.1 Key Boxes— — A key box, known as a Knox Box, shall be installed in an approved location in gall commercial and residential structures with a monitored fire alarm system that summons the fire department shall have a key box known as ^ Knox box installed in an approved laeation, where access to or within a structure or an area is restricted because of secured openings, or where immediate access is necessary for life-saving or fire -fighting purposes. The Knox bBox shall be of an approved type listed in accordance with UL 1037, 1037 and shall contain keys to gain necessary access as required by the fire code official. Commercial structures shall have a Knox bBox that holds no less than 50 keys unless a different size is authorized by the Ifire code official[ 508.1 General. A Fire Command Center for fire department operations complies with Sections 508.1.1 through 508.1.6. &"^"wed shall be required in buildings, structures, or facilities that are more than 4 stories (including basements and underground garages) in height or are greater than 50,000 square feet (4645msq.) within surrounding exterior walls., eentef for fire department opefations shall be provided and shall eomply with Seetions 508. 1.1 through 508.1.6. 510.1 Emergency responder radio coverage in new buildings. Approved in -building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings. In -building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the interior of the building. This section shall not require improvement of the existing public safety communication systems. Chapter 6 — BUILDING SERVICE AND SYSTEMS 603.9 Gas & Utility meters. Above -ground gas & utility meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Gas & utility meters and piping shall be protected from snow & ice shedding from a roof area. Snow & ice build-up around gas & utility meters shall be kept clear at all times. Chapter 9 — FIRE PROTECRTION SYSTEMS 901.11 Responding to Nuisance Alarms. Nuisance alarms are defined as "an alarm caused by mechanical failure, malfunction, improper installation or lack of maintenance, or an alarm activated by a cause that cannot be determined." Fire alarms that require emergency response that are caused by a system not being "offline" during repair, test, or inspection will fall under nuisance alarms. When two or more nuisance alarms from an occupancy occur within twelve months of each other, the property owner/manager may be fined. Fines are measured by response apparatus and human resources as deF�d ddefined in the District's current Colorado Resource Rate Form (CRRF) plus actual personal costsby the PepaFtment of Homeland ee, tir-it . "Serf' rate usine-w4h a minimum of two hours I" offense: 0 2"d offense: Actual CRRFser€rate for response. 3rd offense: Actual CRRFSerf rate for response plus $200. 41h offense: Actual CRRFSerf rate for response plus $400. 51h offense: Actual CRRFSer€ rate for response plus $800. Additional offenses will be billed at the 5`h offense rate. Exceptions: The property owner/manager can provide documentation that the issue that caused the nuisance alarm is in the process of being repaired. 903.2.13 Buildings Constructed under the International Residential Code. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all detached one and two-family dwellings and multiple single-family dwellings (townhouses), complying with the requirements of the International Residential Code, whose total aggregate fire area exceeds 6,000 square feet (557 square meters). FireThe fire area shall be listed on site plan submittal. Exception: Unless otherwise required by more restrictive local codes, policies, amendments, ordinances or plat notes. 905.3.1 Height. Class I standpipe systems shall be installed throughout buildings where the following conditions exist: 905.3.1.1 Building Area. In buildings exceeding 10,000 sq. ft. (929 sq. m.) within surrounding exterior walls, an approved Class I standpipe system shall be provided where any portion of the building's interior is more than 150 feet (46 m) of travel, vertically and/or horizontally, from the nearest point of fire department access. Location of standpipes shall be approved by fire code official. 907.2 Where required -new buildings and structures. An approved fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. One manual fire alarm box shall be provided at all designated exits in an approved location to initiate a fire alarm signal for fire alann systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, fire alarm boxes shall be installed at all designated exits. Exceptions: The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 907.6.6 Monitoring. Fire protection systems required by this chapter or by the International Building Code shall be monitored by an approved supervising station in accordance with NFPA 72. Exception: Monitoring by a supervising station is not required for: 1. Single- and multiple -station smoke alarms required by section 007.2.111 --------------------------- - Commented [KB5]: Refresh my memory on 907.2.11 2. Smoke detectors in Group I-3 occupancies. 912.2.2 Existing buildings. On existing buildings, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. 912.5 Signs. A metal sign with raised letters not less than 1 inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: AUTOMATIC SPRINKLERS or STANDPIPES or TEST CONNECTION or a combination thereof as applicable. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portions of the building served. 912.5.1 Additional signs for FDC. The fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters "FDC" not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. Chapter 39 - TENTS, TEMPORARY SPECIALEVENT STRUCTURES AND OTHER MEMBRANE STRUCTURES 3103.2 Approval required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the fire code official. Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Tents open on all sides that comply with all of the following: 2.1. Individual tents shall have a maximum size 400 square feet. 2.2. The aggregate area of multiple tents placed side by side without a fire break clearance of not less than 12 feet (3658mm) shall not exceed 400 square feet NFPA Amendment Chapter 6, 13D 2019 6.2.2 Water Supply Sources. Exceptions: Add (4) Water supply sources that Fequiresrequire a tank and pump shall be provided with a fire department connection (FDC) in a location approved by authority having jurisdiction. Chapter 8, 13D 2019 8.1.1.3 Number of Design Sprinklers Add The number of design sprinklers shall include all sprinklers within a compartment, up to a maximum of two sprinklers, under a flat, smooth, horizontal ceiling. In occupancies with sloped, beamed, or pitched ceilings over 10 feet, the system shall be calculated with three or more heads operation at manufacturers specifications. Structures with greater than 3,500 square feet of fire area shall be calculated with a minimum of three heads operating. 8.3.4 Location of Sprinklers Amend Sprinklers shall be installed in residential garages. Sprinklers are not required in open attached porches, carports, and similar structures. 8.3.5 Location of Sprinklers Amend Crawl spaces or attics with fuel burning appliances shallto be protected with residential sprinklers and ceilings shallto be fire rated. Attics with pull down ladders shallv#,l} be protected with residential sprinklers. ATTACHMENT C ,ovo n C 0 L 0 3 :. C 0 Town of Avon 2021 Code Adoption and Sustainability Impacts Update The Town of Avon is pursuing the adoption of the 2021 International Energy Conservation Code ("IECC") as part of the larger adoption of 2021 International Building Codes ("IBC"). The Town currently applies the 2015 IECC and IBC to the Avon Municipal Code ("AMC"). The overall adoption of 2021 IBC will support the Town in its pursuit of health, safety and wellness for the community however, adoption of the 2021 IECC represents the most substantial update to policies and procedures that support the Town's ability to meet climate action goals established in the county -wide Climate Action Plan ("CAP"). The CAP calls for greenhouse gas ("GHG") emission reduction targets of 50% by 2030, and a minimum of 80% by 2050. The energy used and wasted by buildings in Eagle County remains a significant contributor to GHG emissions in our region, and the Colorado Energy Office ("CEO") lists "Expand Energy Efficiency" as the number one most impactful action for local government policy in mitigating GHG pollution. Adoption of the IECC is a likely strategy for expanded energy efficiency, with material impacts on commercial and residential development in the Town. Residential Construction 2021 IECC requires that every residential development project choose and apply one of three Compliance Options: 1. Prescriptive 2. Total Building Performance 3. Energy Rating Index Each option requires* some application of an Additional Energy Efficiency Package: 1. Enhanced Envelope Performance 2. Increased Efficiency of HVAC System 3. Reduced Energy Use in Service Water -Heating 4. Increased Efficiency of Duct Thermal Distribution System 5. Improved Air Sealing and Ventilation *A 5% improvement over the reference building can be substituted for an efficiency package Additional major changes through the 2021 Residential IECC include enhanced requirements for: • Floor and Basement Wall Insulation • Sunrooms and Heated Garages • Structural Air Leakage • Air -Sealed Electrical or Communication Boxes • Duct Leakage • Testing Requirements for Mechanical Vent Systems • Lighting Efficiency and Interior Lighting Control Commercial Construction The Commercial chapter of the 2021 IECC includes 70 approved changes, with 36 of those focusing on a building's envelope. The new code requires that buildings display an Energy Efficiency Certificate that indicates quality and type of insulation, windows and doors, and any air leakage test results. Notably, 2021 Commercial IECC expands the requirement for"Energy Credits"for individual construction projects. Energy Credits are acquired through construction that enhances energy efficiency. Examples of options to earn credits include: • More Efficient HVAC Performance • Reduced Lighting Power • Enhanced Lighting Controls • On -site Renewable Energy • High -efficiency Service Water Heating • Enhanced Envelope Performance These strategies are designed to result in a 10-15% energy savings beyond a prescriptive reference building. The exact options and requirements for energy credits varies across building types and climate zones. Impacts of 2021 IECC in Colorado (Compared to Existing 2015 IECC) • 8.6% Energy Savings Across the State • $156 Reduction in Annual Utility Bills per Household • 20,301,000 CO2e Reduction over 30 Years • Eagle County Goal: 707,795 CO2e 25,000+ Jobs Created