TC Ord. No. 24-03 Re-Establishing Minimum Energy Efficiency Standardsn
,von
COLORADO
ORDINANCE 24-03
AMENDING ITS ADOPTION BY REFERENCE OF THE 2021 INTERNATIONAL
ENERGY CONSERVATION CODE (IECC) AND MAKING CONFORMING
AMENDMENTS TO TITLE 15 REGARDING BOILER AND FURNACE EFFICIENCY
REQUIREMENTS
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 ("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, pursuant to such authority, the Town has previously adopted Title 15 of the Town
of Avon Municipal Code ("Code"), regarding Buildings and Construction; and
WHEREAS, the Town Council adopted the 2021 International Building Codes, including the
International Energy Conservation Code ("IECC"), on December 13, 2022 by approving
Ordinance 22-16; and
WHEREAS, the Town Council adopted the Climate Action Plan 2020 Update, with the stated
priority goal of adopting above building code standards that are consistent throughout the region;
and
WHEREAS, in April 2023, Council approved Ordinance 23-03, with amendments to the IECC,
collectively referred here as the I -Codes, to improve the energy performance of building, and will
thereby promote the health, safety, resiliency, affordability, sustainability, and general welfare of
our community; and
WHEREAS, the addition of efficiency requirements to the adopted International Energy
Conservation Code will further our goals of reducing greenhouse gas emissions and will re -instate
a requirement that had already existed previously via Ordinance 22-16.
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. International Energy Conservation Code Amendments. The Town Council
hereby approves the following amendments to the Avon Municipal Code by the addition of a new
section 15.26.050, and the respective re -numbering within Chapter 15.26, as follows:
15.26.050 More efficient furnace and boiler eauiDment
Ord 24-03 Adoption Building Code Amendments
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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. All new or replacement heating and cooling equipment
(which includes boilers, furnaces, snowmelt, pool, spa, domestic hot water heater)
shall have an efficiency rating equal to or greater than the minimum required by
federal standards 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.
15.26.0560 - Additions and Modifications to IECC.
15.26.0670 - Violation.
15.26.0-780 - Penalty.
15.26.0890 - Repeal.
15.26.090100 - Validity.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. 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 4. 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.
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Section 5. 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 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 7. 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 8. 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 February 27, and setting such public hearing for March
12, 2024 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
ATTEST: �pWN OFq
:S��
Miguel Jaur i asanuev Tbwn Clerk
Ord 24-03 Adoption Building Code Amendments
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ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on March 12,
2024.
ATTES
Miguel
APPROVED AS TO FORM:
Nina Williams, Town Attorney
Ord 24-03 Adoption Building Code Amendments
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OF,qq
Town Clerk